The Splitting Syndrome in a divorce is a common problem in cases with successful people who tend to be Type-A personalities or somewhat domineering. Personality traits that make people successful in the business and professional world, such as taking control of a situation or not showing all their cards in a negotiation, are sometimes a problem in a relationship and are often a problem in a … [Read more...]
Staying Out of Court During a Legal Dispute
When most people think about a divorce or a probate case the first thing that comes to mind is that the case will go to court. They assume that a judge or jury will hear the case and render a verdict. But in Texas, the policy is to encourage the peaceable resolution of disputes, with special consideration given to disputes involving the parent-child relationship. This includes the mediation of … [Read more...]
Texas Collaborative Divorce: Information Disclosure and Effect of Agreement
There are many benefits to divorcing couples who choose to use the Collaborative Divorce Process. Those benefits begin with an agreement to not go to court--not going to court can result in cost savings to the divorcing couple versus having a full-blown litigated trial before a judge or jury. Disclosure of Information During the Collaborative Divorce process, each party is required to informally … [Read more...]
What Happens if There is Fraud in Dividing Community Property?
Community Property Fraud in Divorce As much as one might hope that both sides in a divorce have been honest with each another in the process, the sad reality is that sometimes one of the spouses chooses to hide some of the community assets. This fraud cheats the other spouse out of part of the community estate that they have built together during the course of their marriage. The Texas Family … [Read more...]
What Happens to Inherited Property After Divorce?
Question: My spouse and I have concluded that we are no longer willing to continue our marriage. I have some property I inherited a number of years ago from my grandparents. Is my spouse entitled to half or some other part of that property or interest in it as a result of our divorce? Answer: Although this is the type of answer you hear lawyer jokes about, it actually is the correct answer to say … [Read more...]
What is a Grey Divorce?
Welcome to another edition of Bouschor Family Radio. Today we’re talking with David Bouschor about a new phenomenon that’s called the Grey Divorce. And this is an area where you see a lot of divorces happening these days. David: It is. As far as a new phenomenon, I think it’s something that’s been recognized for the last ten to twenty years. But we’re seeing more and more of it because of … [Read more...]
Grey Divorce: Separate vs. Community Property
What is Grey Divorce? With a demographic trend of an increased divorce rate among the “Baby Boomers,” the ability of a law firm to recognize and properly handle the special issues in a “Grey Divorce” is imperative in obtaining a good result. Property matters are one of the primary issues in a Grey Divorce. The Grey Divorce is one that occurs in marriages of people who are over 50 years of age, … [Read more...]
Getting Started with the Collaborative Divorce Process
The Collaborative Divorce process is an excellent way to handle most divorce cases. The process is private, puts the interests of children at the forefront, and creates a negotiated settlement between the divorcing spouses that focuses on the interests of both parties. Before the Collaborative Divorce process is started, a Collaborative Divorce participation agreement must be signed by the … [Read more...]
Grey Divorce
Welcome to another edition of Bouschor Family Law Radio. Today we're talking with David Bouschor about Grey Divorce. That's a terminology that is really been coming into play quite a bit here as Baby Boomers no longer have kids, but now are facing some realities of divorce. David: Yeah, I think your Grey Divorce is more of a definition of where their children are. In a lot of cases they're … [Read more...]
How to Get Divorced Without Ruining Your Life
What is Collaborative Divorce? Collaborative Divorce is a process in which divorcing parties work though the issues of their case using a method known as “interest-based negotiation,” which enables spouses to formulate agreements that focus on their most important individual and mutual goals. It is a settlement process that focuses on helping couples and their families find their way to … [Read more...]