Prater, Ridley & Llamas – Attorneys at Law Temple Family Law Attorneys | Prater, Ridley & Llamas - Attorneys at Law2024-02-09T18:26:43Zhttps://www.prater-ridleylaw.com/feed/atom/WordPressOn Behalf of Prater, Ridley & Llamas - Attorneys at Lawhttps://www.prater-ridleylaw.com/?p=479422024-02-09T18:26:43Z2024-02-09T05:32:53ZEmotional turmoil
Adolescents often experience a range of intense emotions when their parents decide to divorce. Feelings of sadness, anger, confusion and fear are common reactions as they grapple with the dissolution of their family unit. Many teenagers may also harbor deep-seated fears of abandonment or rejection, wondering if they were somehow responsible for their parents’ separation.
It is crucial for divorcing parents to establish a safe and supportive atmosphere where their teenagers feel comfortable expressing their emotions. Encourage open communication and validate their feelings without judgment. Empathy and compassion also go a long way in helping teenagers feel understood and supported during this challenging time. Additionally, divorcing parents should consider seeking professional counseling or therapy to provide teenagers with the tools and coping mechanisms they need to process their emotions effectively.
Disrupted family dynamics
One of the most significant adjustments teenagers face post-divorce is adapting to new living arrangements. Moving between two households can be emotionally taxing, disrupting established routines and causing feelings of instability. Additionally, navigating conflicting parenting styles and rules in each household can further compound stress and confusion for teenagers.
Parents can mitigate the impact of disrupted family dynamics by prioritizing consistency and predictability. Establishing clear routines and expectations in both households can provide teenagers with a sense of stability amidst the uncertainty of divorce. Additionally, divorcing parents should maintain open lines of communication and collaborate on important decisions regarding their teenager’s upbringing. By presenting a united front, parents may help relieve some of the stress and anxiety that comes with juggling two separate households.
Preparing for how the dissolution of the marriage may affect their teenage kids – and remaining vigilant about spotting signs of challenges – can help parents who are going through a divorce to facilitate their teenager’s best interests during this difficult transition.]]>On Behalf of Prater, Ridley & Llamas - Attorneys at Lawhttps://www.prater-ridleylaw.com/?p=479372023-12-05T17:37:56Z2023-12-01T17:09:06ZA divorce is a major shift in someone's life. Not only will it change someone's primary relationships, but it will also alter their finances.
Most people contemplating divorce try to approach the process cautiously to reduce the degree of personal risk involved. The right preparation before discussing divorce with a spouse or officially filing documents can make a major difference for an individual concerned about the future. Every scenario is unique, but there are three steps that many people preparing for Texas divorces need to take.
1. Gather financial records
Technically, both spouses have to provide copies of financial paperwork during the discovery process in a divorce. However, it is often preferable to have personal copies of key financial records before the divorce process starts. Bank statements, income tax returns and other financial records are important resources for those preparing for divorce in Texas.
2. Establish separate financial accounts
Many spouses share a checking account and even their revolving lines of credit, like credit cards, with their spouses. It's common for people to close and freeze joint accounts in the early stages of divorce. People may struggle to secure new credit lines and open new bank accounts when simultaneously dealing with the other practical challenges related to the divorce filing. Creating a separate checking account and opening a personal credit card can be smart moves for those preparing for divorce in Texas. People will still need to disclose any marital income that they used to fund a separate account for property division purposes, but starting accounts before they file can make the transition to separate finances a bit smoother.
3. Find the right support
People often require outside help as they prepare for divorce. Many people struggle emotionally even if they believe the divorce is necessary. It can take months to get in to see a counselor or therapist, so the sooner someone begins that process, the better. Additionally, people typically benefit from having legal representation during the divorce. Instead of scrambling to find the first available attorney at the last minute, it is often better to begin researching and meeting with professionals before one files paperwork or discusses divorce with their spouse. Taking the time to prepare before a divorce filing can help someone minimize how stressful and disruptive the end of their marriage will be.
]]>On Behalf of Prater, Ridley & Llamas - Attorneys at Lawhttps://www.prater-ridleylaw.com/?p=479162023-06-28T11:00:18Z2023-06-28T11:00:18ZDo people have to share their retirement savings?
One of the most common questions that people have about the division of retirement savings or pension benefits in a Texas divorce is whether those savings are part of the community property pool or if they are separate property. After all, it is typical for people to hold their retirement savings in an account potentially maintained or contributed to by their employer.
What people often fail to understand about property division during Texas divorces is that the ownership paperwork for the account isn't what determines if it is separate property or community property. Instead, the terms of any marital agreements the spouses have signed and the dates when someone made contributions to the account will be what ultimately determines if that property is subject to division in the divorce or not.
The amounts deposited during the marriage are often subject to division in the divorce unless people specifically agreed ahead of time to treat retirement savings as separate property should the couple divorce. The same rules generally apply to pensions, including military pension benefits. What people earn during the marriage is potentially subject to division in the divorce proceedings. In fact, the dependent or lower-earning spouse may even be able to claim Social Security retirement benefits based on the other spouse's income and contributions.
