A recent Huffington Post article asked family law attorneys from across the country to share some of the most obvious signs that a couple is likely to divorce. The following were the top 8 indicators that a marriage will not last.
1. They give each other the silent treatment.
“It’s a bad sign if a couple bickers and it results in the silent treatment. Sure, fighting is healthy in a relationship but when it turns from playful to serious on a regular basis — and it ends in stonewalling — that doesn’t bode well for long-term success.
2. Their sex life is lackluster.
“This seems obvious and it is. People can go without sex, but the bottom line is that we are living creatures and sex is a natural desire.
3. They have very little in common.
“While it’s true that opposites attract, don’t assume that the qualities you fell in love with are going to keep a marriage together. For example, if someone is an extrovert and loves going out until the wee morning hours and the other spouse likes a warm bath at 7 p.m. followed by a glass of milk and a good book, there is no way the couple can sustain this lifestyle distance.”
4. Their careers always come before the family.
“It can be a problem when a partner always puts his or her career above everything else, including the relationship. This tends to be true, regardless of the agreement the couple has come to during the marriage. Even the strongest relationships decay over time when one person puts their career aspirations ahead of the relationship.”
5. They have contempt for one another.
“Eye-rolling, belittling and treating each other with disdain are key indicators that a relationship will eventually disintegrate. While spouses don’t have to always see eye-to-eye to have a happy marriage, they do have to respect each other and appreciate their differences, rather than viewing those differences as being signs that the other spouse is stupid or wrong.
6. They don’t respect each other’s love language.
“Knowing your partner’s love language — being aware of how he or she feels appreciated — is crucial for long-term success in marriage. Although spouses may love each other, they may not feel loved if they have different love languages. For instance, if one spouse shows love by doing helpful things or by buying gifts, but the other receives love through verbal affirmations, loving touch or quality time together, the love may not really be received.”
7. They’re not honest about their spending.
“A marriage is a partnership and each person should be accountable to the other for their family’s finances. When the finances are split, it’s easy for both partners to overspend. A couple can keep separate or joint bank accounts, but when there is no transparency on how money is being spent and saved, it’s nearly impossible to set and reach financial goals like buying a home or planning for retirement. It becomes a growing frustration.”
8. They never fight.
“Many spouses tend to avoid awkward situations and problems by either ‘shading the truth’ or ignoring something that has been on their mind. This leads to resentment. This person is your best friend, confidante and lover. You should be able to say anything to them. You should be able to accept one another’s comments without destroying the bonds of matrimony.
To discuss retaining Erik Larson and Diana Larson to represent you in your Texas divorce or other family law matter, contact us at The Larson Law Office at 713-221-9088.
Who Gets the Dog in a Texas Divorce?
/in Divorce Law, Family Court /by Erik LarsonIn Texas, pets are still considered property. Even though a lot of people treat their pets like their children or family. Texas does not yet recognize this distinction. So, what does that mean if you are getting a divorce? Who gets the dog in a Texas divorce?
Community Property or Separate Property?
The first thing we look at is when was the pet was adopted or purchased. This is because the court needs to determine whether the pet is separate property or community property. If the pet was purchased or adopted prior to the marriage, the pet is most likely going to be the separate property of the party that purchased or adopted the pet.
However, if the pet was adopted during the marriage, then the pet is most likely going to be a community property asset. What that means is that the pet is subject to division by the family court in the divorce. Of course, that doesn’t mean that the court is going to physically divide the pet. It does mean that the pet will be assigned a value and someone will be awarded the pet by the court. Once awarded the pet, that pet will be the property of that spouse after the divorce. That will be the spouse who gets the dog in a Texas divorce.
Texas courts are not necessarily going to do a determination of what is in the best interests of the pet in making this determination. However, some states are starting to look at pets as more than property and will look at the best interests of the pet or who the pet is best suited to be with – much more like a child custody analysis.
Is Pet Visitation Possible?
That brings us to the next question people sometimes ask: Can we have a visitation schedule with the pet. We understand – just because you are getting a divorce does not mean that you don’t want to see the pet that you and your spouse adopted during the marriage. Texas is not currently a state where a court will give you a visitation schedule with a pet. However, that does not mean that you and your spouse cannot reach an agreement to include a visitation schedule for your pet.
