It happens far more often than you would think—a husband or wife unilaterally decides to file for divorce, but doesn't tell the spouse right away. Instead, he systematically starts to divert assets so that, when the divorce proceeding finally happens, those assets are nowhere to be found. In some situations, those assets may actually end up in offshore accounts. What can you do when you know your … [Read more...]
Potential Pitfalls of Seeking a Modification of Your Texas Divorce Decree
In Texas, as in all states, a divorce order is not necessarily set in stone. There are mechanisms in place that allow you to petition the court to amend the terms of your agreement. It can be a complex process and the courts don't consider such requests lightly. There are also other considerations that should make you think twice before you ask for a new divorce decree. Divorce modification … [Read more...]
Uncontested Divorce in Texas
If your marriage is over, it's a good chance that your inability to agree on much of anything contributed to its demise. However, if you and your ex can agree on the terms of your breakup, you may be able to expedite the process of divorce and save yourself some money at the same time. Texas allows parties to file an uncontested divorce proceeding under the following circumstances: You or … [Read more...]
The Collaborative Divorce Process in Texas
If your marriage is over, but you want to end things amicably, or if you need to maintain a positive relationship with your ex for the benefit of your minor children, the traditional divorce process may not be the best way to go. Instead, you may want to consider the collaborative approach to divorce. Here's how it works. In the collaborative approach, you and your former spouse each hire your … [Read more...]
Protecting Yourself in a Military Divorce
The divorce process can be a challenge for anyone, but when one or both of the parties are on active duty with a branch of the armed forces of the United States, there are a number of land mines just waiting for you. Here are some of the issues you need to address. Choosing the Best Place to File for Divorce In Texas, as in most states, there are residency requirements for filing divorce. … [Read more...]
Does Texas Recognize Legal Separation?
You may be having marital challenges, and feel like you need some time apart, but you're not ready to call it quits. Maybe you've heard of the concept of legal separation, but you don't know what it means and how it differs from divorce. Unfortunately, unlike most other states, Texas does not recognize legal separation. If you live separately for a period of time, that can be grounds for an … [Read more...]
The Grounds for Divorce in Texas
Though efforts have been made in recent months to eliminate the no-fault option for divorce in Texas, you can still seek to dissolve your marriage without stating specific grounds. However, there can be benefits to assessing fault in a divorce, particularly when it comes to custody, visitation and spousal support. Here are the causes that may legally be stated for the dissolution of a marriage in … [Read more...]
The Community Property Laws in Texas
One of the most challenging tasks you face during the divorce process is dividing the assets and debts accumulated or incurred during the marriage. In many states, which follow the principle of "equitable distribution," the court has to try to make a determination of what's "fair," often taking into a consideration a wide range of factors, including how long the parties were married, the age and … [Read more...]
Determining the Best Interests of the Child
In Texas, when you have filed for a divorce and there are minor children in the home, decisions will have be made regarding managing conservatorship (formerly custody) and access (formerly visitation). