This is a complicated question to answer depending upon the facts of each case. If you have experienced domestic violence you need to immediately do whatever is necessary to secure you and your child’s safety. Many times a victim will go to court for a protective order and ask the judge to move the abusive or violent spouse out. In this situation contact an experienced family law attorney now!
In most cases, absent of violence or risk of abuse, we would not suggest that a spouse move out of the marital residence.
Why is this? One reason is once you have vacated the residence it may be very difficult to get back in! You have no legal obligation to leave the residence if your name is on the lease or mortgage personally and exclusivity.
Our suggestion to a client might be, to remain in the residence since the person who vacates may still have financial obligations and expenses of the family residence, while paying all expenses on a new residence for themselves. Double expenses are not a desirable result during the divorce process.
The higher wage earning spouse who moves out of the marital home must expect to continue to pay most of the household expenses, including the insurance and mortgage! What about the personal property and furnishings in the residence?
If an agreement has not been made between the divorcing couple, the moving spouse will generally only be able to leave with personal belongings (clothing & jewelry) until a court rules fairly as to temporary possession.
Secure a court order ASAP to equalize property and household expenses.
Divorces with children are painful and emotional under the best of circumstances, but a divorce with a “Special Needs Child” is usually a very complex and mentally stressful situation for all family members involved.
The main goal in a “Special Needs” divorce is that all decisions affecting a child with disabilities must be in the “Best Interest of the Child.”
What is the “Best Interest of the “Special Needs Child”? Often this is the very reason that the parents are divorcing. The parents cannot agree on the existence of a disability or the best approach needed for care and support for their special needs child. Many times a medical/neutral professional will need to be involved to help the parents transition the new “after” divorce life of the child and parents.
When working with parents of a “Special Needs Child”, our attorneys focus on the most critical issues impacting the child and the family unit.
Some of these important issues are:
- Keeping the relationships between the family members agreeable in making the necessary decisions concerning visitation and transitions between both parents’ homes. You child needs contact with both parents unless there is an abuse or addiction issue or the other parent’s home is an unsafe environment for the “Special Needs” Child.
- Agreed upon health and medical care issues including special therapies to address the child’s needs. Let the child know that both parents are in agreement on the care for the child.
- Special social and recreational opportunities and appropriate educational programs are available for the child and her/his disability and should be agreed upon by both parents, if possible.
- Coordinate structured and regular visitation dates with same place drop off points. Give your child a calendar with visitation dates and let her/him be prepared to visit the other parent.
- Helping the parent to find a support group of family, friends, counselors and neighbors to help your family with your “Special Needs” Child. This help may come in many forms, mental and physical support, financial planning or just a good hug to say “you are ok”.
What is very important in a “Special Needs” Divorce is to realize what is “normal” in most divorces may not be the norm here. There are many important situations that will have to be resolved before the divorce can be finalized. The divorced parents of the “Special Needs” Child will continue to have to work together for what is best for their child.
Other serious considerations to settle:
- The transitions after a divorce on living arrangements and visitations for the child. It will be difficult to use a standard visitation schedule and a special parenting plan will have to be agreed upon to meet all of the child’s needs.
- The divorce decree will have to be custom designed to make sure the needs of the child will be met for the child’s entire life. The final divorce decree may have to be modified for the child’s benefit.
- Be knowledgeable of the financial aspect of your “Special Needs” Child. What type of care will be needed on a daily basis and will one parent have to give up all monetary benefits from employment outside of the home to take care of the child.
- List all expenses of raising this child: medical costs, food for special nutritional diets, special medical equipment needed for use of child, special schooling and transportation needs. This is very important to make sure the needs of the child will be met.
- Spousal Maintenance/Alimony: this amount must be worked out to ensure the caregiving parent will be able to afford all need of the child and their household. Many times this parent will not be able to work out of the home because of the constant care for the child. This will usually continue for the entire life of the child, so the divorce decree will have to reflect this continued support and cost of living changes.
When choosing a qualified lawyer for your “Special Needs” Divorce, it is important that the lawyer is familiar with what is involved with this type of divorce and understands the importance of tailoring a custom decree that will fit the best interest of the child and family situation for the duration of the child’s existence. It won’t be easy, but if the parents will work together, it can be achievable!
It is 2019 and many fathers are facing a regrettable and inevitable DIVORCE! Either through Mom’s decision or Dad’s, it may be the end of a joint family life that includes both parents in one residence. No one is ever happy, but by doing some research and trying to make reasonable decisions, fathers will persevere and hopefully you will be able to maintain your loving relationship with your children and family.
