Should You Get a Prenup? Pros and Cons

Should You Get a Prenup? Pros and Cons

prenuptial agreement (prenup) is a contract a couple signs before they get married. An increasing number of couples are signing prenups before they marry, and these contracts are even more popular when couples remarry for the second time. However, they do come with a long history. People have been signing contracts before marriages for years. So, where does the problem come in?

Let’s start with the cons. For years, people have regarded prenups with a modicum of suspicion. If you plan on staying together for the rest of your lives, why do you need a document that will protect your assets during a divorce? People have the strange idea prenups imply mistrust. In some cases, they might, but for people who want to be prepared for the future, prenups are a natural step before making a lifetime commitment. The largest con to prenups, therefore, is stigma. If you ask for a prenup, your future spouse may take it as a lack of trust or an unromantic gesture.

Other cons include a prenup requiring you to give up your right to inherit from your spouse’s estate if he or she dies, and not being entitled to claim a share of a business if you divorce (even if you contributed to its success and growth). Likewise, if you and your partner eventually divorce, the low- or non-wage earner may not be able to sustain the lifestyle to which he or she will become accustomed during the marriage.

However, there are many pros to a prenup as well. Part of the reason prenups have become more popular is they help a couple address more of the financial aspects of marriage before the wedding takes place. Discussing finances before signing any contracts can help couples negotiate financial problems before they become an issue in the future. Likewise, the document is meant to protect both individuals in the event they get divorced.

It’s impossible to predict how the future will proceed. However, you can protect the inheritance rights of your children and grandchildren with a prenup. You can also protect the business that you created before you even met your spouse. If one spouse has more debt than the other, a prenup can also protect the debt-free spouse from having to assume the financial obligations of the other. For those with larger incomes and financial assets, a prenup can also protect his or her financial interests.

If you want to discuss the potential pros and cons of a prenuptial agreement further with a skilled lawyer, call us today. Our Katy family law attorneys have more than 35 years of legal experience to offer you. The Adams Law Firm is fully prepared to provide you with excellent personalized service.

Contact us at (281) 391-9237 or fill out our online form to schedule a case consultation today.

10 Tips for Living with Your Ex During the Divorce Process

While divorce is rarely easy for most couples, some have the misfortune of being able to move out after the decision to get a divorce has been made. Staying in the household usually has to do with finances. If one spouse is out of a job or is making a small income, he or she may not be able to afford to rent an apartment right away. If you find yourself in this situation, here are some of our top tips for managing to share a space with your soon-to-be ex.

Tip #1: Establish Routines

If you want to avoid spending too much time, or any time at all, around your spouse, the best way to do this is to both establish routines. Establishing a routine means doing a similar activity at a particular time throughout the day. This allows both of you to know where each of you is at any point during the day. For example, if Spouse A knows Spouse B likes to spend time watching TV after he gets home from work, Spouse A can avoid the living room until Spouse B leaves. Being predictable in your comings and goings will allow you to stay out of each other’s ways.

Tip #2: Be Civil

You may not like your spouse much right now, but your day-to-day life will be much more unpleasant if you are both treating each other with hostility. When you have to speak, do so with politeness. Manners are something you adopt even for strangers. In order to make your lives a little easier, practice using them with your ex whenever everyday conflicts arise.

Tip #3: Discuss When to Tell the Kids

If you and your spouse have children, it’s important to decide when to tell them. Some couples would rather not bring it up until one of the spouses can move out. Others prefer to be completely up front with their kids, especially if the couple is now sleeping in separate rooms. Whatever you both decide to do, make sure you agree about how much to tell the kids and when. Neither of you wants to be caught off guard.

Tip #4: Do Not Use Your Children as Pawns

Divorce isn’t a game, so there are no winners or losers. However, not all couples believe this. Some are so distracted by their own bitterness and ill-feeling they decide to sacrifice the well-being of their children to get back at their ex. However, children aren’t pawns, and if they’re old enough to observe your behavior, they won’t appreciate being used as such. If you don’t want to talk to your ex at all, don’t use your child to send messages. Instead, send your ex a letter, text, voicemail, or e-mail to convey what you need. Alternatively, you could just gather your courage and talk to them yourself, despite how unpleasant the prospect may seem. Communicating with each other without using the kids should be a condition of continuing to live together. Make sure to discuss it as soon as possible after deciding to divorce.

Tip #5: Make a Plan

Neither of you wants to be stuck in this situation forever. At some point, one of you will have to move out of the house. It’s best to make a plan with moving forward with the divorce rather than living in this limbo state indefinitely. You can both do this by both making a list of the goals you each want to accomplish in the next three, six, and twelve months. Let’s say your job doesn’t cover the expense of the full mortgage without the help of your spouse’s income. You should make a plan to find a higher-paying job or an additional source of revenue within the next three to six months.

