Standard Possession Order

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When parents are involved in a divorce that includes children, they often times do not understand the Standard Possession Order visitation schedule.  It is important to keep in mind that, under certain circumstances, and depending on the age of a child, a Judge may alter the standard possession order in any way that serves the best interest of the child.  It is important to speak with your attorney about changes that can be made to the standard possession order, and the ones that each judge is most likely to make.

The following is the standard possession order for a parent who lives within 100 miles of their child under the Texas Family Code.

IT IS ORDERED that the conservators shall have possession of the child at times mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession of the child under the specified terms set out in this Standard Possession Order.

(c)        Parents Who Reside 100 Miles or Less Apart

Except as otherwise explicitly provided in this Standard Possession Order, when Possessory Conservator resides 100 miles or less from the primary residence of the child, Possessory Conservator shall have the right to possession of the child as follows:

  1. Weekends—

On weekends that occur during the regular school term, beginning at the time the child’s school is regularly dismissed (or at 6:00 p.m) on the first, third, and fifth Friday of each month and ending at the time the child’s school resumes after the weekend (or at 6:00 p.m. on Sunday).

On weekends that do not occur during the regular school term, beginning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

  1. Weekend Possession Extended by a Holiday—Except as otherwise explicitly provided in this Standard Possession Order, if a weekend period of possession by Conservator begins on a Friday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at the time the child’s school is regularly dismissed on the Thursday immediately preceding the Friday holiday or school holiday or end on that Monday holiday or school holiday at the time school resumes after that school holiday, as applicable.
  2. Thursdays—On Thursday of each week during the regular school term, beginning at the time the child’s school is regularly dismissed (or at 6:00 p.m.) and ending at the time the child’s school resumes on Friday (or at 8:00 p.m. that same day).
  3. Spring Break in Even-Numbered Years—In even-numbered years, beginning at the time the child’s school is regularly dismissed on the day the child is dismissed (or at 6:  p.m.) from school for the school’s spring vacation and ending at the time school resumes after that vacation (or at 6:00 p.m. on Sunday).
  4. Extended Summer Possession by Possessory Conservator

With Written Notice by April 1—If Possessory Conservator gives  Managing Conservator written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Possessory Conservator shall have possession of the child for thirty days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice, provided that the period or periods of extended summer possession do not interfere with Father’s Day Weekend. These periods of possession shall begin and end at 6:00 p.m.

Without Written Notice by April 1—If Possessory Conservator does not give Managing Conservator written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Possessory Conservator shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.

Notwithstanding the Thursday periods of possession during the regular school term and the weekend periods of possession ORDERED for Possessory Conservator, it is explicitly ORDERED that Managing Conservator shall have a superior right of possession of the child as follows:

  1. Spring Break in Odd–Numbered Years—In odd-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.
  2. Summer Weekend Possession by Managing Conservator—If Managing Conservator gives Possessory Conservator written notice by April 15 of a year, Managing Conservator shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by Possessory Conservator in that year, provided that Managing Conservator picks up the child from Possessory Conservator and returns the child to that same place and that the weekend so designated does not interfere with Father’s Day Weekend.
  3. Extended Summer Possession by Managing Conservator—If Managing Conservator gives Possessory Conservator written notice by April 15 of a year or gives Possessory Conservator fourteen days’ written notice on or after April 16 of a year, Managing Conservator may designate one weekend beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by Possessory Conservator shall not take place in that year, provided that the weekend so designated does not interfere with Possessory Conservator’s period or periods of extended summer possession or with Father’s Day Weekend.

(e)        Holidays Unaffected by Distance

Notwithstanding the weekend and Thursday periods of possession of Possessory Conservator, Managing Conservator and Possessory Conservator shall have the right to possession of the child as follows:

  1. Christmas Holidays in Even-Numbered Years—In even-numbered years, Possessory Conservator shall have the right to possession of the child beginning at the time the child’s school is regularly dismissed(or at 6:00 p.m.) on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and Managing Conservator shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.
  2. Christmas Holidays in Odd-Numbered Years—In odd-numbered years, Managing Conservator shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and Possessory Conservator shall have the right to possession of the child beginning at noon on December 28 and ending at the time the child’s school resumes after that Christmas school vacation.
  3. Thanksgiving in Odd-Numbered Years—In odd-numbered years, Possessory Conservator shall have the right to possession of the child beginning at the time the child’s school is regularly dismissed (or at 6:00 p.m.) on the day the child is dismissed from school for the Thanksgiving holiday and ending at the time the child’s school resumes after that Thanksgiving holiday (or at 6:00 p.m. on Sunday).
  4. Thanksgiving in Even-Numbered Years—In even-numbered years, Managing Conservator shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.
  5. Child’s Birthday—If a conservator is not otherwise entitled under this Standard Possession Order to present possession of the child on the child’s birthday, that conservator shall have possession of the child and the child’s minor siblings beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that conservator picks up the child from the other conservator’s residence and returns the child to that same place.
  6. Father’s Day Weekend—Father shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Father’s Day and ending at 6:00 p.m. on Father’s Day, provided that if Father is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from the other conservator’s residence and return the child to that same place.
  7. Mother’s Day Weekend—Mother shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Mother’s Day and ending at 6:00 p.m. on Mother’s Day, provided that if Mother is not otherwise entitled under this Standard Possession Order to present possession of the child, she shall pick up the child from the other conservator’s residence and return the child to that same place.

(g)        General Terms and Conditions

Except as otherwise explicitly provided in this Standard Possession Order, the terms and conditions of possession of the child that apply regardless of the distance between the residence of a parent and the child are as follows:

  1. Surrender of Child by Managing Conservator—Managing Conservator is ORDERED to surrender the child to Possessory Conservator at the beginning of each period of Possessory Conservator’s possession at the residence of Managing Conservator.

If a period of possession by Possessory Conservator begins at the time the child’s school is regularly dismissed, Managing Conservator is ORDERED to surrender the child to Possessory Conservator at the beginning of each such period of possession at the school in which the child is enrolled. If the child is not in school, Possessory Conservator shall pick up the child at the residence of Managing Conservator at 6:00 p.m., and Managing Conservator is ORDERED to surrender the child to Possessory Conservator at the residence of Managing Conservator at 6:00 p.m. under these circumstances.

  1. Surrender of Child by Possessory Conservator—Possessory Conservator is ORDERED to surrender the child to Managing Conservator at the residence of Managing Conservator at the end of each period of possession.
  2. Return of Child by Possessory Conservator—Possessory Conservator is ORDERED to return the child to the residence of Managing Conservator at the end of each period of possession. However, it is ORDERED that, if Managing Conservator and Possessory Conservator live in the same county at the time of rendition of this order, Possessory Conservator’s county of residence remains the same after rendition of this order, and Managing Conservator’s county of residence changes, effective on the date of the change of residence by Managing Conservator, Possessory Conservator shall surrender the child to Managing Conservator at the residence of Possessory Conservator at the end of each period of possession.

If a period of possession by Possessory Conservator ends at the time the child’s school resumes, Possessory Conservator is ORDERED to surrender the child to Managing Conservator at the end of each such period of possession at the school in which the child is enrolled or, if the child is not in school, at the residence of Managing Conservator at [address].

  1. Surrender of Child by Possessory Conservator—Possessory Conservator is ORDERED to surrender the child to Managing Conservator, if the child is in Possessory Conservator’s possession or subject to Possessory Conservator’s control, at the beginning of each period of Managing Conservator’s exclusive periods of possession, at the place designated in this Standard Possession Order.
  2. Return of Child by Managing Conservator—Managing Conservator is ORDERED to return the child to Possessory Conservator, if Possessory Conservator is entitled to possession of the child, at the end of each of Managing Conservator’s exclusive periods of possession, at the place designated in this Standard Possession Order.
  3. Personal Effects—Each conservator is ORDERED to return with the child the personal effects that the child brought at the beginning of the period of possession.
  4. Designation of Competent Adult—Each conservator may designate any competent adult to pick up and return the child, as applicable. IT IS ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned.
  5. Inability to Exercise Possession—Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator’s right of possession for any specified period.
  6. Written Notice—Written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due.
  7. Notice to School and Managing Conservator—If Possessory Conservator’s time of possession of the child ends at the time school resumes and for any reason the child is not or will not be returned to school, Possessory Conservator shall immediately notify the school and Managing Conservator that the child will not be or has not been returned to school.

This concludes the Standard Possession Order.