Those who understand the rules that govern the property division process during Texas divorces will have an easier time pushing for a fair outcome and will have an easier time planning for their financial future as well.]]>On Behalf of Prater, Ridley & Llamas - Attorneys at Lawhttps://www.prater-ridleylaw.com/?p=479152023-04-26T13:49:17Z2023-04-26T13:49:17Zfield sobriety tests. The idea is that a police officer can observe a suspected drunk person perform challenging physical stunts and determine if they are legally intoxicated. While controversial, field sobriety tests are standard parts of police traffic stops in Temple and across the country.
What if I refuse to do field sobriety tests?
In the moment, with the officer standing over you as their squad car's lights flash, it might not seem like you have a choice but to comply with the officer's "order" to do field sobriety tests. But actually, you do. That's because field sobriety tests are voluntary in Texas. Unlike the roadside breath test or the blood alcohol content tests performed at the police station, no implied consent law applies. You cannot get arrested or even have your driver's license suspended solely for refusing field sobriety testing.
Whether you choose to do the tests or not is up to you. Remember, their point is to help the officer gather evidence against you so that they have probable cause to make an arrest. The officer might arrest you for DWI anyway, but generally, you are under no obligation to incriminate yourself. On the other hand, if you are sure you are below the legal limit, you might choose to demonstrate this by cooperating with the tests.
You cannot control whether you get arrested on DWI charges, but you can control what you do about it. This includes working with a defense attorney to fight for your civil rights and work toward a fair resolution.]]>On Behalf of Prater, Ridley & Llamas - Attorneys at Lawhttps://www.prater-ridleylaw.com/?p=476992023-01-19T21:38:37Z2023-01-19T21:38:37Zchild custody matters -- the lies, manipulation, emotional abuse and so on. True co-parenting and the partnership that it implies can simply be impossible.
Four strategies for custody sharing with a narcissist
If you share custody with a narcissist, parallel parenting might be the answer. This is a form of parenting after divorce where the parents interact with each other as little as possible. Here are some tips for parallel parenting with a narcissist:
Your ex will probably spread lies about you, such as accusing you of parental alienation. Don't give into the temptation to defend yourself against every rumor. Letting it go is probably the healthier choice if it does not involve your children or your job. Consider if friends and relatives who are willing to believe the worst about you need to be in your life anymore.
Limit avenues of communication with your co-parent to one or two, such as a separate email account or texting app. Better yet, use a court-approved smartphone app could be monitored by the court. Overall, keep your communications in writing as much as possible.
Do not try to reason or compromise with your ex. They might try to take any compromises you make on the custody schedule against you in court later. If it isn't in the order, don't agree to it.
There will be times when you must get in touch or respond to something your ex wrote or said. Try the NEB (Necessary, Emotionless, Brief) technique. Before saying anything, ask yourself if it's really necessary. If it is, keep what you say emotionless and stick to the facts, no matter how your ex is making you feel. And keep the message as brief as possible to give your ex little opportunity to twist your words or draw you into a fight.
Parenting after divorce is always a challenge, but especially so when your co-parent is unable (or unwilling) to work with you for the good of the children. But it is possible with a comprehensive and carefully negotiated custody plan in place.]]>On Behalf of Prater, Ridley & Llamas - Attorneys at Lawhttps://www.prater-ridleylaw.com/?p=476932022-10-21T17:55:32Z2022-10-21T17:55:32ZExpunction
Expunction is also known as expungement. It means the court has erased your criminal record as if it never existed. There is no way for any government agency, potential employer, landlord or anyone else can access an expunged criminal record in a background check.
Texas' eligibility laws for expunction are very strict compared with other states. The only things you can ask to get expunctioned are arrests for Class C misdemeanors that do not lead to a conviction. This includes cases where the charges were dropped or where the defendant underwent deferred adjudication. Class C misdemeanors are the lowest-level offenses in the criminal code. They include crimes like public intoxication, disorderly conduct, shoplifting and traffic tickets. Any crime that carries a potential jail or prison sentence cannot be expunctioned, even if you were never convicted.
Non-disclosure order
A non-disclosure order is a type of record sealing. A sealed criminal record is shielded from most background checks. For most practical purposes, it should help you as much as an expunction. However, your record is not totally erased. Law enforcement and other government agencies can still access it.
