August 2003

Newsletter for August 2003

The Law Office of Zoe Meigs, P.C.

(817) 336-2325

Wednesday becomes Thursday under new Standard Possession Order

New Standard Visitation Schedule in Effect September 1, 2003

The Texas Standard Possession Order in the Texas Family Code currently provides the visitation schedule that is used in most Texas divorces.  Currently, in addition to its weekend and holiday provisions, the Standard Possession Order provides that the parent who does not have custody of the child is able to have possession of the child on Wednesday evenings during the school year from 6 p.m. to 8 p.m. or Wednesday overnight to the time school begins on Thursday mornings during the school year. 

The Texas legislature has changed the Standard Possession Order so that the evening or overnight during the week is on Thursday instead of Wednesday.  This change will only affect orders and decrees that expressly incorporate the revised Standard Possession Order.  Note that if the non-custodial parent chooses the expanded Standard Possession order, that under the new SPO, he or she could have the child from Thursday after school to Monday morning with a return to school on the first, third and fifth weekends during the school year.

Post-Divorce: Change Those Beneficiaries

Did you ever think about what would happen if you got divorced but you died before you could change the beneficiary on your will or your life insurance policy.  For most people, the last person they would want to benefit from any of these assets is the ex-spouse.  The Texas legislature has taken care of that thorny problem for the procrastinators among us.  It is the "redesignation statute," Section 9.302 of the Texas Family Code.  That section provides that any designation of a former spouse (who is a former spouse at the time of the death of the account owner or testator) in life insurance policies or wills is rendered ineffective by a subsequent divorce. 

So if Joe made Betty his beneficiary in his will prior to their divorce and Joe dies after their divorce, but before he has a chance to change the beneficiary, Betty does not inherit. The law is helpful, but don't use that as another reason to put off having your will updated after your divorce.  My officemate, Ken Stringer, can help you with that at a reasonable cost.  See his site at www.stringerlaw.com