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10 Reasons You Should Consider Mediation for Divorce in Houston

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Divorce is undoubtedly one of the most challenging life events anyone can go through. The process can be emotionally draining, time-consuming, and financially taxing. While many couples default to litigation as the go-to method for divorce, there is an alternative that can offer numerous benefits: mediation. Mediation provides a more amicable, efficient, and cost-effective way to settle disputes and reach a divorce agreement. Especially in a bustling city like Houston, where life is fast-paced and complex, mediation offers a tailored approach to divorce that respects the needs and schedules of both parties involved. If you are contemplating divorce, here are ten compelling reasons why you should consider mediation as your preferred method of resolving the end of your marriage. 1. Cost-Effectiveness One of the most significant advantages of mediation over traditional divorce litigation is the cost. Divorce litigation can quickly become expensive, with attorney fees, court costs, and other expenses piling up. In contrast, mediation is generally much more affordable. The process involves fewer formal procedures and often requires fewer billable hours from attorneys, which translates to lower costs overall. Mediation typically involves a neutral mediator who works with both parties to facilitate discussions and help them reach a mutually agreeable solution. This reduces the need for prolonged legal battles, which can be financially draining. For those who are concerned about the financial implications of divorce, mediation offers a more budget-friendly option. 2. Faster Resolution Divorce litigation can be notoriously slow, often taking months or even years to reach a conclusion. The court system is overloaded with cases, and the complexity of legal procedures can lead to significant delays. Mediation, on the other hand, tends to be much quicker. In mediation, the parties involved set the pace. Since there are no formal court schedules to adhere to, mediation sessions can …

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What Is a Standard Possession Order in Divorce

What Is a Standard Possession Order in Divorce?

August 8, 2024

Divorce is a challenging and emotionally charged process, especially when children are involved. In Texas, one of the critical aspects of divorce involving children is determining custody and visitation rights. The Standard Possession Order (SPO) is a legal framework that outlines the visitation schedule for the non-custodial parent. It is crucial for both parents to understand what an SPO entails and how it affects their family dynamics. In this blog post, we will explore the concept of a Standard Possession Order, its implications, and how The Renken Law Firm’s experienced Houston divorce attorneys can assist you in navigating this complex legal terrain. Understanding the Standard Possession Order What is a Standard Possession Order? A Standard Possession Order is a court-ordered schedule that outlines the visitation rights of the non-custodial parent. It is designed to ensure that both parents have a fair amount of time with their children post-divorce. In Texas, the SPO is considered the default visitation schedule and is presumed to be in the best interest of the child unless evidence is presented to the contrary. The Texas Family Code outlines the specifics of an SPO, which applies to children three years of age and older. For children under three, the court may create a customized possession schedule that gradually leads to an SPO as the child grows. Key Features of a Standard Possession Order The Standard Possession Order typically includes: Customizing the Standard Possession Order While the SPO is the default arrangement, it is not one-size-fits-all. The court recognizes that each family’s situation is unique, and modifications can be made to accommodate the specific needs of the children and parents involved. Factors such as the child’s age, the distance between the parents’ residences, and any special needs the child may have can influence the visitation schedule. The court …

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Best Female Divorce Attorney in Houston Area

Best Female Divorce Attorney in Houston Area

August 1, 2024

When facing the challenging and often emotional journey of divorce, having a compassionate and skilled attorney by your side can make all the difference. In Houston, a city bustling with diversity and vibrant communities, The Renken Law Firm stands out as a beacon of support and legal expertise, especially for those seeking a female divorce attorney who understands the unique challenges women often face during divorce proceedings. In this blog post, we will explore the qualities that define the best female divorce attorneys, delve into the services offered by The Renken Law Firm, and explain why choosing a female attorney might be the right decision for your case. Whether you’re just beginning the process or are in the midst of complex negotiations, this guide aims to provide you with the insights needed to make an informed decision about your legal representation. Understanding the Role of a Divorce Attorney Before diving into the specifics of female divorce attorneys, it’s important to understand the critical role that any divorce attorney plays. Divorce attorneys are legal professionals who specialize in family law, particularly issues related to divorce, child custody, alimony, and property division. They guide clients through the legal process, ensuring their rights are protected and advocating for their best interests. Key Responsibilities of a Divorce Attorney: Why Choose a Female Divorce Attorney? Choosing a female divorce attorney can offer several unique benefits, particularly for women going through a divorce. While both male and female attorneys are capable and skilled, some clients find that a female attorney brings an additional level of empathy and understanding to their case. Here are a few reasons why a female divorce attorney might be the right choice for you: Empathy and Understanding Women often face unique challenges during divorce, such as concerns about financial security, child custody, …

