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Plano divorce attorneysAccording to most experts, the overall divorce rate in the United States is on the decline. However, the divorce rate for individuals over age 50 has doubled in the last several decades. Older individuals who divorce deal with a much different set of challenges than younger couples. Furthermore, the financial impact of divorce is often much greater for older adults than younger adults. If you are over age 50 and you are considering divorce, make sure to keep the following considerations in mind.

Property Division in a “Gray Divorce”

Divorce involving spouses nearing retirement age has been nick-named “gray divorce.” Individuals in their 50s, 60s, and 70s, have decades worth of accumulated assets. Many individuals entering into a grey divorce also own complex assets like investments, real estate, small businesses, and professional practices. Whether property division is resolved through an out-of-court agreement or litigation, assets must be accurately valued before they can be divided.

In addition to valuing assets, the identity of the property must be determined. Per Texas law, property and debt that is accumulated by either spouse during the marriage is community property. Assets acquired through inheritance or gift are exceptions to this rule. Separate property includes property that a spouse owned prior to getting married. Both spouses are entitled to a fair share of property classified as community property.

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Texas family law attorneyEven when it is in the best interests of your family, divorce is a difficult topic for most kids. Concerns about family life are normal, in this case, and it is up to you to assuage your child's fears.  According to HealthyChildren.org, the way you break the news to your kids can have a huge impact on their feelings toward the matter. Here are a few methods you can use to talk to your children about divorce. 

Emphasize Safety and Security

While you should always communicate openly and honestly to kids, make sure they know are still safe and secure. Many children wrongfully assume that divorce means they did something wrong, which is extremely distressing. Instead, explains that their relationships with each parent will not change and that they will continue to receive the same amount of love and affection from their parents. 

Use Clear, Simple Language

This is especially important with younger children. You do not need to go into unnecessary details about your split, but you must provide clear information on what it means going forward. For example, if your spouse is leaving the family home, kids should know that as soon as possible. Gauge each child's maturity level to decide how to break the news. 

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Child Protective Services are words no parent wants to hear. The tumultuous feeling of having your child forcibly taken from you is one you never thought you would have.

Has a CPS worker contacted you about a complaint the department received about the alleged neglect or abuse of your child? Can they take away your child? Here are some facts about Child Protective Services.

1. What do they investigate?

CPS protects the rights of the child by investigating reports of child abuse or neglect. The state requires CPS to investigate all allegations it receives, whether those claims are true or false. Neglect is failing to provide the child such things as:

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After a divorce, you may experience hostility from your ex. In some cases, your former spouse may try to use your children against you. They may try to alienate you from your children.

According to Healthline, the term parental alienation syndrome became known in 1985. While not an official syndrome, it does refer to the mental health effects that children may suffer from because of one parents' actions.

How do children react to parental alienation?

If you fear your ex wants to alienate you, there are warning signs to look out for. One of the first signs is that your children will criticize you unfairly. They may not have strong evidence or justifications for the criticism but will not recognize that fact. Parental alienation causes children to lack ambivalence. They will not feel guilty or unsure about their feelings.

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Child custody may prove a divisive issue during divorce. Knowing how Texas law deals with custody may help keep tensions down.

State laws guide judges when it comes to deciding what type of custody a particular situation warrants. Learn more about some of these considerations to better prepare for it.

What is legal custody?

Texas law refers to legal custody as a conservatorship. The court may award joint or sole conservatorship. When a court looks at who should have custody over a child, it considers various factors, including:

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