It is possible that Texas courts will change the way that they deal with pets in the future, but for now, the courts will only be dealing with whether the pet is separate property or community and then awarding that pet to one party or another. It seems fitting that people often treat their pets like children, so we anticipate seeing more and more people including custody arrangements for pets in the future. These agreements can also be dealt with in a prenuptial or post nuptial agreement if the parties wish to include them. For now, the family pet may be property to the Courts in a Houston divorce, but we all know that pets are way more than property.
For more information about dealing with pet issues in your divorce case, call Diana Larson or Erik Larson at 713.221.9088
Advantages of Filing First for Divorce in Houston
/in Divorce Law, Family Court /by Erik LarsonAre there advantages of filing first for divorce in Houston and other nearby counties? In other words, will you get any benefits from winning the race to the courthouse and filing your divorce petition first?
Yes, there are advantages to be gained by filing first. Most of the advantages yield benefits at the beginning of the case. Sometimes those benefits can affect the final outcome of the case as well.
There can be an advantage for filing your Texas divorce case first. There are a couple of different ways in which it can be advantageous. N0umber one, there’s a time advantage that you can utilize if you are looking to file for temporary orders quickly and you are the first to file.
Timing Advantage in First Filed Divorce
First, there can be a timing advantage if you file first, and if your spouse is unaware of your intentions to file for divorce in Houston, you may have the element of surprise, which is an advantage on your spouse. You can have your spouse served with the petition along with a hearing for temporary orders.
Many times, service of process is completed just a few days prior to the scheduled temporary orders hearing. So, if you are able to preserve your element of surprise, your spouse may have very little time to prepare for the temporary orders hearing when your spouse is served. Contrast that with your comparative high level of preparation if you select the right Houston divorce lawyer.
Psychological Advantage for Filing for Divorce First
There is also a psychological advantage that can come into play when you’re the one that has your stuff together, you are the one who is organized and aggressive, and you file your Houston divorce case first.
When you are the person making the decisions, when you are the one taking the initiative and moving the ball forward, your spouse may be on his or her heels and unprepared. This can be a significant psychological advantage for you for negotiating a settlement and preparing for litigation.
If you have any questions about filing your Houston divorce case, give Erik and Diana Larson a call at 713-221-9088.
Provisions in a Texas Prenuptial Agreement
/in Divorce Law, Family Court /by Erik LarsonToday we are going to discuss some of the provisions in a Texas prenuptial agreement. A prenuptial agreement is an agreement you enter into prior to getting married dealing with property, spousal support and other financial issues.
Eliminating Community Property
One of the first issues that typically comes up in premarital agreements is whether or not you are going to have community property during the marriage. You can use a prenuptial agreement to eliminate future community property in a prenuptial agreement. This means that during the marriage you keep everything separate between the two spouses, so that there is no creation of the community property in the marriage. Each spouse only owns their own separate property during the marriage. This obviously makes it easier to divide property in the event of a divorce.
Temporary Spousal Support
Another issue that frequently comes up in prenuptial agreements is whether or not you are going to have alimony or temporary spousal support. You can provide for a certain amount of agreed temporary spousal in the event of divorce or you can eliminate alimony altogether by agreement.
Establishing a Household Account
Additionally, something that arises often in premarital agreements is whether you are going to have a household account. Are you going to set up a fund to pay for the mortgage and daily expenses that you incur during the marriage? And how are you going to fund that? How are you going to divide that account or who gets it upon a divorce?
Infidelity Clauses
You can also include an infidelity clause. If there is infidelity – if somebody cheats in the marriage – what is going to happen in that situation? Meaning that you have a greater share of money or property awarded to the “innocent spouse” if adultery is established.
Award of Marital Residence
You can also deal with what is going to happen to the marital residence upon a divorce. Who is going to live there during the divorce process, and how long does the other party get to stay in that house? Does the house eventually get sold on the open market or does the home get awarded to one of the spouses in the divorce?
In a prenuptial agreement, you are basically outlining what will happen upon a divorce. It may sound like you are starting a marriage with discussing what’s going to happen upon a divorce, but those things can give certainty. This can also reduce anxiety because the agreement ensures that everybody’s on the same page in the event of a divorce.
These are just some of the provisions that you can consider in a prenuptial agreement. If you’re looking to enter into a prenuptial agreement or you need one reviewed, feel free to reach out to The Larson Law Office. We can be reached at 713.221.9088.
How Long Does It Take To Divorce in Houston?
/in Divorce Law, Family Court /by Erik LarsonOne question that we often get is — How long does it take to divorce in Houston? From the very beginning to the very end.