Tip #6: Make a Budget

Part of what’s keeping you under the same roof is finances. If either you or your spouse can’t afford to move out, make a budget that will allow you to save as much money as possible. A budget will help you cut down on needless expenses and maximize your savings, so you can make plans to leave. It can also contribute to paying for the costs of hiring a divorce lawyer.

Tip #7: Find a Counselor

If you haven’t already seen a psychologist or counselor before, make time to do so now. You will be living with your spouse potentially for months. You both should know how to best resolve conflicts with each other and how to proceed with living together in a way that minimizes the adverse effects on yourselves and your children. Finding a counselor for your kids can also help them cope with the change.

Tip #8: Hold Off on Dating

You may be ready to move on, but in reality, you’re still living with your ex. Not only would dating be discourteous to your ex and your children, but it’s also discourteous to the potential romantic partners you will be seeing. Try to keep from dating at least until you’ve moved into your own place, if not until the divorce is completely finalized.

Tip #9: Create Your Own Private Space

It may be hard to grieve the end of your relationship while your ex is still living with you. You may not feel as free to fully experience your emotions as you would if you lived alone. You should try to create routines that allow you to deal with your feelings, such as journaling, getting together with friends and family, and taking a daily walk while listening to your favorite podcast or music.

Tip #10: Voice Your Needs

Part of what can create resentment between people is the inability for one person to read the mind of the other. Such an ability would certainly make communication much easier because nothing is more frustrating than not getting your needs met. The best way for things to go smoothly as you live together is to state your needs to your ex, friends, and family members. Be specific about what you need from them or what you would like them to stop doing. There’s nothing wrong with voicing your needs and putting yourself first (or at least second, behind your kids). Additionally, getting into the habit of stating what you need from other people will empower you to continue to do so when building your new life after the divorce.

If you and your spouse would like to get divorced, talk about your options with one of our skilled Katy divorce attorneysAdams Law Firm has been helping families through the divorce process for more than three decades. We have also built a reputation for treating our clients with respect and compassion. Let us help you navigate your family law case.

Contact us at (281) 391-9237 or fill out our online form to schedule a case consultation today.

What Are Grandparent’s Rights in Texas?

Texas is one of the strictest states for grandparents seeking visitation with their grandchild. In 2005, Texas adopted far stricter standards after the Supreme Court ruling in Troxel v. Granville. The state now holds the view that they have no place intervening in family affairs so long as the parents of the child are fit to care for them. So what does this mean for grandparents?

When Can A Grandparent Not Seek Visitation?

Before you learn what you will need to prove to request visitation, you should know if you even are able to request visitation through the court.

Grandparents may not request visitation if:

  • Both parents of their grandchild are dead or have had their parental rights terminated.
  • The child has been adopted by anyone, except for stepparent adoption, or an adoption is in progress.
  • Both parents of their grandchild have relinquished their parental rights to child services or any other organization acting as a managing conservator of the child.
  • The grandparent’s child is the grandchild’s parent who still retains their parental rights.

In these cases, you will not be able to sue for visitation rights.

In What Circumstances Can a Grandparent Seek Visitation?

In Texas, the court is reluctant to interfere with the decisions of the parents of the child, unless there is good reason to do so. The court generally holds that, provided the parents are fit to raise the child, the court should not intervene on behalf of the grandparents. There are some circumstances in which the court can be prompted to make a decision on the matter.

Grandparents may request visitation if it is in the child’s best interest and:

  • The parents of the child are divorced.
  • The parents have abused or neglected the child.
  • One parent has been incarcerated, found incompetent, or has died.
  • A court has terminated the relationship between the child and one parent.
  • The child has lived with the grandparent for at least 6 months.

What Is the Harm Standard?

In 2005, Texas adopted the Harm Standard for making decisions on child visitation for grandparents. What this means is that grandparents must demonstrate that the child will suffer considerably if they are unable to see their grandparents. This can be a very strict standard to meet, but that doesn’t mean it’s impossible.

Expert testimony has been a successful tool in recent cases. Unfortunately, it can be a challenge to obtain expert testimony when the grandparent does not have access to their grandchild, school, or medical records. Your attorney may ask for a preliminary hearing, in which a professional evaluation can be requested for the purposes of expert testimony. At this hearing, your lawyer can also request relevant records to support your case.

Get Help Today! Call Our Katy Family Law Attorneys – (281) 764-6087

As a grandparent, it can be devastating to be denied the chance to participate in your grandchildren’s lived. At the Adams Law Firm, we have more than 35 years of collective experience to help you fight back. Our Katy family lawyers can help you protect your rights as a grandparent.

Start your case with a consultation. Contact our team by calling (281) 391-9237.

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