More arrests, convictions and deferred adjudications are eligible for a non-disclosure order, with several exceptions, such as:
Murder
Human trafficking
Child abandonment or endangerment
Stalking
Consulting with a defense attorney who practices post-conviction relief can help you understand which one you should pursue. With your record expunged or sealed, you can move on with your life.]]>On Behalf of Prater, Ridley & Llamas - Attorneys at Lawhttps://www.prater-ridleylaw.com/?p=475842022-07-18T06:16:32Z2022-06-22T16:20:51ZCredit card debt and community property laws
Since Texas is a community property state, any debt you or your spouse accumulated during your marriage can be shared debt – and that can include credit card debt. That means you and your spouse can be equally liable for any:
Credit card debt that is in your name
Credit card debt you cosigned for (even if you don't jointly own it)
Credit card debt your spouse incurred during your marriage (regardless of if you cosigned or had your name on the account)
However, these rules can come with exceptions. For example, a judge could require you to pay down credit card debt in your spouse's name. However, that can depend on what they used the credit card for. The same rule can apply to your spouse. Even if the credit card debt is in your name only, they could be responsible for it if a judge assigns the debt to them.
Credit card companies can complicate things
While judges can assign credit card debts, it typically doesn't change who owes the debt to your credit card company. If your spouse doesn't pay the debt they accumulated on your card, your credit card company may resort to collection efforts if you aren't making the required monthly payments. At the same time, there are some cases where you can transfer debt your spouse accumulated on your card onto their card. Some credit card companies allow customers to transfer balances from one card to another, even if the other card isn't in your name. However, this usually only works when both parties agree to this type of transaction.
The process can be ongoing
Dividing credit card debt can create additional challenges during your divorce. While courts can approve debt repayment agreements, parties may request adjustments to previous negotiations amid life changes and other significant events. There are additional steps you can take to protect your finances during renegotiations and ensure your considerations are still taken into account.]]>On Behalf of Prater, Ridley & Llamas - Attorneys at Lawhttps://www.prater-ridleylaw.com/?p=475812022-07-18T06:16:39Z2022-04-25T18:18:21ZWhat is the valuation process?
The couple generally must decide between three paths when determining the distribution of the business after divorce. They could sell the business and split the profits, one spouse could buy out the other, or they could continue to run the business together post-divorce. To facilitate the decision, the couple must arrive at an accurate valuation of the business before the taking the next step.
A business valuation can follow many methods. The value could be based on the current comparative sales price, the future value based on a history of profits, the current value based on assets and intellectual property, or any number of methods. Part of the problem with an online business, is the valuation cannot depend on physical assets such as a storefront, warehouse, commercial property or company vehicles that a brick-and-mortar organization might rely upon. This can add some challenges to the valuation of a strictly digital business.
Whether the business has a physical presence or exists only online, it is likely that the couple have poured significant resources into developing the brand identity, cultivating a customer base and crafting vendor relationships. The divorcing couple must carefully navigate the legal process when dividing the online business to reach a successful compromise.]]>On Behalf of Prater, Ridley & Llamas - Attorneys at Lawhttps://www.prater-ridleylaw.com/?p=475612022-07-18T06:16:45Z2022-03-14T21:50:38ZIsn’t income a reflection of who can provide better care for your children?
Not necessarily. Someone who earns a large income may be very busy and home rarely, while someone who earns less may have been the stay-at-home parent or main caregiver during the marriage.
This kind of situation is why the courts don’t necessarily consider income as the main deciding factor in a custody case. There are income supports, such as spousal support and child support, which can make even a lesser-earning parent’s home more comfortable and safe for children, so income alone isn’t enough to make a determination on child custody.
Child custody orders focus on what’s best for your children
Most children benefit from seeing both of their parents regularly. For that reason, in normal, healthy custody scenarios, no parent is really at a disadvantage. However, the court will want to see that both parents can provide a safe, stable home environment for the children. If one parent is abusive or treats the other parent badly, then the court may consider custody orders that minimize the risk of the children seeing negativity or being harmed.
When you work on your custody case, remember that showing that you’re supportive of your children, can provide for them and want to be in their lives is important. Your income won’t be a sole determining factor, so you can relax knowing that income isn’t everything in this case.]]>On Behalf of Prater, Ridley & Llamas - Attorneys at Lawhttps://www.prater-ridleylaw.com/?p=475602022-07-18T06:16:50Z2021-11-03T16:09:40Zget the arrest record expunged.
When can a DWI be expunged?
If you are not convicted of a DWI, then the arrest and other information may be expunged in some cases. You may be able to get the DWI expunged if:
The case was dismissed
Your first DWI happened when you were a minor
You were found not guilty
You appealed the court’s decision and won
The case was deferred so that you could complete probation (this may allow you to file for a petition of nondisclosure)
If your attorney agrees that your case may be expunged, then you will need to petition the court. The court will decide if you can get an expunction. If so, then you will need to file an expungement order with any necessary parties.
A nondisclosure for DWIs is a little different, but it has been allowed since 2017 for all people who qualify. Nondisclosure allows your records to be sealed, but you need to show that you qualify based on being a first-time offender, having a BAC below .15% or by meeting other requirements.
It’s important to fight the DWI from the moment you know you’re accused. If you can avoid a conviction, you will have a better chance of removing information about the arrest from your record.]]>