Let’s start with the quickest possible time to finalize a Houston divorce under Texas law. Texas has a 60 day waiting period before any agreed order of divorce can be finalized. The waiting period begins to run on the day that the Original Petition for Divorce is filed with the court. The waiting period is a cooling off period provided by the Texas legislature.
So, the soonest that an agreed divorce can be finalized in the Houston area is 61 days. The first thing that needs to happen is that a divorce petition must be filed to start the 60 day clock. Once this occurs, your spouse must either be served by service of process, or your spouse must sign and complete a waiver of service of process that must be filed with the Court.
Of course, finalizing the terms of a divorce within this 60 day period is going to require an agreement on the division of property, liabilities, as well as child custody and child support issues, if children are involved. So, an agreement on these issues has to be reached by the parties if you want to finalize the divorce within 60 days of filing Then a final and fully signed decree of divorce can be entered with the court after the waiting period expires.
If you do not have an agreement with your spouse on these issues, it is unlikely that you will be able to finalize your divorce within 60 days. In this event, you should anticipate needing to either go to mediation for assistance in reaching an agreement. Or it is possible that you may end up going to court so that a judge can resolve your differences for you.
If you need help filing for divorce in the Houston Area, you can reach Diana Larson or Erik Larson at 713.221.9088.
H Texas Magazine Taps Larsons as 2018 Top Family Lawyers in Houston
/in Child Custody Law, Divorce Law, Estate Planning Law, Family Court /by Erik LarsonCongratulations to Firm partners Diana Larson and Erik Larson for each being selected to H Texas Magazine’s 2018 list of Houston’s Top Family Lawyers.
In its November 2018 issue, H Texas Magazine states that it compiles its list of Top Lawyers in Houston based on “nominations from clients and peers as well as rigorous background checks.”
To contact Diana or Erik about retaining them to represent you in your divorce or child custody case, contact them at (713) 221-9088.
Year-End Estate Planning Tips
/in Estate Planning Law /by Erik LarsonThe end of the year is a popular time for people to either update their estate planning, or to finally get a Will done! Over the next few weeks, we will be posting tips on how to avoid common estate planning errors. The first two are below.
Not Updating Beneficiaries
Failing to name a contingent beneficiary on retirement accounts and insurance policies is a very common mistake. If you fail to name a beneficiary, the result can mean that the proceeds likely will default to your estate. This means that an asset that would have passed without probate, would now be subject to probate. Also, neglecting to remove a former spouse on these accounts can have significant negative consequences.
Failing to Address Guardianship of Minor Children Who Are Beneficiaries
Who will handle the money and assets for the minor children? And for how long – until they are 18, 25, 30 years old? Do you need a Trust to help in these determinations? What are your wishes about who should raise your minor children if you pass when they are still small? You should make those wishes known in your estate planning to avoid costly litigation later.
Our family law firm can help you answer any questions or concerns you may have over updating your will. Call Erik or Diana Larson today to discuss your estate planning needs at 713.221.9088.
Diana Larson and Erik Larson Receive 2018 AV Preeminent Rating from Martindale-Hubbell
/in Business, Child Custody Law, Divorce Law, Estate Planning Law, Family Court /by Erik LarsonThe Firm congratulates Diana Larson and Erik Larson on each receiving a 2018 AV® Preeminent™ rating from Martindale-Hubbell Peer Review Ratings.
An AV® Preeminent™ Rating “is a testament to the fact a lawyer’s peers rank him or her at the highest level of professional excellence.” This distinct achievement of professional excellence is earned through a strenuous Peer Review Rating process, which places Diana Larson and Erik Larson among the elite of fellow legal professionals.
This is also Mr. Larson’s 15th consecutive year to receive an AV® Preeminent™ rating from Martindale-Hubbell Peer Review Ratings, since 2003.
Martindale-Hubbell has been conducting peer-review ratings for over 100 years to identify and recognize lawyers with the highest legal ability and ethical standards. Lawyers are rated by their peers — attorneys and judges — in the categories of legal knowledge, analytical capabilities, judgment, communication ability and legal experience as well as a high level of ethical standards.
For experienced and high quality legal representation in divorce and family law cases, contact The Larson Law Office today.
Is Divorce Bad For Children?