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Divorce Attorney for Queer Parents of Adoption in Houston

Divorce Attorney for Queer Parents of Adoption in Houston

July 25, 2024

Divorce is a challenging experience for any family, but for queer parents who have adopted children, it comes with unique considerations and legal nuances. The Renken Law Firm in Houston understands these complexities and is dedicated to providing compassionate and knowledgeable legal support for LGBTQ+ families navigating divorce and adoption issues. This blog post explores the specific challenges faced by queer parents of adoption, the legal landscape in Texas, and how our experienced attorneys can help ensure a fair and respectful resolution. Understanding the Unique Challenges Legal Recognition and Rights One of the primary challenges queer parents face in divorce cases is the legal recognition of their parental rights. While same-sex marriage is legally recognized and adoption laws have progressed, there can still be discrepancies in how parental rights are acknowledged, particularly in conservative states like Texas. This recognition is crucial in determining custody, visitation, and child support arrangements. For instance, even though both parents may have played an active role in raising the child, if only one parent is legally recognized, the other may face significant hurdles in asserting their parental rights during divorce proceedings. This can lead to unfair custody arrangements and visitation rights, potentially disrupting the child’s sense of stability and security. Emotional Impact on Children Children of queer parents may already face societal challenges related to their family structure. Divorce can exacerbate these feelings, leading to increased emotional and psychological stress. These children might encounter confusion, fear, or anxiety about the changes in their family dynamics. Ensuring that the child’s best interests are prioritized in custody arrangements is essential for their well-being. It involves considering the emotional bonds between the child and each parent, the stability of the home environment, and the ability of each parent to meet the child’s emotional and developmental needs. Counseling and …

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10 Things You Need to Know About Property Division in Texas Divorces

10 Things You Need to Know About Property Division in Texas Divorces

July 21, 2024

Divorce is a challenging process, and one of the most complex aspects is the division of property. Understanding how property is divided in Texas can help you navigate this difficult time with more confidence. Here are ten essential things you need to know about property division in Texas divorces. 1. Community Property State Texas is a community property state, which means that most property acquired during the marriage is considered jointly owned by both spouses. This includes income, real estate, and other assets accumulated while married. Understanding this concept is crucial because it forms the basis for how property will be divided. However, not all property falls under this category, which leads to the next point. 2. Separate Property Separate property refers to assets owned by one spouse before the marriage or acquired through inheritance or gift during the marriage. These assets are not subject to division in a divorce. Proving that an asset is separate property can be complex and typically requires clear documentation. It’s essential to differentiate between community and separate property to ensure a fair division. 3. The Role of Marital Agreements Marital agreements, such as prenuptial and postnuptial agreements, can significantly impact property division. These legal documents outline how property will be divided in the event of a divorce. If properly executed, they can simplify the process by clearly defining what is considered separate and community property. Consulting with an attorney to draft or review these agreements is crucial to protect your interests. 4. Valuing Assets Accurately valuing marital assets is a critical step in property division. This includes real estate, businesses, retirement accounts, and personal property. Valuation often requires the expertise of financial professionals and appraisers. Ensuring that all assets are accurately valued helps in achieving an equitable distribution and prevents future disputes. 5. Debts …

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Licensed Divorce Mediator Serving Houston

Mediation Attorney for Easy Divorce in Houston

July 12, 2024

Divorce can be a difficult and emotionally draining process. However, it doesn’t always have to be a contentious and bitter battle. In Houston, the option of mediation provides a more amicable and cooperative approach to divorce. This method allows couples to work together with a neutral third-party mediator to reach an agreement on various aspects of their separation, such as asset division, child custody, and support arrangements. The Renken Law Firm in Houston specializes in mediation services, helping couples navigate their divorce with less stress and conflict. In this comprehensive guide, we’ll explore the benefits of mediation, how the process works, and why choosing the right mediation attorney is crucial for an easy divorce. Understanding Divorce Mediation What is Mediation? Mediation is a voluntary process in which a neutral third-party, known as a mediator, helps divorcing couples communicate and negotiate to reach a mutually acceptable agreement. Unlike litigation, which involves a judge making decisions for the couple, mediation empowers the spouses to control the outcome of their divorce. The mediator’s role is to facilitate discussions, offer guidance, and ensure that both parties have a chance to express their views and concerns. Benefits of Mediation Reduced Conflict: Mediation encourages cooperation and reduces animosity, which can be particularly beneficial when children are involved. Cost-Effective: Mediation is often less expensive than traditional divorce litigation since it typically requires fewer court appearances and less time with attorneys. Confidentiality: Mediation sessions are private, and the discussions cannot be used as evidence in court if the mediation does not result in an agreement. Control: Couples have more control over the final agreement, as opposed to having a judge make decisions for them. Speed: Mediation can significantly shorten the divorce process, allowing couples to move forward more quickly. Customized Solutions: Mediation allows for creative solutions tailored to …

