Smart Divorce in Texas

New Year

2012-01-23T21:41:00.001-06:00

Here's a double double wish for a Happy New Year. Not only is it after 1-1-12, but the Chinese New Year is today. This is the Year of the Dragon. The symbol Dragon in the East is not a threatening evil as is in the West. The Dragon to the Chinese is a symbol of among other things, power. Now, not all of us have been born in the year of the Dragon. But, I think it would be empowering to think about the qualities of the Dragon and take that feeling of power and infuse it into your thinking about divorce.

How to do that, to have "power" in your divorce? One way is to choose to divorce using Collaborative Law. Collaborative Law is a process that I have been doing for 10 years. It is interdisciplinary. That means that in addition to having an attorney and your spouse having an attorney, there is also at least a neutral communications facilitator and maybe a financial specialist and/or child specialist. The professional team guides your case along in a way that will maximize results for you and your children. There is a lot more to say about this fantastic process and I would love to tell you about it if you come see me.

What does Collaborative Law have to do with power? In Collaborative Law you and your spouse contract to do your divorce outside of the court system. That means that you and your spouse are able to design your divorce on your own timetable, in private, not at the courthouse and you utilize neutral specialists as needed. It is the most powerful and empowering way to divorce bar none.

For Smart Divorce in Texas

Diane M. Wanger
817-285-2855

Does Your Life Reflect Your Values?

2011-10-13T10:01:00.001-05:00

I was flying back from vacation, flipping through the audio tracks and came across a talk show where the lady was saying "you can't be living a rich life and living someone else's values". Oh how true.

Many times when people see me about a divorce they are far from taking that final step to start the divorce process. They are still trying to understand what divorce will mean to their lifestyle. Sometimes I see people fixating on appearances, status and material things and not focusing on their own happiness and mental well-being.

If you can have a peaceful evening with the children that is carefree and "fun" it goes a long way to making up for living in a smaller place or having to be more careful about money. Your children really just want mom and dad. They adjust to physical surroundings far quicker than we give them credit for.

Are you living a life in accordance with your values? Do you even know what your values are? How is your life going to change if you get a divorce? If you're contemplating divorce I would recommend searching your deepest thoughts and feelings about this issue.

A rich inner life beats a rich external life any day.

For Smart Divorce in Texas

Diane M. Wanger
Board Certified Family Law Attorney

www.texasfamilylaw.info

817-285-2855

What Is Collaborative Divorce, Collaborative Law?

2011-10-13T09:38:00.001-05:00

Collaborative law is an interdisciplinary divorce process defined by statute in the State of Texas. It is for people who are unable to negotiate and agree to divorce terms on their own but who wish to settle the case outside of court. This process also allows each spouse to have their own legal advocate as well as neutral professionals that strives to guide the parties to a legal, financial, emotional and fair result that protects their interest. The most definitive aspect of collaborative law is that the professionals that are involved in a collaborative law case do not participate in litigation.

Collaborative law is an approach to divorce whereby both parties commit to wanting to settle their case outside of the court process. The case proceeds by a series of meetings in offices, not at the courthouse. In addition to each party having a collaboratively trained attorney, there is generally one mental health professional who is part of the team working in the role of a family communication specialist (not a therapist). Often there is also a financial specialist whose role is to make sure everyone understands the financial estate and economic repercussions of any settlement.

While the collaborative lawyers are advocating on behalf of their clients within the process, the specialist(s) role is a neutral one. It is exceptionally helpful for people to make decisions about their case when they feel that they are getting neutral information. While it may seem expensive to have so many professionals as part of the divorce process, there are many tasks that the professionals can do, that the attorneys then don't have to do. When that happens, you are paying one person at a lesser hourly rate to do a task that normally two attorneys would perform. That saves money. The cost of a collaborative law compares favorably with a moderately litigated case and allows the parties to maintain control.