/in Child Custody Law, Divorce Law, Family Court /by Erik LarsonA recent Scientific American article found that divorce may be painful initially for children, but that most kids adjust well over time. Researchers have found that only a relatively small percentage of children experience serious problems in the wake of divorce or, later, as adults. The article concludes that divorce affects most children in the short run, but research suggests that kids recover rapidly. Taken together, the findings suggest that only a small percentage of young people experience divorce-related problems.
Kids Recover Rapidly
On average, the studies found only very small differences in academic achievement, emotional and behavior problems, delinquency, self-concept and social relationships between children of divorced parents and those from intact families, suggesting that the vast majority of children endure divorce well.
Researchers have consistently found that high levels of parental conflict during and after a divorce are associated with poorer adjustment in children.
Bouncing Back
Even though children of divorce generally do well, a number of factors can reduce the problems they might experience. Children fare better if parents can limit conflict associated with the divorce process or minimize the child’s exposure to it.
Further, children who live in the custody of at least one well-functioning parent do better than those whose primary parent is doing poorly.
The article further found that although divorce is hard and often extremely painful for children, long-term harm is not inevitable. Most children bounce back and get through this difficult situation with few if any battle scars.
H Texas Magazine Selects Larsons for 2017 Houston Top Family Lawyers List
/in Business, Child Custody Law, Divorce Law, Estate Planning Law, Family Court /by Erik LarsonCongratulations to Firm partners Diana Larson and Erik Larson for each having been named to H Texas Magazine’s annual list of Houston Top Family Lawyers for 2017.
In its July 2017 issue, H Texas Magazine states that it compiles the list of Top Lawyers in Houston based on “nominations from clients and peers as well as rigorous background checks.”
To contact Diana or Erik about retaining them to represent you in your divorce or child custody case, contact them at (713) 221-9088.
8 Signs A Marriage Will Not Last
/in Child Custody Law, Divorce Law, Family Court /by Erik LarsonA recent Huffington Post article asked family law attorneys from across the country to share some of the most obvious signs that a couple is likely to divorce. The following were the top 8 indicators that a marriage will not last.
1. They give each other the silent treatment.
“It’s a bad sign if a couple bickers and it results in the silent treatment. Sure, fighting is healthy in a relationship but when it turns from playful to serious on a regular basis — and it ends in stonewalling — that doesn’t bode well for long-term success.
2. Their sex life is lackluster.
“This seems obvious and it is. People can go without sex, but the bottom line is that we are living creatures and sex is a natural desire.
3. They have very little in common.
“While it’s true that opposites attract, don’t assume that the qualities you fell in love with are going to keep a marriage together. For example, if someone is an extrovert and loves going out until the wee morning hours and the other spouse likes a warm bath at 7 p.m. followed by a glass of milk and a good book, there is no way the couple can sustain this lifestyle distance.”
4. Their careers always come before the family.
“It can be a problem when a partner always puts his or her career above everything else, including the relationship. This tends to be true, regardless of the agreement the couple has come to during the marriage. Even the strongest relationships decay over time when one person puts their career aspirations ahead of the relationship.”
5. They have contempt for one another.
“Eye-rolling, belittling and treating each other with disdain are key indicators that a relationship will eventually disintegrate. While spouses don’t have to always see eye-to-eye to have a happy marriage, they do have to respect each other and appreciate their differences, rather than viewing those differences as being signs that the other spouse is stupid or wrong.
6. They don’t respect each other’s love language.
“Knowing your partner’s love language — being aware of how he or she feels appreciated — is crucial for long-term success in marriage. Although spouses may love each other, they may not feel loved if they have different love languages. For instance, if one spouse shows love by doing helpful things or by buying gifts, but the other receives love through verbal affirmations, loving touch or quality time together, the love may not really be received.”
7. They’re not honest about their spending.
“A marriage is a partnership and each person should be accountable to the other for their family’s finances. When the finances are split, it’s easy for both partners to overspend. A couple can keep separate or joint bank accounts, but when there is no transparency on how money is being spent and saved, it’s nearly impossible to set and reach financial goals like buying a home or planning for retirement. It becomes a growing frustration.”
8. They never fight.
“Many spouses tend to avoid awkward situations and problems by either ‘shading the truth’ or ignoring something that has been on their mind. This leads to resentment. This person is your best friend, confidante and lover. You should be able to say anything to them. You should be able to accept one another’s comments without destroying the bonds of matrimony.
To discuss retaining Erik Larson and Diana Larson to represent you in your Texas divorce or other family law matter, contact us at The Larson Law Office at 713-221-9088.