When going through a divorce, in addition to devoting the necessary time and attention to the divorce process, it is also important to consider how your divorce impacts your estate plan. In Texas, getting divorced automatically impacts certain aspects of your estate plan, but not others, and these automatic impacts will not necessarily reflect your final wishes.

Getting divorced involves several issues, some of which are more complicated than others, but all of which require your attention during the process. While most people are familiar with the main issues involved in the divorce process (i.e. dividing marital assets and establishing child support and child custody), in McKinney divorce lawyers’ experience, there are a number of issues that spouses tend to overlook as well.

If you are considering a divorce, one of your first major steps will be to sit down with a divorce lawyer to discuss your personal situation and the options you have available. To get the most out of this initial consultation, there are some useful steps you can take to prepare. While these steps are by no means mandatory, the more information you can bring to the table, the more personalized advice your attorney will be able to give you about your divorce.

Whether you are in your 20s or your 90s, whether you are married or single, whether you have children or not, it is a good idea to have a will. Estate planning is in many ways about preparing for the unexpected; and, if you do not have an estate plan, your family members will face unnecessary expenses and likely some extremely-challenging decisions should you die or become incapacitated.

It’s official: If you live in Texas and you are planning to file for divorce, your divorce will not be final until sometime in 2020. Texas currently has a 60-day waiting period (or “cooling off”) period for getting divorced from the time of the initial divorce filing. So, if don’t file on or before November 1, your marriage will last into the coming year.

Regardless of your family and financial circumstances, your estate plan should be unique to you. When you get into the details, there is no such thing as a “standard” estate plan, and failing to give due consideration to the factors that make your life unique can lead to creation of an estate plan that does not accurately reflect your final wishes or adequately protect your loved ones from unnecessary costs and uncertainty.

Whether you have been putting off putting together an estate plan or you currently have a plan in place, the end of the year is a good time to reevaluate your estate planning needs. From changes in family or health circumstances throughout the year to gifts during the holiday season, various events and activities can potentially have implications for your estate plan. Addressing them now will allow you to ring in 2020 knowing what you and your loved ones can expect with regard to things like taxes, health care decision-making and preserving your assets for future generations. Here are five tips from our McKinney estate planning lawyers:

According to an article published by USA Today, January has been unofficially designated as “Divorce Month.” Data from various sources indicate that divorce rates in the United States peak in January and August – just after the winter holiday season and summer break.

Like most states, Texas law requires custody determinations to be based on the best interest of the child. While this seems like a broad and somewhat vague standard, there are specific factors the court will likely consider, including parental ability, the physical and emotional needs of the child now and in the future, and programs available to assist the parent and the children. As McKinney child custody attorneys, we are experienced in handling complex custody matters and advising our clients how to establish each of the factors the court will consider in determining custody.

The legal right of a non-custodial parent to spend time with his or her children and to now their whereabouts are commonly referred to as “access and visitation” or “possession.” As McKinney family lawyers, we are experienced in helping our clients to understand their parental rights and duties.