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San Antonio Legal Blog

Prepare for these disputes in your divorce

When you decide to divorce, you naturally hope that everything goes as planned. But of course, deep down inside, you know that you'll be dealing with a variety of disputes.

There's no way of knowing exactly what will happen as you prepare for divorce, but that shouldn't stop you from considering the types of disputes that could come to light. Here are three to prepare for:

  • Child custody: It's common for both parents to seek physical and legal custody, which results in a serious dispute that can cause a major divide. Prepare by learning more about all types of custody, as well as visitation rights of the non-custodial parent.
  • Division of assets: From your motor vehicles to your bank accounts to your family home, many assets will come into play when you divorce. A property division checklist can help you prepare for negotiations and compromise.
  • Division of debts: Just the same as assets, you need to divide marital debts in a divorce. This takes on many forms, such as credit cards, home equity loans, personal loans and consumer loans. As you prepare, make note of any debts that your spouse brought into the marriage, as you may not be responsible for them.

Childcare responsibilities may play a role in custody decisions

Parents who are battling over child custody matters might find that they can't come to an agreement about how much time the children should have with each adult. This is one of the more difficult tasks that they have to work through because both parents want to have as much time as they can with the kids.

In every decision that's made regarding custody, the best interests of the children must be the priority. This often doesn't make the decision any easier because the time must still be split between the parents. For many parents, coming up with a schedule for the children is a joint effort that's handled through negotiations and compromises. Still, some might have to turn to the court.

We handle semitruck crash cases carefully

Semitruck crashes can lead to significant injuries, and these must be treated appropriately by a medical professional. In many cases, the care is costly. If the trucker was the one who caused the crash, there isn't any reason for the victim to be on the hook for the damages.

We're here to help victims of these tragic wrecks seek the compensation they're due. We know that you need to be able to focus on healing when you're in this position, so we'll handle the legal work while you try to rebuild your life. While we're handling these matters, we'll make sure that you know what's going on with your case each step of the way.

When is pursuing mediation ideal for couples?

Many Texas couples looking for an alternate, more amicable way to resolve their differences have begun pursuing divorce mediation in recent years. While the idea of avoiding a hotly contested courtroom battle may appeal to many divorcing spouses, there are some instances in which mediation isn't the ideal option. It's essential that you know when that's the case.

Both you and your spouse have to be committed to ending your marriage if you want mediation to work for you. If one of you has plans to patch things up and get back together, then you should maybe consult a couples therapist and not a mediator.

Add patience and love to a well-constructed parenting plan

A parenting plan will help you work effectively and efficiently through the tasks associated with co-parenting following a divorce.

Love and patience should accompany the parenting plan you develop so that your children have the support they need to enter a new chapter in their lives.

Speed limits are the maximum safe speed in ideal conditions

When you see speed limit signs on the roads, you must remember that they are based on the top speed that vehicles should travel in ideal conditions. Some drivers view these limits as the slowest that drivers should go, but this is a dangerous way to think. Speeding can lead to serious crashes that can produce catastrophic injuries or fatalities.

One important point to remember here is that you must slow down if the road conditions aren't ideal. This means that you go a little slower if it's raining or foggy. You might even need to slow down to drive at night. It's best to take a little longer to get to your destination if that means you and others on the roads will arrive safely.

Help your teen to adjust to the news of your divorce

Teens who have always lived with both parents are in for a major change if their parents opt to divorce. Unfortunately, there isn't really anything they can do to force their parents to stay together. While it might be a bit easier to help a teen adjust than it is for you to help a toddler understand what's going on, you may still have to help them.

One of the most important things for you to do is to keep the conflict away from them. Teens are very perceptive, so they don't need to be put into the middle of any disagreements. Additionally, they may internalize things, which can make it even more difficult for them to deal with the divorce.

Hours of service violations are serious matters

Trucker fatigue is a potential cause of many semitruck crashes. These drivers travel many miles in the course of a day, but the length of their shifts aren't indefinite. The federal government has set strict standards for how many hours truckers can drive. The hours of service (HOS) regulations also cover how many hours into a shift that involves non-driving hours they're allowed to be behind the wheel of a big rig.

There are two sets of rules. One of these covers truckers who are hauling goods. The other covers commercial drivers who carry passengers. All truckers must keep track of the number of hours they drive. This is done primarily through the use of electronic logs, which have replaced the paper log books of the past. This is a good place to start if there is any question about the trucker's fatigue level or an hours of service violation.

Right of first refusal may grant you more time with the kids

As a parent, you have a right to say what influential individuals play a regularly recurring role in your child's life. While this might be easy enough when you're still in a relationship with the other parent, it isn't as simple if you're divorced. You won't have much of a say about who your child is around when they're with your ex.

There is one way that you can work to prevent your child from being watched by parties other than your ex. You can have a right of first refusal clause put into the child custody documents. This means that your ex would have to give you the option to care for the children before they hire a babysitter or allow the children to spend time with a family member watching them. Just remember that if this clause is in the agreement, it works both ways so your ex would be granted the same privilege.

Can you seek increased child support to pay for private school?

While education is a fundamental need for children in the Lone Star State, the quality of schools varies considerably. Still, your child’s future may depend on the school he or she attends. With Texas private school tuition averaging around $10,000 per year, you may wonder if you can seek increased child support to pay for educational expenses at a nonpublic school.

Texas law requires judges to do what is in the best interests of the child. When it comes to child support, judges typically use a standardized formula for calculating payments. While this approach often requires the noncustodial parent to pay a percentage of his or her income, it does not contemplate private schooling. Nevertheless, if you want to send the young one in your family to a private school, you have a couple of options.