League City Family Law Blog

Even with stats showing that about half of all marriages eventually come to an end, most couples walking down the aisle in Texas have visions of a lifetime together. Still, there are times when some life partners begin to explore the possibility of permanently separating. While there are certainly valid reasons for ending a marriage, there are also some equally valid financial reasons why couples may want to give divorce a second thought.

First of all, there are the professional costs associated with getting a divorce. In addition to legal fees, such expenses may include costs to hire real estate agents, financial planners and other ancillary professionals. Some ex-spouses also seek help from therapists to deal with the emotional toll of ending a marriage.

Saying goodbye to an ex in Texas doesn't mean credit card debt automatically disappears. In fact, credit card companies typically have a legal right to make efforts to collect debt owed by both spouses following a divorce. This is why it's widely recommended that newly divorced individuals make an effort to leave a marriage free of debt obligations. Plus, having lingering marital debt opens an ex up to the possibility of attempts by creditors to obtain what's owed should a former spouse file for bankruptcy or fail to make scheduled payments.

Credit card debt incurred prior to a divorce is usually the responsibility of both parties as long as they were both co-signers. However, if the other spouse was only a joint cardholder but not a co-signer, they are normally not responsible for the debt. One possible exception is in states - like Texas - where community property laws apply. After separation, any further debt incurred on cards is the responsibility of the individual making the charges. Since the date of legal separation varies by state, soon-to-be-divorced spouses are encouraged to keep accurate records of credit card activity.

Parents in Texas who are going through a divorce and choose what is sometimes called "birdnesting" or "nesting" as a child custody arrangement might wonder how long they should keep the schedule in place. Nesting refers to when the children live full time in the family home while their parents take turns staying with them there. The rest of the time, parents live elsewhere, usually in a shared apartment. Most experts say this setup should not last more than three to six months.

Nesting can be a good way to offer children stability as they adjust to their parents' divorce. However, as it goes on, they might start to think the arrangement means a reconciliation is likely. Sharing homes can also be difficult for parents even if the divorce is relatively amicable and could start to create conflict.

The simple mention of a prenuptial agreement to a soon-to-be-married individual or his or her family is likely to bring a charged reaction. For many in Texas, it seems inappropriate, at the very least, to initiate a discussion regarding the potential for the failure of a marriage before it has had the opportunity to begin. At worst, it signals the inevitable doom of the union. However, understanding exactly what a prenup is and isn't can provide some perspective.

According to most legal relationship experts, the most common myth about prenups is that they exist solely to protect one spouse's existing wealth. While that issue is certainly a common one, a prenup can address all marital assets. Many times where couples have had a prior marriage with children, the prenup addresses the care of the existing family. Generally speaking, a prenup can address almost any issue, but it cannot circumvent issues of public policy, such as child support.