In collaborative law the process is very scripted and it is easy to know at any point in the process where you have been and where you are going. While not for everyone, collaborative law is a fantastic choice for people who want a truly custom divorce that is respectful and forward focused. Collaborative law is a niche product. There are attorneys who advertise the process, but they neither believe in it, nor are they skillful at it.

If you're interested in more information about the Collaborative Law Process for your divorce and you live in the DFW, Texas area call my office for an appointment (817-285-2855). Also, Collaborativepractice.com and Collablawtexas.com are great websites that can explain more about the process. I suggest reading through those sites before even seeing an attorney.

For Smart Divorce in Texas
Diane M. Wanger
304 Harwood Road
Bedford, Texas 76021www.texasfamilylaw.info

817-285-2855

Why You Need a Counselor during Divorce

2011-10-08T15:39:00.002-05:00

Divorce-the act of disconnecting your identity from that of another person.

It's is a pretty major move when we talk about changing our identity. It can be unsettling for the person who is affirmatively seeking divorce. For the person to whom divorce is the farthest thing from their minds, it can be downright frightening and gut wrenching. Really, isn't it hard enough to figure out who "we are" beyond the roles that we play of spouse, parent, co-worker. How much harder then is it to try to figure out who we will be when the divorce is final. Our roles do change with divorce. How they will change is not so easily perceived when we're in the middle of the divorcing process. This uncertainty of identity/roles can lead to making decisions during the divorce that do not always serve our highest interest. How can we make an informed, well thought out decision when we see our old life slipping away under someone else's control?

One of the reasons I suggest counseling to my clients is that a good counselor is able to help put events in perspective, provide coping mechanisms, help you craft the identity that you want after divorce. Doesn't the idea of a knowledgeable professional or two being on your team to get you from point A to point B sound attractive? Not only do you not have to do it alone, you will likely do it with less heartache for you and your children with knowledgeable professionals helping you. Divorce in the best of circumstances is a difficult process to go through.

Please see a counselor. Even before you even file. It is a great thing you can do for yourself and your family and it sets you up for a more successful divorce.

For Smart Divorce in Texas

Diane M. Wanger

www.texasfamilylaw.info

817-285-2855

Divorce and Loss - Divorce and Gain

2011-09-25T22:36:00.004-05:00

Divorce is really a challenge to go through. I like to pass on writings that I find elsewhere that I think are pertinent to someone finding themselves facing divorce. These will not always be related to the law. Here is the first.

A Zen master said, “Now that my house has burned down, I have a much better view of the sky.”

Sometimes when something we thought we needed is taken away, the space reveals riches we were missing because we were distracted by our assumed source of security. . . . We can choose fear or love, with no real options in between. You can go into panic and insecurity, or . . you can relax into security of a higher order than the one we have been trained to depend on. Shakeup can lead to breakup or it can lead to wakeup. Let’s use the experience as a call to remember how we were born to live. Devastation, personally or geographically, is never an end. It is always a means to a greater end. For everything taken away, something greater comes to replace it. Alan Cohen http://www.alancohen.com/articles/betterviewofthesky.htm

By clinging to security we can miss things that we cannot conceive of from where we stand now. Be open to change because you can't always do anything about it.

For Smart Divorce in Texas

Diane M. Wanger (Divorcing people since 1983)

www.texasfamilylaw.info

817-285-2855

Avoid zugzwang in Divorce

2011-08-24T10:15:00.010-05:00

I ran across a new word the other day, zugzwang, that has an interesting application to divorce. The word means "a situation where a player is limited to moves which have a damaging effect". Hmmm. What does that have to do with divorce you might ask? My idea in teaching people how to have a Smart Divorce in Texas is so that they can avoid just that, zugzwang. Although I don't claim to have ever heard of the word until I ran into it the other day, I see the signs of the condition with more regularity than I would wish at the courthouse.

People don't understand that once they are moving toward divorce, whether it is filed or not, every action or inaction they take, every conversation they have with their future ex-spouse, their selection of professionals, all are part of the negotiation of their divorce. Moves should be strategic not haphazard or an emotional reaction "in the moment." You don't want to be two years into a divorce having spent your entire estate on attorneys fees and looking at a choice of possible resolutions of your case that are all your worst-case scenario.

