Dallas Divorce Law Blog : Dallas Texas Divorce Lawyer & Attorney : O'Neil Anderson Law Firm : TX Child Support & Custody Issues

I recently had a potential new client ask me how long they have to wait before the court can enter a divorce decree.  As a Dallas divorce attorney, I get this question a good bit.  Because of the frequency I receive this questions, I felt it would be a good idea to post the basis of Texas family law jurisdiction and the "waiting period" required before a court can enter a divorce decree.  

A suit for divorce must be filed in a county where the suit can be properly maintained.  Under the Texas Family Code, a suit for divorce is proper in the county where the parties have lived for the past 90 days.  In addition to the 90 day requirement, at least one of the parties has to have been a resident of Texas for the past 6 months.  Note that only one party to the divorce is required to meet the 6 month and 90 day residency requirements in order to bring a suit for divorce. 

Once the residency requirements are met, the next step is to file a suit for divorce in the appropriate county.  Once the suit is on file for at least 60 days, the court can enter a final decree of divorce. 

In sum, assuming the residency requirements are satisfied, the "quickest" someone can get a divorce in Texas is 60 days after they have filed their suit for divorce. 

• Email This
• Print
• Comments (1)
• Trackbacks

As Dallas Divorce Lawyer, I frequently am asked questions that touch on "legal separation" and its place in Texas family law.  Texas law does not recognize legal separation as a status, so in Texas, you're either married you are aren't.  The other day I had someone ask me whether she could marry someone who was legally separated from his spouse in another state.  To answer this question, we need to look at who can and cannot get married in Texas.

Under the Texas Family Code, same-sex couples, persons related to each other, and currently married persons cannot get married.  Under the question presented, the answer hinges on whether a person who is legally separated in another state is still consider "married" for purposes of Texas law.  Because Texas does not recognize legal separation as a status, then the person seeking marriage is still technically married to their "former" spouse in the jurisdiction they are legally separated in.  Therefore, the marriage cannot occur.

Under Texas law, a marriage is considered void and of no effect if either party to the marriage is currently married.  As a side bar, there is one small exception to this rule -- couples who are currently married to each other can obtain a marriage license.  In essence this exception allows couples to "legally" renew their wedding vows. 

• Email This
• Print
• Comments
• Trackbacks

Dallas County is one of several counties that has statutory probate courts.  In addition to statutory probate courts, Dallas County also has dedicated family district courts (some counties, i.e. Collin, have district courts of general jurisdiction).  Dallas divorce lawyers need to know that the jurisdiction between these two courts can sometimes overlap. 

In Dallas county, divorce suits are brought in the family district courts and suits pertaining to guardianship of an individual are brought in the probate court.  If a Dallas divorce case involves issues of guardianship, then under the Texas Probate Code, the probate court has jurisdiction to hear matters "appertaining to" or "incident to" the guardianship proceeding.  The effect of this is that the entire divorce proceeding can be transferred to the Dallas probate courts.

This overlap of jurisdiction can come up when one party to the divorce has been deemed incapacitated by the probate court and is seeking (or responding to) a divorce.  Another instance the overlap of jurisdiction can arise is when an adult disabled child has been declared incapacitated by the probate court and one of the parties to the divorce action is seeking adult disabled child support.  In addition to the Texas Probate Code, a provision of the Texas Family Code provides a probate court jurisdiction in a guardianship proceeding for the person after the person is an adult. 

Jurisdiction is a confusing area of the law, but it can make a huge impact on the outcome of a case.  Knowing which court you can have your matter heard in gives you additional options, and sometimes a more favorable outcome. 

• Email This
• Print
• Comments
• Trackbacks

A jury in Dallas County, Texas took on the basic meaning of "family" when considering where to place an 18-month old child in the custody of CPS because her father is in jail and her mother is deported.

The child has lived in the home of her foster parents since she was only days old. That is the only home she has known.  Yet, the jury awarded custody of the child to the child's paternal grandmother from Mexico, who had only recently come forward.  The grandmother has custody of two of the siblings of this child in Mexico.

The grandmother argued that she should have custody of the child because she is a blood relative and therefore "family" of the child.

The foster parents happen to be gay and have another adopted child.  They argued that they provided the real family, regardless of bloodlines, for the child for her entire life, so the child should remain with them.

So, what factors did the jury find important?  Was there some element of prejudice against the alternative lifestyle of the foster parents?  Or did the jury place more weight on the blood relationship between the child and her grandmother and siblings?

Hat tip to CBS 11 for this article.

• Email This
• Print
• Comments
• Trackbacks

Recently I came across a blog discussing tips to surviving a divorce.  Interestingly, the blog wasn't written by an attorney but the divorce survival tips all come back to one thing - the importance of hiring a good lawyer.  The blog has some good tips that apply to a divorce in Dallas Texas which I will outline in the order they were presented.

1. Hire a good divorce lawyer.  Hiring an attorney that is compatible with your personality is absolutely critical in protecting your rights and best interests during such a troubling time.  The right attorney serves not only as a mediator but also as an advocate of your interests.
2. Keep written records of everything.  Keeping a journal of who said what and when often shows which of the parties is more organized.  Also, written records of conversations are helpful during the division of community property.
3. Keep your cool.  Although this is a stressful time, keep in mind that everything you say or do is going to be looked at under a microscope.  If you lose your cool, you can stand to lose a lot.  Not only in terms of property, but also in custody determinations. 
4. Read everything.  Obviously, a good attorney will ensure that you understand everything relating to the division of property and custody issues.  However, never assume that just because your attorney reads everything that you are not responsible for doing the same.
5. No guilt trips.  This ties in closely with number three.  Remember, nobody likes a sneaky, passive aggressive person.  Communicate your concerns to your attorney in a direct manner.  Address any problems as they arise - not after everything has built up and is coming to a head.
6. Never use children as leverage.  All to often we see clients who put their interests (i.e. revenge) before those of their kids.  Remember that the divorce is not their fault, and that you have absolutely nothing to gain (but very much to lose) by using your children as a bargaining tool.

Although these may seem like common sense, it is easy to forget them during a divorce proceeding.  A good divorce attorney who clicks with your personality will help you remember them.

Our firm would like to help you with your divorce.  We represent people getting a divorce in Dallas, Collin, Denton, and Tarrant Counties in Texas.

• Email This
• Print
• Comments
• Trackbacks

Frequently we are asked what recourse is available when one spouse attempts to hide assets of the marital estate during a divorce.  Not only is such conduct highly unethical, it is fraudulent as well.  Typically a forensic accountant is called in to help search for hidden assets.  In our experiences, here are some reoccurring methods used to hide assets:

• Purchasing lavish antiques, artwork or hobby equipment.  Often times property such as this is overlooked and undervalued;
• Collusion with an employer to delay the payment of bonuses, stock options or raises;
• Setting up a custodial account in the name of a child;
• Repaying a "debt" to a family member or friend when such payments were no previously made;
• Salary paid to a non-existent employee if the spouse is a business owner;
• Money paid to close friends or family members for "business" services not actually rendered; and
• Investment in municipal bonds or Series EE Savings Bonds for which no interest is reported on tax returns.

If you suspect you spouse is hiding assets it is a good idea to review all financial records prior to filing for divorce.  If you are responding to a divorce we suggest you retain the services of a qualified forensic accountant.

• Email This
• Print
• Comments
• Trackbacks