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San Antonio Family Law Blog

Dissolution of marriage is (mostly) the same for same-sex couples

Same-sex marriage has been legal in the United States since the U.S. Supreme Court ruled it as a constitutional right in 2015. With the legalization of same-sex marriage came the reality of same-sex divorce. Like many heterosexual married couples, couples in a same-sex marriage sometimes find themselves in a situation in which divorce is the best option for both parties.

According to the Buffalo Law Journal, the process for same-sex divorce is essentially the same as the process for those in a more traditional marriage.

Custody and children's emotions can be hard to navigate

When parents go through the dissolution of a marriage, they may become so wrapped up in their own affairs that they neglect their children's emotional needs. Unfortunately, this can make the inherently tough situation of divorce even harder for the children, especially when child custody may become a source of conflict. Fortunately, a couple of tips may help divorcing parents to make the divorce process easier for their children in San Antonio.

First, it is a wise move for parents who are getting divorced to be honest with the children about the divorce. At the same time, it is not necessary to provide too many details about their marriage. Instead, it is best to stay focused on the issues that will likely be on the children's minds going forward, such as if they will have to change schools or move as a result of the divorce.

Separating bank accounts may not help during divorce

Sometimes, financial experts tell their clients to separate their earnings during their marriage, as this may help them to avoid conflict. However, even if two people in San Antonio decide to create and maintain separate bank accounts, they may still have to share their money if they get a divorce. Here is a glimpse at how the state of Texas handles property division during divorce proceedings.

Texas follows the community property standard -- a standard to which only a few states adhere. Based on this standard, two people who decide to divorce in the Lone Star State must split their earnings 50/50 as part of the property division process. This means that, even if they kept their money separate, they must still split it equally if the money was acquired over the course of the marriage.

Wise parents focus on child's emotions when tackling custody

When parents go through divorce, one of their biggest areas of concern is meeting the needs of their children. Specifically, they can easily become consumed with the issue of child custody. Here is a look at how parents can help their children to do as well as possible emotionally, following their divorce in San Antonio.

First, it is critical that the children of divorcing parents spend equal amounts of time with both parents. This is best achieved if the two parents live within 20 minutes of each other. The active presence of both parents in the lives of the children will give the children more stability and create less resentment, as the children may not be forced to sacrifice time with friends or activities just to spend time with the non-custodial parent.

Divorce rate drops among millennials

Research shows that members of the millennial generation in San Antonio are not getting divorced at the same rate as their parents did. In fact, this generation has fueled a 24% drop in the divorce rate since 1981. Experts predict that this decline will only continue during the next few decades.

Part of the reason for the drop in the divorce rate is that millennials are fearful about experiencing a marital breakup. This may be because they saw their parents get divorced and would like to avoid having unstable marriages themselves. To achieve this, they may be quick to date or have sex with other people, as well as cohabitate with their romantic partners, while being slow to actually tie the knot.

Millennials are more likely to get prenuptial agreements

While millennials tend to get hitched later in life than previous generations, many are coming to marrying age. According to a survey conducted by the American Academy of Matrimonial Lawyers, 51% of lawyers report an increase in the number of millennials getting prenuptial agreements. This generation now accounts for the largest population requesting prenuptial agreements.

Millennials may be more likely to get prenups for a variety of reasons. These reasons may be related to different generational attitudes and financial realities. This in turn is affecting what their prenups cover. Here are a few things that differentiate millennial prenuptial agreements:

Divorce can have long-term impact on financial situation

When people get divorced in San Antonio, it is natural for them to be concerned about their finances. The reality is, the decisions made during divorce can have long-term implications -- good or bad -- for an individual's financial situation after the divorce. Fortunately, a few tips may help divorcing individuals to make wise financial decisions that will help them in the long run.

First, after filing for divorce, individuals may want to check their credit scores right away, as this will give them an idea of what their buying power will be in the immediate future. It will also give them a glimpse at any outstanding debt they have, which may come into play during the property and debt division process in their divorce proceedings. Checking credit scores every quarter is generally a good idea for any divorcing individual who specifically would like to improve his or her scores.

Tackling emotional, practical aspects of divorce poses challenges

Going through a marital dissolution is far from a simple process due to its complex emotional and practical aspects. This is the case even if two spouses were married for just a few years versus a few decades. Still, a handful of steps can help with navigating even the most complicated divorce proceedings in San Antonio.

For starters, it may be helpful for people to view their divorce proceedings as opportunities to grow, rather than as annoying hurdles to get over. However, it is important that they are patient themselves, as dealing with the grief that comes with divorce can certainly be challenging. During the divorce process, it is wise for individuals to also ensure that they are sleeping enough and staying hydrated, as this will give them the energy necessary for navigating the process from start to finish.

Certain factors contribute to higher divorce rates in some states

According to researchers, the rate of marital dissolution is nearly 50% across the United States. However, certain areas appear to feature higher rates of divorce than others do. Here are a few factors that contribute to higher or lower levels of divorce in various areas, including San Antonio.

First, the more stressful that life appears to be in a state, the greater one's chances of getting divorced there. Why? Because when people feel pressure related to their family situations, money or their jobs, this pressure can have an adverse impact on their relationships. When it comes to student loan debt in particular, states with lower levels of this type of debt have smaller divorce rates.

Getting organized early can improve your divorce outcome

There are many factors that can influence the outcome of your divorce, and the divorce process can present a variety of challenges. Because some aspects of your divorce will be out of your control, it can be beneficial to make the most of the elements you can control.

Your organization is one aspect of the divorce process that you can control. Although being organized may seem trite, it can have a surprising number of benefits, especially when done early in the divorce process.

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Law Office of George C. Ruiz, PLLC
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