In future posts I will talk more specifically on how to minimize the chance of finding yourself "zugzwanging".

For Smart Divorce in Texas

Diane M. Wanger (Divorcing people since 1983)

www.texasfamilylaw.info

817-285-2855

Paternity Statute Changes in Texas

2011-08-12T18:11:00.001-05:00

There has been a major change in the ability of a father to deny paternity in Texas. Previously if a man did not deny paternity and request genetic testing at the time of a lawsuit concerning paternity of the child, the ability to deny paternity would be lost.

The legislature has now said that a father can deny paternity at any point in time if there has never been genetic testing. Folks, this is a really big. I have heard of statistics that say that 25% of children born in a marriage are not the biological child of the husband. I don't know if that's a true statistic, but this statute now allows a man to deny paternity after a divorce is final. If the results of the genetic testing show that he is not the father he can file suit for that determination and terminate child-support.

For Smart Divorce in Texas

Diane M. Wanger (Divorcing people since 1983)

www.texasfamilylaw.info

817-285-2855

Alimony in Texas Increased

2011-08-06T10:21:00.000-05:00

Wow, just returned from the 37th Annual Advanced Family Law Conference in San Antonio where 1000+ family lawyers converged to stay up-to-date with the law and best practices. Because this was a legislative year, there were a number of changes in the law that dramatically affect family law. Two significant ones were in the area of alimony and paternity.

In the area of alimony there is a huge increase in and the benefits available to spouses under the rewritten alimony statute. The maximum amount of alimony allowed has increased to $5000 up from $2500 or 20% whichever is less. The potential duration of alimony has also increased to 10 years from 3 years based on the length of marriage. The lawyers who worked with the lobbyists in getting the statute changed told us that the purpose behind the statute was rehabilitative in nature. What that means is that the purpose behind the granting of alimony is to provide an opportunity for a former spouse to acquire skills and education immediately after the divorce so as to better be able to support themselves in the future.

There are also new factors that the court can consider in the granting or denying of alimony. One of these that appears quite frequently in my divorce cases is the issue of infidelity. The infidelity factor applies to both the potential payor and payee. There are a number of confusing things about the statute, so it will be interesting to see how the law will actually turn out to work in the courts of Tarrant County.

When you select an attorney, play close attention to their experience in your county with the family law judges. That kind of attention to selecting an attorney contributes to a Smart Divorce in Texas.

For Smart Divorce in Texas

Diane M. Wanger (Divorcing people since 1983)

texasfamilylaw.info

817-285-2855

What is a Smart Divorce in Texas?

2011-08-05T08:31:00.000-05:00

Why did I name my blog for divorce in Texas? Because I wanted to stress that there are choices to be made when going through divorce. We want them to be ones that benefit us over all, in a multitude of areas, financial, emotional, relational. It requires a lot of thought to put together a comprehensive plan of how to divorce that thinks this all through. That is a Smart Divorce.

The way I see my role as a divorce attorney is to lead my client from being married to being single in a way that allows for this inquiry, if that is what is wanted. Come see me and I will show you how.

For Smart Divorce in Texas

Diane M. Wanger

texasfamilylaw.info

817-285-2855

Overwhelmed during divorce? Take little steps.

2011-07-19T10:47:00.000-05:00

When I was in Alaska I took a shuttle up to climb Flattop Mountain which overlooks Anchorage. Why am I telling you this? Well, I used to be in superb shape, both in strength and cardio. The last 3 to 4 years have been an adjustment downwards in ability. Anyway, this hike was an extraordinarily difficult for me, at least based upon the expectations I had for myself. I was constantly wanting to quit. But I didn't. I adjusted by just making my goal little steps-make it up that flight of railroad ties, go just to that rock. That put the task into discrete little parts that seem doable. They all added up to summiting.

Divorce can be like that. Overwhelming, where you just want to quit. Quitting is not an option in the same way that climbing a mountain is. Still, taking one step at a time and then resting is more doable than thinking about the entire task ahead of you.

