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San Marcos Legal Issues Blog

Benefits of mediation

The divorce process typically requires a fair amount of decision-making and negotiation. Therefore, when couples in Texas and elsewhere go through a divorce, tensions that have created problems in the marriage can often boil over. This is especially true in high-asset divorces as well as when a couple has minor children.

Historically, couples have been expected to negotiate things like child custody, support payments and asset division either on their own or through their attorneys. If negotiations broke down, the case would have to go to court. However, there is now another option: mediation.

Film looks at race and fathers in child support system

Some Texas noncustodial parents who fall behind in child support payments may do so because they cannot afford them. A study by the Urban Institute found that parents who earn less than $10,000 per year owe 70 percent of child support debt.

In a documentary called "Where's Daddy?", filmmaker Rel Dowdell examines how this is often the fate of African-American fathers. Dowdell found that in contrast to the stereotype of African-American fathers as neglectful, the issue is more one of various economic barriers. Some fathers are unprepared in family court because of an inability to pay for legal counsel. This also means that many do not realize they can request a child support modification if they fall behind in payments.

Five reasons a prenuptial agreement may not hold up in court

As wedding season gets underway, you may be reminded of that blissful time before your wedding, when the future was bright and hopeful. Now, sadly, that time is long gone, and you may be worried about the impact of a prenuptial agreement on your divorce proceedings.

In general, Texas law seeks to honor the provisions of a well-crafted prenup, as we discussed last week. However, there are also several reasons why your prenuptial agreement might fail in court. Here are five of them.

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