Some things to remember:
- Your children love you and just because you are no longer living with their mom, doesn’t change your love. You keep your opinions to yourself and not share all your adult thoughts with your children. YOU LOVE THEM AND ALWAYS WILL! NOTHING HAS CHANGED IN YOUR INTEREST OR LOVE FOR YOUR Children. Mom is no longer in your home and love with the children. She has her own relationship with the family now.
- You do have definite rights to your children. When the decision has been made to file for divorce, employ an experienced attorney to help guide you through this process. Negative statements, even when true, ARE NOT HELPFUL! Uninformed opinions from your soon to be ex, concerning your rights with the children, are suspect, since you now are on opposing sides. A very knowledgeable Fathers Rights Attorney is up to date on all current issues in Fathers Rights domestic litigation and the courts, and this is who you should listen to for guidance.
- As the divorce proceeds and behaviors by the divorcing couple become hostile and estranged, just remember that self-control and acting rationally, without anger, will help in eliminating future ammunition to be used against you in the divorce and custody case. Self-control in your behavior and attitude will help you keep an upper hand in the Divorce proceeding and help the outcome.
- Finally, you are not the victim! Don’t lay down dead and let Mom run over you! There is life after the death of a marriage and you will learn that not only may your life be better, but your life with your children will be enhanced! The children will have watched you act like an adult and parent who loves them and wants the best for them, but also wants a good life with them in the after-divorce life.
Now the Divorce process has begun. Either you or your wife have “Lawyered Up” and the Legal Process has begun! Some very good advice to consider following at the beginning of a Divorce:
- Get your financial documents in order: Review our blog “Prepare for Your Divorce” to start getting ready in the financial part of the divorce. Subject to the outstanding standing order of the court, be sure to protect all joint bank accounts and open new ones for your individual use. Also, if indicated and necessary, delete spouse from all your credit and charge cards.
- Depending on the age, meet with your children and discuss what is happening to your family. Make sure they know that your relationship with them will never change and you will always be their father and show this by loving actions and affections. Confirm that you are divorcing their Mother, not them.
- Stay on your best behavior during this stressful time. Watch your consumption of alcohol intake and try to stay in good company. You need to show that you are not the aggressor. Never let Mom provoke you into a stressful situation where you may engage in a public spectacle with any form of emotional, physical or sexual abuse against Mom or others. The Judge or jury would not be impressed!
- If you have not hired an attorney, now is the time to “lawyer up”. You need to find a competent attorney who has a good reputation dealing with fathers and their rights to their children. Look on legal websites and blogs to see if an attorney relates to your legal needs. Check on fathers’ rights blogs and see if an attorney has answered questions about a similar family situation as yours and has suggested good solutions to help resolve the issues. Give this attorney a call and set up a consultation to see if he/she would be a fit for your legal need.
- If life and divorce pressures are making you depressed, search out for help with supportive family or friends, clergy or professional counselors. Studies have concluded that Divorce is one of the most stressful events in an individual’s life. Get the support you need to be able to make wise decisions and to promote honest interaction with others during this most stressful time.
Like death, Divorce is one of life’s worst events. Know that this difficult time will someday be over, but also along this path there will be unknown surprises and events, that will test your honesty and dignity as a father and a parent. But in the end, you will make it and still be the father that you need to be to your children.
Stay Calm. This too shall pass….
Nacol Law Firm P.C.
Dallas Fathers Rights Attorney
In any Divorce case a father or husband should expect two attacks right out of the door. First, is paying for child support because most District Judges in Dallas, Tarrant, and Collin counties do not look favourably on 50/50 custody during temporary orders. Second, is paying temporary spousal maintenance to the wife.
Temporary spousal maintenance is essentially money that the Court forces a husband to pay his wife during the pendency of the divorce. Unfortunately, the District Judge has broad discretion in awarding the amount and duration of the temporary spousal maintenance. The temporary spousal maintenance is awarded based on considerations of both the degree to which the Spouse is destitute of means to pay for her necessities during the pendency of the suit and the ability of the Husband to pay.
Essentially, these considerations are determined by the Judge and if the Spouse has no job or means to support herself then, the Husband should expect a large percentage of his paycheck to go to the Spouse for the duration of the case. In many cases, if the Ex-Wife has the means to support herself, the Court will still award her spousal maintenance to some extent. The amount that the Court fixes as temporary spousal maintenance is likely permanent until the conclusion of the case and only appealable on mandamus. Usually, the appeal will cost more than paying the Spouse. Unfortunately, the Court uses temporary spousal maintenance to help settle cases by forcing the Husband to support both individuals of the party.