If you're feeling overwhelmed by your divorce, talk to your attorney or counselor about how to break down the steps into discrete understandable steps. You do have a counselor don't you? That's a conversation for another day -why you need a counselor when going through divorce.

Well, I made it it up and down the mountain eventually-and then I had a 13 mile bike ride back to town. Did I tell you that I was exhausted when I returned?

Oh, did I mention that the weather was in the 60s to 70s? Heaven.

For Smart Divorce in Texas

Diane M. Wanger

www.texasfamilylaw.info

817-285-2855

Alaska is a Cool place to Update Legal Skills for Divorce

2011-07-18T10:18:00.000-05:00

I just got back from Alaska going to continuing educational training on collaborative law. For those that don't know, that is a way of doing a divorce or other dispute, outside of the court system. It is always inspiring to me to see how different people handle the skills necessary to do my job well. Collaborative law more than a traditional practice of law emphasizes the importance of effective communication.

My 28 years of practice shows me that lack of communication skills is a huge contributing factor to marriage breakups. A significant advantage to collaborative law over traditional divorce litigation is that it is interdisciplinary. That means we use for example, mental health practitioners as "family relationship specialists" or "communication facilitators" and financial specialists. This allows many needs divorcing people have to be met in a way that would never be addressed during a more standard divorce process.

I'm really impressed that the collaborative law movement is aware of the cutting edge of science and its relevance to our practice. In October of this year, the International Association of Collaborative Professionals is having the annual forum which I hope to attend. It features as the keynote speaker a Dan Ariely, abehavioral economist. He studies the brain and how it works vis-à-vis decision-making. This is an understanding hugely important in my being able to better serve my clients.

Oh, did I mention that the weather was in the 60s to 70s? Heaven.

For Smart Divorce in Texas

Diane M. Wanger
www.texasfamilylaw.info
817-285-2855

Is alimony in Texas tax deductible?

2010-07-26T17:26:00.000-05:00

The Internal Revenue Code provides that post divorce alimony payments are tax deductible by the paying spouse and taxable to the recipient spouse as "ordinary income." For this reason, it is not uncommon for a negotiated settlement to include the payment of a high amount of spousal support, because such a payment results in tax benefit to the payor. There are some limits to the application, so be sure to check with your tax professional.
For Smart Divorce in Texas

Diane
texasfamilylaw.info

Medical Insurance through spouse's employer after divorce. (Cobra)

2010-07-19T10:40:00.000-05:00

You might be entitled to keep your medical insurance benefits under your former spouse's group plan. The Consolidated Omnibus Budget Reconciliation Act of 1985 created what are commonly known as "C.O.B.R.A." benefits, which are available to the former spouses of people who work for employers who have 20 or more employees.

In general this law provides that employers must offer "continuation coverage" for the first three years after the termination of the marriage. The law further provides that the employer can charge the former spouse for this coverage, but the charge cannot be more than 2% greater than what is charged to employees.

After the three years have ended, the law states that the employer must offer a former spouse the right to purchase "conversion coverage", but there are no limits on how much the employer can charge for this coverage.

The C.O.B.R.A law further provides that the former spouse does not have to pass a physical examination in order to obtain the continuation or conversion benefits. This is significant if you have any pre-existing conditions that might not be covered by another medical insurance carrier.

In order to obtain your C.O.B.R.A. benefits you have to file your application with your spouse's employer by no later than sixty (60) days after the termination of your marriage. If you do not file your application by that date you will not be able to ge t these important benefits.

If you wish to have your C.O.B.R.A. benefits you must contact your former spouse's employer directly and request the appropriate forms. This is not a service that is customarily performed by our office. You must contact your former spouse's employer directly if you want to obtain these benefits.

At the current time, the federal government is subsidizing much of the cost of this continuation coverage.