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Divorce Made Simple with Renken Law Firm in Houston

Divorce Made Simple with Renken Law Firm in Houston

July 9, 2024

Divorce is often perceived as a complex and emotionally draining process. However, with the right guidance and support, it doesn’t have to be. The Renken Law Firm in Houston specializes in making the divorce process as straightforward and painless as possible. This blog post aims to shed light on how our firm achieves this and why choosing Renken Law Firm can make a significant difference in your divorce experience. Understanding Divorce in Texas The Basics of Divorce Law in Texas Divorce laws can vary significantly from one state to another. In Texas, the divorce process involves several legal requirements and steps that must be followed to ensure a fair and equitable resolution. Here are some key points to understand: Residency Requirements: One of the spouses must have lived in Texas for at least six months and in the county where the divorce is filed for at least 90 days. Grounds for Divorce: Texas allows both no-fault and fault-based grounds for divorce. The most common ground is “insupportability,” meaning the marriage cannot continue due to discord or conflict. Property Division: Texas is a community property state, meaning that all property acquired during the marriage is considered equally owned by both spouses and is subject to division. Child Custody and Support: Decisions regarding child custody and support are made based on the best interests of the child. The Divorce Process Filing the Petition: The process begins when one spouse files an Original Petition for Divorce. Serving the Petition: The other spouse must be formally notified of the divorce. Response: The spouse has a certain amount of time to respond to the petition. Discovery: Both parties exchange information and documents relevant to the divorce. Negotiation and Settlement: Many divorces are settled through negotiation or mediation, avoiding the need for a trial. Trial: If …

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Parents Set the Tone for How Their Children View Divorce

Parents Set the Tone for How Their Children View Divorce

June 24, 2024

Divorce is never easy, and when children are involved, it becomes even more complex. As parents, the way you handle your divorce can profoundly impact your children’s mental and emotional well-being. At The Renken Law Firm in Houston, we understand the critical role parents play in shaping their children’s perspectives on divorce. This blog will explore how parents can set a positive tone for their children during and after the divorce process. Understanding the Emotional Impact of Divorce on Children Children often experience a range of emotions during their parents’ divorce, including confusion, anger, sadness, and fear. These emotions can lead to behavioral changes, academic challenges, and difficulties in social relationships. It is crucial for parents to recognize these potential impacts and take proactive steps to mitigate them. Recognizing the signs of distress in children is the first step. Younger children might regress, displaying behaviors such as bed-wetting or clinging to parents more than usual. School-aged children might exhibit changes in their academic performance, becoming either distracted or overly focused as a coping mechanism. Teenagers might show rebellion, withdrawal, or a sudden disinterest in activities they once enjoyed. Each child is unique, and their reactions will vary based on their age, personality, and the specifics of the divorce situation. Parents need to be vigilant and empathetic, offering reassurance and stability. It’s important to let children know that it is okay to feel sad, angry, or confused. Validating their feelings without judgment helps them process their emotions healthily. Creating an environment where children feel safe to express their emotions is paramount. The Role of Communication in Setting the Tone Effective communication is the cornerstone of helping children navigate the challenges of divorce. Open, honest, and age-appropriate discussions can help demystify the situation and provide children with a sense of stability. When …

