Although there are some married couples who make the decision to end their marriage and are able to go through the process in an amicable and cooperative manner, the reality is that there are a far greater number of couples who go through the divorce process in a more adversarial manner.

Unfortunately, if the couple has children, the contentiousness of the marriage and divorce continues long after the divorce decree is signed and it is not uncommon for issues to arise regarding parenting time, child support, and other issues regarding the children. It can even lead to one of the parents interfering with the other parent’s parenting time. That parent may decide to retaliate by withholding child support. But as an Austin complex child custody lawyer can explain, these types of actions can lead to serious consequences with the court.

A much better – and legal – way is to contact your attorney to help guide you through the legal process of having a judge address your ex’s noncompliance with the court’s custody and visitation order.

Getting divorced with children always complicates the divorce process. Parents will need to address child custody, child support, and other child-related issues in addition to the typical divorce issues like the division of property. Unfortunately, many parents struggle to discuss child custody concerns calmly and rationally. Tensions can run high when it comes to children and many parents disagree about what is best for their kids. If you are a parent going through a divorce, you may wonder how your relationship with your soon-to-be-ex will affect your ability to co-parent after the divorce.

One option that many parents find useful in high-conflict situations is parallel parenting. Parallel parenting is a type of co-parenting strategy that minimizes the interaction between divorced parents. Read on to learn more.

How Does Parallel Parenting Work?

In a typical co-parenting relationship, parents work together to raise their children even though they are divorced. Some co-parents even attend family vacations or events together. Unfortunately, contention between divorced parents can make this impossible.

Divorce is rarely without some degree of contention. However, some divorce cases are wrought with turmoil. In some situations, divorcing spouses become violent and abusive as the marriage ends. In other cases, the domestic violence was the initial cause of the divorce.

If you have found yourself in a situation where you fear for your safety or the safety of your children, consider getting a protective order. A protective order can prevent your spouse from coming near you and your children or contacting you through the phone, internet, or other means.

Magistrate’s Order of Emergency Protection

In Texas, a Magistrate’s Order of Emergency Protection may be mandatory. If your spouse inflicts serious bodily harm or uses a deadly weapon, an Order of Emergency Protection may be issued against the spouse. You can also request an order of protection if your spouse was arrested for a family violence offense, assault, or stalking.

Once a married couple decides to call it quits, they must address many financial issues including the division of marital assets and debts. For couples who were only married for a short period of time and those who own little property, this process is relatively simple. However, couples with significant wealth and complex assets will likely need to spend much more time addressing financial concerns during their divorce.

Factors That Can Complicate Property Division in Your Texas Divorce

Texas is a community property state. This means that Texas courts divide marital property evenly between the spouses. Spouses are also able to negotiate their own property division arrangement. However, when a marital estate contains complex assets, assets with hard-to-determine value, or assets with fluctuating value, the couple will likely need professional help to reach a fair division of property.

Some of the most common complicating factors in a high-asset divorce case include:

If you are planning to get married, you may be interested in learning about the benefits of signing a prenuptial agreement or “prenup.” Prenuptial agreements or premarital agreements are largely misunderstood by the general public. Many people are unaware of the financial and personal benefits offered by prenuptial agreements.

Fortunately, more and more people are starting to realize that prenups offer practical solutions to a myriad of financial concerns. Prenuptial agreements are especially popular among the millennial generation. Many young people grew up with divorced parents and recognize that divorce is always a possibility – even in the most loving marriages. Read on to learn about the advantages of signing a prenuptial agreement when one or both partners have a high net worth.

Identifying Property as Marital or Non-Marital

Texas courts follow “community property” rules during a divorce case. This means that any property considered marital property is divided between the spouses. Separate property is assigned to the spouse that originally owned the property. Nearly every asset that a spouse acquires during the marriage is considered a marital property save for certain exceptions. Through a prenuptial agreement, you can designate property and debt as either marital or non-marital. This is especially beneficial for business owners who want to ensure that business interests are not lumped in with other marital property in a divorce.

Getting divorced involves much more than deciding to end the marriage. Divorcing couples must also address divorce issues like the division of marital property. Separating “yours” and “mine” during property division is often one of the most complicated aspects of the divorce case. This is especially true when a spouse owns intellectual property.

Intangible Property During Divorce

Certain assets are easy to value and divide in a divorce. However, determining the value and identity of intangible assets such as intellectual property is much more complicated. Whether you are an artist, author, software developer, or business owner, you may have questions about how intellectual property is addressed during a divorce.

Divorcing spouses in Texas have the right to design their own property division arrangement. Doing so may be time-consuming, but for many, this is a favorable alternative to court intervention. For example, one spouse may retain rights to the intellectual property and compensate the other spouse for his or her financial interest in the intellectual property using other assets. Spouses who wish to negotiate their own out-of-court marital property settlement should consult with an attorney who can advise them of their rights and options.

Divorce is rarely pretty, but some cases are uglier than others. Divorce involving infidelity, abuse, reckless spending, or a high degree of contention can be extremely taxing. In high-conflict divorce cases such as these, it can be hard to keep your cool. However, lashing out at your soon-to-be-ex or making rash decisions based on emotion will only hurt your chances of a favorable divorce outcome. If you are engaged in a high-conflict divorce, consider the following tips for staying calm and focusing on the big picture.

How to Stay Levelheaded in a High-Conflict Divorce

Any divorce can be stressful, but a high-conflict divorce can make you feel like you are losing your mind. If you are in the middle of a hostile separation or divorce, you may be feeling intense anger, frustration, and resentment. Your spouse may be doing everything possible to upset you and make the divorce process as difficult as possible. Unfortunately, you cannot change your spouse’s behavior, but you can change how you respond to the behavior.

Negotiate issues through your attorneys – If your spouse refuses to cooperate, resolving divorce disagreements through mediation or informal discussions may be impossible. You may need to negotiate a settlement through your respective attorneys.

Divorced parents face many unique obstacles and challenges that married parents never encounter. Not only do divorced parents have to find a way to co-parent their children effectively they may also encounter complex child custody disputes. One such dispute arises when a parent wishes to move out of state. If your ex is trying to move your child out of Texas, it is important to understand your rights and explore your legal options.

Child Relocations and Joint Managing Conservatorship

Texas courts presume that it is best for children to maintain a relationship with both of their parents. Unless there is a history of parental abuse, domestic violence, or neglect, courts typically prefer joint custody or “joint managing conservatorship” as it is called in Texas law. This means that both parents have a say in the child’s upbringing – including where the child lives. However, even if there is a joint managing conservatorship arrangement, one parent may be the primary parent or primary custodian.

Texas parenting plans usually place restrictions on where a primary parent may move a child. The parent may move to a neighboring county, for example, but not across the country. Parents who wish to move their child out of state typically need a court order to do so.