Vaught Law Firm, P.C.
?Fork  
Jimmy Vaught and Leigh de la RezaSeptember 2012
In This Issue
Christina Pesoli
Jimmy Vaught
Leigh de la Reza
When is it time?  How will I know it?
Christina Pesole  

My friend Felicity's marriage was on the rocks. Over the years she and her husband had been to three separate marriage counselors, but their problems were only getting worse.  Still, she wasn't sure if divorce was the answer for her.

 

"If I get a divorce, will I still be able to afford to buy organic produce for my kids?" she asked me one day when we were sitting on my front porch after a run.

 

"Probably," I answered.  "But if you're worried about that, you're not ready to get a divorce," I added.  "When you're to the point where you feel like it would be healthier to take a job at 7-11, live under a bridge and feed your kids a steady diet of Slim Jims and Mountain Dew rather than stay another day, that's when you know you're ready."

 

Because of my line of work - I am a behavior coach for people going through divorce - I get that question a lot.  Well, not the question about organic produce exactly, but the bigger question behind that one: "Should I get a divorce?"

 

The short answer is this:  If you have to ask someone else, you are not to the point where you are ready.

 

That's not to say that there are not marriages that are so unhealthy and dysfunctional that they are objectively unsalvageable. (And yes, Felicity, I'm looking really hard in your direction.) But divorce is not for the faint of heart. It is a grueling experience that takes guts, strength, patience, endurance and tenacity. To be able to weather the ordeal, you have to be one hundred percent sure that it's the right choice. And even then you'll still have days when you'll wrestle with doubts. That's why you can't take someone else's word for it.

 

Sometimes it's hard to assess a situation when you're smack dab in the middle of it.

Hanging on 

We've all heard about the phenomenon with frogs:   A frog that jumps into a pot of boiling water knows to jump back out; but a frog in a pot of water that heats up gradually doesn't have the good sense to jump out when the temperature reaches a life-threatening level. And that unlucky frog ends up on a plate for dinner.

 

Because divorce is a major life decision with a huge ripple effect, it's critical to determine whether your marriage is temporarily in hot water or if you and your kids are really at risk of getting served up for supper at a hillbilly hoe down.

 

There are two questions that go a long way to helping you figure out this answer. Both are equally important; but one of them is obvious, and the other is less so.  Many people base their decision on the answer to the first question only and never get to the second question at all. A decision based on an incomplete analysis has a good chance of either being wrong or at least leaving you with a lifetime of lingering doubts. And patching things up once you've started the divorce process is easier said than done. After all, whatever bad feelings existed before you filed for divorce, you are guaranteed to have more after you've filed. So working through the entire analysis is essential.

 

The first question to ask yourself is why you want a divorce. The second question to answer - the one that often gets skipped - is how being divorced will remedy that problem. The reason the second question is important is that once the process of getting divorced is over, you graduate to the state of being divorced. And unless you're Frank and Jamie McCourt or Elizabeth Taylor, the time you spend being divorced will last a lot longer than the time it takes you to get a divorce.  So it makes sense to think about what will happen to your problems in this second and longer phase.

 

The reasons why marriages fail are as numerous as they are personal. But for the sake of illustrating how this analysis works, below is a work-up of some garden-variety problems that lead people to get divorced.  Read the rest of her article by clicking the link below.

 

I want a divorce because...

 

Emotional Hard Body
Visit Christina's Website

 

 

 

 

 

 

 

 

Should I stay or should I go?  We can all hear the music in our head.  But when we as individuals or couples have to make the decision to divorce, there are a lot of things that will need to be processed before making the final decision.  And if the decision is made unilaterally by one spouse, the other spouse may feel as if their life is over.  There are financial fears, grief for the marriage, and worries about raising children as a single parent.  It's a hard process, and you should enlist all the help you can get. 

This month's guest writer is Christina Pesoli, owner of Emotional Hard Body.  She is a smart and savvy divorce coach for men and women navigating the divorce process from end to end.  She offers classes on basic divorce issues (Divorce Boot Camp for women) and (Basic Training for men) and personal coaching to help men and women who are struggling with whether to divorce, how to find their inner strength, and how to envision their life on the other side of marriage.  She's both a divorce survivor herself as well as an attorney. 
 