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Divorce can be an emotionally and financially taxing process, but mediation can offer a more amicable and cost-effective alternative to courtroom battles. In this blog post, we’ll explore the critical do’s and don’ts of divorce mediation. We’ll also introduce you to experienced divorce mediator and attorney, Dawn Renken, of The Renken Law Firm in Houston, who can help couples navigate this process and make thorough and informed choices when drafting a divorce agreement. Divorce is never easy, but divorce mediation can make the process smoother and more manageable. Unlike traditional divorce proceedings, which often involve lengthy courtroom battles, mediation allows couples to work together with a neutral third party to resolve their differences and create a mutually acceptable divorce agreement. When done right, mediation can save time, money, and emotional distress. However, divorce mediation isn’t a walk in the park. It requires open communication, patience, and a willingness to compromise. To help you navigate this process successfully, here are 10 things you should never say or do during divorce mediation: 1. Refusing to Communicate Effective communication is the cornerstone of any successful mediation. Refusing to talk or listen can hinder progress and lead to a more protracted and contentious divorce. It’s essential to be open and honest about your concerns, needs, and preferences during mediation. Dawn Renken, an experienced divorce mediator, is skilled in facilitating constructive communication between divorcing couples. She can help create an environment where both parties feel heard and understood. 2. Letting Emotions Take Over Divorce is an emotionally charged process, but it’s crucial not to let your emotions dictate your actions during mediation. Outbursts of anger or resentment can escalate conflicts and hinder resolution. Instead, try to remain calm and composed. Dawn Renken specializes in guiding clients through the emotional challenges of divorce, helping them focus on their long-term interests rather than short-term emotions. 3. Failing to Prepare Preparation is key to a successful mediation. Failing to gather and organize your financial documents, legal papers, and other relevant information can lead to delays and misunderstandings. Dawn Renken can help you prepare for mediation by ensuring you have all the necessary documentation and information at your fingertips. 4. Being Inflexible Mediation involves compromise, and being too inflexible can hinder progress. While it’s crucial to protect your interests, it’s also essential to understand that some give and take will be necessary to reach an agreement. Dawn Renken has extensive experience in helping clients find middle ground and make compromises that are fair and reasonable. 5. Bringing Up the Past Dragging up past mistakes, hurts, or grievances during mediation is counterproductive. It can create tension and prevent a positive resolution. Dawn Renken can help keep the focus on the present and the future, guiding couples toward constructive discussions that lead to productive solutions. 6. Playing the Blame Game Blaming your spouse for the divorce or trying to make them feel guilty won’t help during mediation. In fact, it’s more likely to create animosity and impede the process. Dawn Renken can act as a neutral mediator, keeping discussions on track and preventing blame from becoming a roadblock to resolution. 7. Disregarding Your Children’s Well-Being If you have children, their well-being should be a top priority during divorce mediation. Failing to consider their needs, feelings, and interests can lead to contentious custody battles and long-term emotional repercussions. Dawn Renken is well-versed in helping divorcing parents create a custody and visitation plan that prioritizes their children’s needs. 8. Making Unrealistic Demands Mediation is about finding realistic and mutually beneficial solutions. Making extravagant or unrealistic demands can lead to an impasse. Dawn Renken can provide insight into what is legally and practically achievable, ensuring that both parties understand the boundaries and possibilities of their divorce agreement. 9. Hiding Assets Concealing assets during mediation is not only unethical but also illegal. It can result in severe legal consequences and damage your credibility in the eyes of the mediator and the court. Dawn Renken can help ensure full financial transparency during mediation, preventing disputes over hidden assets.

