Texas Divorce Business Evaluation - the Sole Proprietorship
By Earl N Jackson
Board Certified
Texas Board of Legal Specialization

In a sole proprietorship, the individual assets of the professional practice likely will be community property if acquired during the marriage; such assets are, therefore, subject to division by the court. See, e.g., Zeptner v. Zeptner, 111 S.W.3d 727, 738 (Tex.App.–Fort Worth 2003, no pet.) (equipment acquired during thevmarriage but used by the husband’s sole proprietorship was community property; the trial court erred by not characterizing the equipment as community property and by confirming it as the husband’s separate property; Butler v. Butler, 975 S.W.2d 765, 786 (Tex.App.–Corpus Christi 1998, no pet.) (the sole proprietorship’s furniture, fixtures, machinery, equipment, inventory, cash, accounts, goods, supplies, and all personal property used in connection with the operation of the business, were acquired during the marriage and were therefore community property).

The Texas Standard Possession Order

"For both parents and children, visitation is critical to maintaining a sense of connectedness both during and after a divorce. But in the early stages of family restructuring and co-parenting, it is frequently a source of conflict.

If former spouses want revenge, finding ways to spoil a visitation is easy. If they want to help their children through a difficult transition, they will find ways to make visitation successful.

For visitation to work, both parents need to accept and acknowledge that their children have two homes - one with their father and one with their mother. Parents need to make sure that their children are safe and comfortable in both places, even if they don't spend equal time there. They need to help make the transition from one home to the other smooth and calm. They also need to make sure they are being consistent in rules and discipline.


Constructive Parenting Goals

The following guidelines are examples of parenting goals that can help children grow into healthy, happy, whole people.

Both parents should encourage visitation to help their children grow in positive ways. Children need to know it is OK to love both parents.  In general, parents should treat each other with respect for their children's benefit. Each parent should respect the other's child-raising views by trying, when possible, to be consistent. For example, if one parent strongly opposes toy guns for small children, the other should take this into account when buying gifts Each parent is entitled to know where the children are during visitations. They should also know if the children are left with other people such as babysitters or friends when the other parent is not there. Parents should try to agree on their children's religious education, as well as who is responsible for overseeing it. Parents should tell each other their current addresses and home and work phone numbers. Both parents should realize that visita-tion schedules may change as children age and their needs change. 


Tips for Smooth Visitations

• Be as flexible as possible with schedules. 

• Treat your former spouse with respect. 

• Help children feel safe and comfortable in both homes. 

• Develop routines to give children a sense of security. 

• Maintain open communication lines with your former spouse. 

• Don't question your children's loyalty. 

• Help make the transition from one home to the other smooth and calm. 

• Discuss rules and discipline with your former spouse so you are consistent. 
  
  
  Visitation dos

The following suggestions represent strategies parents can use to achieve parenting goals.

• Be flexible about visitation schedules

• Give the other parent advance notice of changes in your schedule. 
  Remember to give the other parent your vacation schedule in advance. 
  Remember that your children may have plans that could affect your visitation schedule. 

• Make visitation a normal part of life

• Find activities that give you and your children an opportunity to build your relationship. Allow time together without planned activities just to "hang out." Provide a balance between fun and responsibility for your children. 

• Encourage visitation that includes grandparents and extended family. 

• Make sure your children have their own places in your home even if it is just part of a room so they feel it is also their home. Help your children meet other kids in your neighborhood so they have friends at both homes. Try to keep a routine schedule to help prepare your children for visitation. Have a checklist of items such as clothing and toys that your children need to take on visitations. If the children are old enough, they can help pack. If it's appropriate, allow your children to bring friends along occasionally. Spend individual time with each of your children. 

• Show respect for your former spouse and concern for your children.

• Be on time. 

• Inform your former spouse if a new person such as a babysitter or romantic partner will be part of the visitation. 

• Share changes in your address, home and work phone numbers, and in your job with your former spouse. 
  
  Visitation don'ts
  
  Some parents use visitation to achieve destructive goals. These are goals based on revenge, such as one parent hurting the other or disrupting his or her life. To achieve those goals, parents may use destructive behaviors that can create a more hostile environment and seriously damage relationships. Destructive strategies can be deeply hurtful to children caught in the middle.

Following are tips for avoiding destructive behavior.