For Smart Divorce in Texas

Diane

Texas Long Term Alimony/Support

2010-07-09T16:37:00.004-05:00

THIS POST IS NO LONGER REFLECTS THE LAW AS OF SEPT 2011 SEE POSTS AFTER JULY 2011
Where the marriage has lasted more than 10 years, or under some family violence situations and support is needed to meet the "minimum reasonable needs" of the spouse, the court may order alimony/support for up to three years. If a spouse is disabled or responsible for a adult disabled child, the support may continue beyond 3 years. Usually what you will see is a three year order with a review at the end.

For Smart Divorce in Texas

Diane

Temporary Spousal Support or Alimony

2010-07-09T16:26:00.003-05:00

Texas courts routinely order temporary alimony or spousal support (terms used interchangeably) during the pendency of the divorce (from the day of filing the petition until the day the divorce is granted) How much is ordered depends on the earnings and expenses of each spouse as well as which court your case is set in. Where child support is being paid, the guideline level of child support is normally first calculated. Then spousal support is determined.

For Smart Divorce in Texas

Diane (817)285-2855

Happy New Year

2010-01-14T19:59:00.000-06:00

Well, another year has passed. I was reflecting to a client this week how much initial custody determinations have changed since I first started practicing 28 years ago. Back then, it was a given that if you had a stay-at-home Mom (and it was always the Mom) her getting primary custody and temporary use of the house was a given. Not so much the case now. Not that the norm has flip flopped or anything, but the result is determined by the judge who is hearing your case. And these days, the value system and beliefs of the various judges regarding this important issue vary widely. It is important to hire an attorney who practices regularly in the county where your case is. Part of what you are purchasing is a sort of "institutional" knowledge, not purely knowledge of the laws.

If you need more information about child custody in the Tarrant County, Texas area, please call my office for an appointment at 817-285-2855.

From Smart Divorce in Texas

Diane M. Wanger

Holiday Visitation

2009-11-30T18:35:00.001-06:00

Hi. I can't believe that Thanksgiving has already passed. It makes me think that this is the time of year that people begin to have problems with holiday visitations. Please know that if you anticipate some sort of problem that might require court intervention, PLEASE contact a professional now. It takes time to get a case filed and a hearing set and there is not much time until Christmas.

If there is anything that I can do to assist, whether court is needed or not, be call me at 817-285-2855 to schedule an appointment. I have a lot of experience with access issues and together I am sure we can craft of solution.

Diane for Smart Divorce in Texas

What is community property in Texas?

2009-10-08T09:04:00.000-05:00

A common question people ask when they come to see me on an initial divorce consultation is what is community property"?

Community property is all property acquired during the time of marriage, other than by gift or inheritance. But the story doesn't end there. There is a concept in our property laws that allows for mutation of property. On a practical matter, what that means is you might enter the marriage with a house, which is yours separate property, (because you did not acquire it during the time of marriage). Then you might sell that property, and use the proceeds to purchase a vehicle. Even though the vehicle was purchased during the marriage and would appear to be community property, if the proper evidence is presented, the vehicle can be "proven" to be separate property.

Retirement accounts are a common asset which people own either separate property or part separate in part, community property.

If you think you have a separate property claim have a detailed discussion with your attorney or call 817.8285.2855 to see me in Tarrant County, Texas.

For Smart Divorce in Texas

Diane M. Wanger

Welcome to Smart Divorce in Texas/ Child Custody Child Preference

2009-08-13T20:51:00.000-05:00

Hello there. I am excited about talking to you all about Family Law and other interesting things that come up from time to time.

On my mind of late are some recent changes in the law that I'll be talking about over the course of the next few months.

Affidavits of Preference have been repealed by the Texas legislature. That means that in a custody case no longer will you need to get your child to sign a document to say which parent they want to live with. Judges are mandated to talk to the children if requested. I can see that there are going to be many problems with the implementation of this law, not the least of which is the fact that judges are not trained to have these kind of sensitive and potentially damaging conversations with minors. We will see how it develops and I will be sure to report from the field on how it is working.

For Smart Divorce in Texas,

Diane M. Wanger