Archives: Divorce

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Online impersonation in Texas divorce suits

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

Changes from 2018 and looking ahead to 2019 for Texas family law

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

Fault or no fault — that is the question

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

Beneficiary designation after divorce invalid — law upheld by US Supreme Court

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

Income factors in evaluating financial life beyond divorce in an over-50 divorce

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

Stages of grief in losing a relationship to divorce

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

Are you ready for divorce?

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

What is adultery in Texas?

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

Do the 12 divorce myths apply in Texas? (part 2)

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? (part 1)

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

5 things you will wish you knew after your divorce

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

Does your Texas county have Standing orders in divorce and family law cases?

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

5 Tips for Planning for Divorce in Texas in the New Year

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 law courts accept digitized signatures for parties and lawyers in certain divorce cases

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

Standard divorce orders coming into 21st century

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