What is the Best Interest of the Child Custody Standard?

The following is a guest post on behalf of the Cantor Law Group, a prominent Phoenix divorce firm.

When it comes to determining the custody of a child in a custody proceeding, the courts will typically use the best interests of the child doctrine. This is often used when a married couple chooses to divorce there are one or more children involved or if a child has been born outside of marriage. Using this concept, the court will determine who the child lives with, how much contact the child will have with each parent and whether child support is granted to one of the parents. Continue reading

How Can a Divorcing Parent Help Their Children?

We always hear about mistakes that parents make while going through a divorce. There are many ways to do it wrong and no one does it perfectly.  But instead of focusing on the myriad of things you can mess up when it comes to divorce and your kids let’s change the focus and get some ideas on exactly what you should do.  Pyschcentral.com wrote an excellent post on exactly this topic that I would recommend to you if Continue reading

A Close Relationship With Your In-Laws is Good For Your Marriage…Or Is It?

A 26 year long marriage study by the University of Michigan uncovered some very interesting and surprising facts about the impact that each spouse’s relationship with the in-laws had on that couple’s likelihood of divorce.  This was first reported in the Wall Street Journal.

Impact of Husband’s Relationship with In-Laws

As one might expect, a close relationship between husband and his in-laws (the wife’s parents) was beneficial. The divorce rate for couples in this scenario was 20% lower as compared to Continue reading

Could a Housekeeper Save Your Marriage?

A recent Norwegian study found that in couples who equally shared the housework the divorce rate was 50% higher!  Now before we extrapolate too much from the study, we should note that the study was based on Norway couples only.  Thus, their cultural norms play a significant role in their national divorce rates.

But still, 50% is pretty shocking.

Is Housework the Real Culprit?

The author of the study concluded that Continue reading

The Best Divorce Blog Posts of 2012

Now that 2012 is coming to a close I thought it was time to share my favorite divorce-related blog posts of the year.  Each of these posts is an excellent post on the topic it dealt with and is worth your time in reading. Without further ado, here are the best divorce posts of 2012.

Moving Towards Co-Parenting – A very insightful post by Lee Brochstein about her personal divorce experiences.  This particular post is on improving her relationship with her ex and how much that helped their co-parenting relationship.

Surviving the Emotional Side of Divorce – Great post (it is actually Continue reading

Three Common Mistakes Made by Men in Divorce

Divorce is difficult for all parties involved, including husband, wife and sadly the children. Everyone’s situation is unique but there are some common pitfalls and mistakes that are more commonly encountered by men.  In this post I will explore some of the most common challenging situations and mistakes made by men in divorce cases.

Mistake #1 – Agreeing to Very Bad Financial Divorce Terms

When it is the husband who wants the Continue reading

Common Valuation Issues in Property Division

When dividing property in a Texas divorce you generally use a spreadsheet and fill in values for the major assets and debts.  Then you work on splitting up those assets and debts between the parties to arrive at the percentage split you are seeking.  Sometimes this is 50/50, sometimes it is disproportionate in favor of one spouse or the other. So mechanically it is a fairly straight forward process.  The issues that arise most often are when the spouses disagree over the value of an asset. Continue reading

Disturbing News – California

CBS has reported a very bizarre triple homicide that, assuming it turns out to be accurate, is astounding.   The story goes like this…a husband and wife were going through a contentious divorce, with the most significant part of the case being that the husband felt like he should be entitled to a share of a piece of real estate that wife had inherited.  California law apparently is similar to Texas law in that the real estate was wife’s separate property and husband had no legal claim to it, due to the fact that it had been inherited by wife.

Apparently Continue reading

Can a Child Age Twelve Decide Which Parent to Live With?

I have been asked this question more times than I can count during my career.  More often, it is stated to me as fact, as in “well my child is over twelve, so she gets to decide who she wants to live with.” This belief is based on a misinterpretation of a very real Texas Family Code statute concerning the wishes of a child twelve or older.

Section 153.009

Here is what Texas Family Code Section 153.009 says Continue reading

Alimony – Should Fault Be Considered?

There was a bit of a stir in the media this week when a Utah lawmaker proposed a bill that would give family court judges the authority to consider fault when deciding the issue of alimony in a divorce case. The news reports I have seen are unclear on whether this bill would modify the law to make it permissible for a judge to award alimony solely upon a finding of adultery by the payor spouse, or if it would simply allow the judge who has determined that a spouse is eligible to receive alimony to factor in the bad conduct in determining the amount and duration of the alimony award. Continue reading