The Renken Law Firm has worked hard to earn a reputation for efficiently practicing diligent and focused legal services. During the course of our representation, you can expect expert legal advice in the areas of divorce, separation planning, custody disputes, child support cases, grandparents rights, prenuptial agreements, attorney general cases and enforcement actions. Prenuptial agreements, commonly referred to as prenups, are contractual agreements made between two individuals prior to their marriage. They establish the framework for how assets, debts, and other financial matters will be handled should the marriage end in divorce or due to the death of one spouse. Prenuptial agreements provide a level of financial security and peace of mind to both parties by outlining their rights and responsibilities. When considering a prenup, it’s essential to work with a knowledgeable Prenup Attorney in Houston, like the experts at The Renken Law Firm, to ensure that your agreement is comprehensive and tailored to your unique needs. The Importance of a Prenuptial Agreement Prenuptial agreements are not only for the wealthy or those anticipating divorce. They can be invaluable tools for protecting individual assets, managing financial expectations, and ensuring a fair resolution should the marriage end. Here’s a breakdown of what is typically included in a prenuptial agreement: 1. Property Division One of the primary purposes of a prenup is to specify how assets and debts will be divided in the event of a divorce. This includes real estate, personal property, bank accounts, and investments. The agreement can outline whether certain assets will remain separate property, and which will be considered marital property, subject to division. By clearly defining these terms, you can protect your financial interests and avoid potential disputes in the future. 2. Spousal Support Spousal support, also known as alimony, can be a contentious issue during divorce proceedings. A prenuptial agreement can specify the amount, duration, and conditions under which spousal support will be paid. This allows both parties to have a clear understanding of their financial responsibilities, reducing the risk of prolonged legal battles. 3. Division of Debts Debts incurred during a marriage can be a significant source of concern if the relationship ends. Your prenup can outline how debts will be divided, whether they are considered marital or separate, and who will be responsible for paying them. 4. Inheritance and Estate Planning A prenuptial agreement can address how inheritance and estate planning matters will be handled. It can specify whether certain assets are to be kept separate and secure the interests of children from previous relationships. 5. Business Interests If you own a business or have a stake in a company, a prenup can help protect your business interests. It can outline how the business will be managed and whether your spouse will have any ownership rights in the event of divorce. 6. Financial Responsibilities Your prenuptial agreement can include provisions detailing each spouse’s financial responsibilities during the marriage. This may cover how household expenses will be shared, savings and investment strategies, and other financial matters that will affect your day-to-day life.

Divorce is an emotionally charged, life-altering event. When a marriage reaches a point where it can no longer be sustained, the process of legally ending it can be intricate and emotionally draining. While Texas law provides for various divorce options, understanding the different types of divorce is crucial for making informed decisions. In this article, we will explore the various divorce options available in Texas, from uncontested to contested, mediation, and more. Additionally, we will highlight the invaluable role of an experienced divorce attorney like Dawn Renken from the Renken Law Firm in Houston, emphasizing how they can help make the process smoother and ensure you don’t overlook important details. 1. Uncontested Divorce An uncontested divorce is often the most straightforward option for couples who have reached an agreement on all significant aspects of their separation, such as child custody, property division, and alimony. This type of divorce is generally less time-consuming and costly than other alternatives, as it minimizes the need for court appearances and lengthy legal battles. An experienced divorce attorney like Dawn Renken can guide you through the process, ensuring all legal requirements are met. Their role is to make sure that the agreement is comprehensive and that no crucial details are overlooked, thus preventing future disputes or complications. 2. Contested Divorce Contrary to uncontested divorce, a contested divorce occurs when spouses cannot come to an agreement on one or more critical issues. These disputes often lead to court proceedings and can be lengthy and emotionally taxing. In a contested divorce, a skilled attorney becomes crucial in protecting your rights, ensuring a fair outcome, and representing your interests in court. Dawn Renken’s experience in contested divorces allows her to navigate the intricacies of Texas divorce law effectively. Her insight into the legal system can prove invaluable in resolving complex disputes and advocating for your rights. 3. Collaborative Divorce Collaborative divorce is an alternative to traditional courtroom battles. In this process, both parties work together with their attorneys to reach a mutually beneficial settlement. This approach can save time and money while preserving relationships and reducing emotional stress, especially when children are involved. An experienced attorney like Dawn Renken can help you through this process by providing legal advice and ensuring that all legal requirements are met. Their guidance can lead to a more amicable resolution, which is especially important when co-parenting in the future. 4. Mediated Divorce Mediation is another non-adversarial option for couples who wish to avoid the courtroom. In a mediated divorce, a neutral third party, often a certified mediator, helps couples negotiate and reach an agreement. This approach encourages open communication and collaboration while addressing concerns and needs of both parties. Having a divorce attorney like Dawn Renken on your side during mediation can be advantageous. Her legal expertise ensures that your rights are protected and that any agreements made align with Texas divorce laws. Additionally, her presence can provide guidance and reassurance during a potentially challenging process. 5. Default Divorce In some cases, one spouse may not participate in the divorce process or may be unreachable. In such instances, Texas law allows for a default divorce. This process typically moves forward with minimal involvement from the absent spouse, making it necessary to ensure all legal steps are correctly followed. An experienced attorney like Dawn Renken can help you navigate a default divorce to ensure that all legal requirements are met, minimizing the risk of complications down the road. Her guidance can expedite the process and provide you with the resolution you seek, even in the absence of cooperation from your spouse. 6. No-Fault Divorce Texas allows for “no-fault” divorces, which means that neither party has to prove wrongdoing or assign blame for the marriage’s dissolution. Instead, one or both parties can simply state that the marriage has become insupportable due to discord or conflict of personalities. While a no-fault divorce may seem straightforward, an experienced attorney can help ensure that this process is executed correctly and that the necessary legal documents are filed. Dawn Renken’s expertise can prevent any issues that might arise from improperly handling the paperwork. 7. Fault Divorce Although Texas recognizes no-fault divorces, some situations may warrant pursuing a fault divorce. Grounds for fault divorce in Texas can include adultery, cruelty, abandonment, or a felony conviction. This type of divorce typically requires the gathering of evidence to support the allegations of fault. Dawn Renken’s experience as a divorce attorney can be invaluable in building a strong case for a fault divorce. Her knowledge of the legal requirements and procedures ensures that your claims are well-substantiated and your interests are protected. 8. Annulment An annulment is different from a divorce, as it legally declares a marriage void or null from the beginning. Grounds for annulment in Texas include bigamy, impotence, fraud, or underage marriage. An annulment can be a complex process, and having an experienced attorney is crucial to present a convincing case before the court. Dawn Renken’s experience and legal acumen can be instrumental in successfully pursuing an annulment in Texas. Her expertise in the intricacies of the legal system can guide you through the process and ensure your interests are protected.

