Houston Business and Family Law Blog

Perhaps one of the greatest concerns you may have as you prepare for your divorce is whether you will be able to survive financially on your own. Even couples who have been married only a few years quickly come to depend on each other's salaries, and those who have been together for decades may have an especially difficult time learning to manage on one income.

This is why a fair equitable division of marital assets is so important. By receiving a fair share of your joint assets and debts, you have a better chance of making a smooth transition into your new life with fewer struggles. However, a fair division of assets will not be possible if your spouse is hiding assets from you.

While the common perception is that mothers in Texas and around the country are far more likely to be awarded primary physical custody of their young children by a family law judge, this has been changing in recent years. Most courts now believe that having equal access to both parents is in a child's best interests after the divorce has been finalized. However, it may come as a surprise that many courts still grant at least partial custody to fathers who have been accused of domestic violence or child abuse.

In one Maryland case, a mother became concerned when she noticed her toddler acting inappropriately with his younger sibling. After she questioned him, the 4-year-old boy admitted that he had been sexually abused by his father. Shortly thereafter, she and her children relocated to another state to be closer to her family. Eventually, the older child disclosed to a social worker that his dad had abused him as well.

One of the most difficult aspects of divorce for parents in Houston is co-parenting with an ex-spouse. A healthy co-parenting arrangement can help children adjust. While communication is an important element of functional co-parenting, this does not mean parents must carry on in-person conversations if it is difficult for them. They may want to use text, email or even online tools specifically designed to facilitate conversations about custody. Parents should never use their children as messengers.

While there will generally be a custody schedule in place and parents should try to follow it, they should also be flexible. For example, if one parent proposes a fun outing but it is during the other parent's scheduled time, that parent may still want to allow it if it is in the best interests of the child. Parents should try to be consistent in terms of rules and expectations. Many experts say this can make children feel more secure.

Houston couples who are getting a divorce may need to divide a retirement account. Some types of retirement accounts, such as 401(k)s, require a document known as a qualified domestic relations order. To divide an IRA, it is only necessary to submit the divorce decree to the custodian of the IRA.

This process may be less straightforward if the owner has begun taking distributions from the IRA before the age of 59 1/2. In certain situations, this is permitted without a 10% penalty. However, if there is a modification to the account, the penalty is retroactively applied to all the distributions. IRS regulations do not specifically address what happens in the case of a divorce and if splitting it is considered a modification.