Interesting article in Texas Lawyer this week about the effect of online impersonation having growing relevance in Texas family law. People are increasingly impersonating spouses, paramours, and others online out of spite or to gain leverage. In 2009, Texas made it illegal to pretend to be another person online to harass, stalk, or defraud someone. … Continue Reading
The Texas Legislature convenes every two years, with 2019 being one of those. Each session, proposed new laws get introduced that will affect family law in Texas. It is expected that a bill will be introduced to remove no fault divorce and require proof of fault grounds for all Texas divorce and extend the waiting … Continue Reading
The Tax Cuts and Jobs Act passed Congress last December and there is a lot of talk about how it will impact the tax situation for individuals. Few have considered the impact that the new law will have on divorce and child custody. (See How Will the New Tax Law Affect Your Divorce? ) Much … Continue Reading
A client recently asked about divorcing her husband who was pending felony criminal charges. Texas is generally a no-fault divorce state. This means that one spouse may seek and be granted a divorce based solely on the irreparable breakdown in the marriage relationship without showing anything else. However, Texas allows for a fault-based divorce decreed … Continue Reading
The Supreme Court recently issued an opinion parsing out the practical concerns at play in a post-divorce life insurance case. Specifically, in Sveen v. Melin, a former spouse designated as primary beneficiary in her ex-husband’s life-insurance policy urged the Court to dissect the constitutionality of a Minnesota statute that automatically revoked such designation upon divorce. … Continue Reading
Shareholder Michelle O’Neil was featured on DMagazine with her article Five Divorce Truths. Check it out! Here’s a synopsis of her five points: The divorce will take twice as long as you think it will. It is going to cost twice as much as you think it will. There will be bad feelings between you … Continue Reading
Happy International Women’s Day! Of the many big and small inequalities, we cannot overlook the right of a woman to end a difficult marriage. While divorce may be common place and social acceptable for women today, it has not been that way in history. Throughout modern time, divorce could only be granted if one spouse … Continue Reading
The sources of income for an older divorcing spouse can look very different from younger counterparts. Here are some considerations: Social security income: Social security is not a marital asset to be considered in the division of marital property. But, social security can be considered in examining a spouse’s cash flow for looking at property … Continue Reading
Divorces among clients over the age of 50 are becoming more prevalent as baby boomers age. They balk at the terms “gray divorce” or “senior citizens”. The best term to use may be “seasoned”, according to an article by Paula G. Kirby in the latest issue of the Family Advocate by ABA Section of Family … Continue Reading
Often I am reminded of the grief and loss that spouses must go through emotionally while I handle the legal aspects of the divorce. Sometimes, clients have already processed through the grief before they come to us and their point of acceptance makes handling the divorce from a logical, business standpoint much easier. However, frequently, … Continue Reading
Being emotionally prepared for divorce is a crucial part of working through the process. It is particularly difficult if one spouse is emotionally prepared and the other spouse is not ready yet. If you are not emotionally ready for divorce, then the emotion will be intertwined with the decision-making that must happen to effectively work … Continue Reading
You’ve been known as “Mrs. So-and-so” for a long time during your marriage. You went by a different name prior to your marriage. Who should you be after your divorce? Many women see their married name as a tie to the man they want to be done with, so they want to be rid of … Continue Reading
As people make new year’s resolutions to start their new year with a clean slate, some of the best Dallas, Texas family lawyers, as well as family law attorneys across the United States, report a rise of nearly one-third of new divorce filings in January. The American Academy of Matrimonial Lawyers confirms a spike of … Continue Reading
A state legislator from Fort Worth wants to make it harder to get a divorce in Texas. Rep. Matt Krause, R-Fort Worth, has filed a bill for the legislative session starting in January, proposing to require a party to state a fault reason for divorce or to remain separated for at least three years before … Continue Reading
This is another in my Super Simple FAQs series… What is adultery in Texas? Adultery is a legal term in Texas that means the voluntary sexual intercourse of a married person with one not the spouse. Texas Family Code § 6.003. Adultery does not have to occur pre-separation for it to be a ground for … Continue Reading
This post is a continuation of the discussion about the 12 Top Divorce Myths. Here’s the link to part one: Do the 12 divorce myths apply in Texas? Myth 7: You can avoid paying child support. Child support is a mandatory order in Texas and must be ordered absent extreme circumstances. If you are ordered to … Continue Reading
Do the 12 divorce myths apply in Texas? The Huffington Post ran an article recently about the 12 Top Divorce Myths. The article was written by Daniel Clement, renowned divorce lawyer in New York, and they all hold true in Texas divorces as well. My favorite myth is #8. Read on to learn why. Myth … Continue Reading
Making the decision to divorce is one of the hardest, most emotional decisions in a person’s life. Dealing with the heartbreak and disappointment that comes along with divorce can be enough to overwhelm the strongest person. Then, dealing with the legal issues of the breakup can push a person beyond where they thought their limit … Continue Reading
Most petitions for divorce or seeking relief in a suit affecting the parent child relationship in Texas include a request for a two-week temporary restraining order. This is intended to maintain the status quo and prevent one spouse from taking any action that harms the other until a hearing may be held. The temporary restraining … Continue Reading
We all have family members or friends who have been through divorce. Although societal stigmas may still exist to some extent, divorce is far less scandalous these days, and often viewed as something that just happens to some couples. If you are divorcing, this is a healthy perspective for you to take and remember as … Continue Reading
Texas Family Code section 6.4035 was amended to clarify the requirements of a waiver of citation for a divorce proceeding. Effective September 1, 2015, a waiver of citation in a divorce case must be signed before a notary public who is not an attorney in the lawsuit and it may not be signed by digital … Continue Reading
Effective September 1, 2015, digitized signatures will be accepted on pleadings or orders in proceedings for divorce and protective orders. The new law provides as follows: A digitized signature on an original petition under this title or any other pleading or order in a proceeding under this title satisfies the requirements for and imposes the duties … Continue Reading
A new law effective 9/1/15 expands the scope of prohibited actions that may be contained in a temporary restraining order granted during a Texas divorce proceeding. The laundry list of prohibited actions comes further into the 21st century, prohibiting parties from communicating and threatening each other via electronic voice transmission, video chat, or electronic messaging … Continue Reading
This case law update focuses on Alvarez v. Alvarez, an April 2015 case out of the San Antonio Court of Appeals. Husband filed for divorce on the no-fault grounds of insupportability. Wife answered but failed to appear at the final trial setting. At the default prove-up, Husband failed to state grounds for divorce. Generally, he … Continue Reading