What Is Divorce Mediation? For couples that have come to the decision together to divorce, mediation provides an alternative method than traditional courtroom divorces. Mediation involves a neutral third party: the mediator. The mediator works to help both spouses work through divorce issues and communicate while trying to make decisions that impact their futures. Divorce mediation has become increasingly more popular because it is private, affordable, and allows both parties to have more control over the final outcome of their divorce agreement. Divorce mediation is a great option for divorcing couples where both parties are willing to put their emotions aside and work together to amicably end the marriage. Family law attorney, Dawn Renken is a licensed mediator who can provide helpful legal advice throughout your divorce case. This includes resolving disputes, creating a child custody schedule, settling on child support payments, property divisions, and much more. Why Choose to Mediate Your Divorce? Although judges often order divorcing couples to participate in mediation before going to trial, you have the option of mediating on your own—either before you file for divorce or at any time after. Mediating your divorce has a lot of advantages over litigating it (fighting it out in court). ost. Mediation is much less expensive than a trial. Settling the case. Most mediations end in settlement of all of the issues in the divorce. Confidentiality. Mediation is confidential, with no public record of what goes on in your sessions. Freedom. Mediation allows you to arrive at a resolution based on your own ideas of what is fair in your situation, rather than having a solution imposed upon you based on rigid and impersonal legal principles. Advice still available. You can go to mediation and still choose to have a lawyer give you legal advice. Control. You and your spouse—not the court—control the process. Communication. The mediation process encourages communication between you and your spouse, helping you avoid future conflicts. Successful mediation makes the rest of your divorce easier: Because you’ve done all the hard work of hammering out the details in the mediation, you can file an “uncontested” divorce. Uncontested divorces are usually less expensive and faster than litigated divorces (divorces where the couple battles in court). With an uncontested divorce, you’ll save money on attorneys’ fees and the costs of going to trial. Also, many courts fast-track uncontested cases because everything has been worked out in advance, meaning that a judge will be able to finalize your divorce faster than if you’d gone to trial. There are many reasons that make divorce mediation attractive to couples but it is not for everyone. In order to have a successfully mediated divorce, both parties must be willing to work together and compromise in a civil exchange to come to an agreement. Reaching an amicable divorce can be difficult in relationships where spouses do not share similar goals or ideas about property division, child custody, or other important aspects of their divorce. Additionally, in situations where emotions are high and discussions are strained, mediation may not be the most efficient manner to reach a divorce agreement. There are other options such as collaborative divorce, arbitration, and of course litigation for couples that mediation does not work for. Contact us today to get the answers you are looking for about divorce in Houston, TX and surrounding areas. Experienced Family Law Attorney in Houston, TX Our team proudly serves the Greater Houston area. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Our team is dedicated to helping you and your family move forward without legal matters complicating your life. Contact our law office to explore your options for traditional marriage divorce and common law divorce, and find out how we can help you resolve any legal problems you are currently facing.

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