If you are seeking a divorce and have a job that provides well for your family, prepare to be attacked for child support and temporary spousal maintenance for the duration of the case. To mitigate the temporary spousal maintenance amount and seek 50/50 custody with your children, find an experienced attorney that can prepare you for the temporary orders. Temporary spousal maintenance is a tool the Court uses to equalize the estate and force a compromise. Divorce is a painful process and temporary spousal maintenance makes the process even more painful, but regrettably the burden primarily falls upon the Husband’s neck.
Nacol Law Firm PC
Welcome to January, the Divorce Month of the New Year! After a bad holiday season, many people have made the decision to file for divorce. The most popular months for filing divorce in the United States occur in January through March.
Going through a Divorce is painful no matter what the circumstances. When you decide to start the Texas Divorce Process, make sure you are financially prepared. Financial planning helps you in making sound decisions and start to prepare for your post-divorce life.
Below is a list of items you need to gather before counseling with an attorney. Financial Documents are a must to show what your true assets and liabilities are in the marriage.
Financial Documents needed when preparing for a Texas divorce:
- Tax Returns (at least three years) or Tax Liens and all IRS related documents
- Wills and Trusts with all attachments reflecting corpus and trust holdings
- Listing of all liabilities (including mortgages, credit card debt, personal loans, automobile loans, etc.):
-Name of entity, address and telephone number
-Property securing payment (if any)
-Most current statements and account status of lenders
- A Listing of all Real Property, address and location, including (includes time-shares and vacation properties):
-Deeds of Trust
-Notes including equity loans and second liens
-Mortgage Companies and Loan Servicers (Name, Address, Telephone Number, Account Number, Balance of Note, Monthly Payments)
-Current fair market value
- Motor Vehicles (including mobile homes, boats, trailers, motorcycles, recreational vehicles; exclude company owned):
-Name on title
-Fair Market Value
-Name of creditor (if any), address and telephone
-Persons listed on debt
-Balance of any loan and monthly payment
-Net Equity in vehicle
- Cash and accounts with financial institutions (checking, savings, commercial bank accounts, credit union funds, IRA’s, CD’s, 401K’s, pension plans and any other form of retirement accounts):
-Name of institution, address and telephone number
-Amount in institution on date of marriage
-Amount in institution currently
-Names on Account
-Company loans and documents related to benefits
- A listing of separate property (property owned prior to marriage, family heirlooms, property gifted, inherited property):
-Records that trace your separate property. These assets will remain yours if properly documented
- Retirement Benefits:
-Exact name of plan
-Address of plan administrator
-Starting date of contributions
-Amount currently in account
-Balance of any loan against plan
- Publicly traded stock, bonds and other securities (include securities not in a brokerage, mutual fund, or retirement account):
-Number of shares
-Type of securities
-In possession of
-Name of exchange which listed
-Pledged as collateral?
-Current market value
-If stock (date option granted, number of shares and value per share)
-Stock options plans and related documents
- Insurance and Annuities Policies and Inventory:
-Name of insurance company
-Type of insurance (whole/term/universal)
-Amount of monthly premiums
-Date of Issue
-Cash surrender value
-Current surrender value
-Other policies and amendments
- Closely held business interests:
-Name of business
-Type of business
-% of ownership
-Number of shares owned if applicable
-Value of shares
-Balance of accounts receivables
-Cash flow reports
-Balance of liabilities
-List of company assets
-Possible hobbies or side businesses that generate income
- Mineral Interests (include any property in which you own the mineral estate, separate and apart from the surface estate, such as oil and gas leases; also include royalty interests, work interests, and producing and non-producing oil and gas wells:
-Name of mineral interest
-Type of interest
-County of location
-Name of producer/operator
-Current market value
-needs leases or production documents related to the asset
- Money owed by spouse (including any expected federal or state income tax refund but not including receivables connected with any business)
- Household furniture, furnishings and Fixtures
- Electronics and computers including software and hard drive
- Antiques, artwork and collectibles (including works of art, paintings, tapestry, rugs, crystal, coin or stamp collections) Other large collections need to be appraised! (Guns, quilts, action figures, books)
- Miscellaneous sporting goods and firearms
- Jewelry including appraisals
- Animals and livestock
- Farming equipment
- Club Memberships
- Safe deposit box items
- Burial plots including documents of ownership
- Items in any storage facility
- Travel Awards Benefits (including frequent flyer miles)