Jimmy Vaught talks about the importance of being in charge of yourself, even though you are in a relationship.

Leigh de la Reza discusses residency restrictions and relocation issues.
 
No one is responsible for you.
Except you.
 There's a saying that's worth repeating, "Keep your eyes on your fries!"  No doubt that this was a warning about the thieving Hamburgler, but none the less, it is sage advice.
Jimmy Vaught
Jimmy Vaught
I can't begin to count the number of spouses that I have met that have been betrayed financially by their spouses.  It may or may not be deliberate.  I want to underscore how important it is for BOTH spouses to have control of their assets, and not to live in a dream world where one spouse either gives or acquiesces to the other spouse having total control. 
 
Take the Wife who has been married to the Husband for 20 plus years.  She raised their children, and has acquiesced to having to ask Husband for everything she needs or wants.  She has no idea what kind of money they make or have, and is shocked to find out that according to Husband, all of their community property is gone, and all ofStealing cookies his separate property is what remains.  She doesn't even have enough money to hire a decent attorney.  What if a Husband finds out that the Wife has been daytrading with his 401(k) and now Husband owes money on margin loans?  What about the Husband who has borrowed money against the Wife's separate property home?  How about finding out that Wife hasn't filed a tax return in years, and even the withholding that should have covered the tax liability is no longer available due to tax rules.  Or being liable for a tax return filed on either's behalf with e-filing, that the other spouse has never seen?  Trouble Ahead
Most of these betrayed spouses had more than one red flag go off, and chose to ignore the signs until it was too late.    Although not romantic, never put yourself in a position that would leave you without options.  That may mean a nest egg of your own, keeping a job even if you don't need the income, or finishing your education so that if the unthinkable happens, you know that you can take care of yourself and any dependents you may be responsible for. 
 
A prenuptial or postnuptial agreement can be a tool that can help not only the moneyed spouse retain his or her separate property, it also can assist the non-moneyed spouse in case of the unthinkable (death, divorce).  Other than issues regarding children and illegal acts, a marital property agreement provides many avenues for high/low income spouses, high/high income spouses, and second (or more) marriages where spouses want to ensure that their minor children are well cared for, and that adult children receive the inheritance intended for them.  For most happy marriages at least part of the secret to their success is a balance of power (and that usually equates to money).
Dancing hamsters
Cha-cha-cha!
 
When you want to leave
But you have a geographic restriction
Leigh de la Reza
Leigh de la Reza

You may have seen in the tabloids that Halle Berry has been in a custody dispute with her former partner Gabriel Aubrey over the residence of their daughter, Nahla. Halle Berry is engaged to French actor Olivier Martinez and requested court approval to move to France with Nahla.

 

Halle Berry's request to relocate with their child has become a sensational trial, but a request by a parent to relocate with the child is not uncommon. Residency restrictions are court imposed limitations on where a child can live. If you are the custodial parent and the court limits the child's residence, then your residence has been effectively limited too. 

France beckons!

 

 

Residency restriction perimeters vary. Some restrictions limit the child's residence to a particular school district, while others encompass the entire state. The most common restrictions allow the custodial parent to live within the county he or she currently resides in and neighboring counties. In many decrees the non-custodial parent must also reside within the restriction if he or she wants to maintain the restriction.
 

 

The public policy in Texas is that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child. However, there are factors a court will take into consideration if a parent wants to relocate outside of the restriction. Among the arguments Halle Berry is presenting to the court are safety concerns for the child due to the paparazzi. While you may not be able to make that argument there are other considerations such as an improved financial situation or employment opportunities.

 

Your divorce decree is an important document that will be part of your life as long as your children are minors.  There is no substitute for professional advice.  Whatever you pay for professional advice, it will ALWAYS be less than litigation.

Dirt Cheap Divorces

 

 

 

 

 

 

 

 

  

 

 

We hope you enjoyed the newsletter!

 

We want to be your divorce source!  Give us a call ... really.

 
5929 Balcones Drive, Suite 201
Austin, Texas
78731
512-342-9980 (Vaught)
512-329-5020 (de la Reza)
512-610-9980 (fax)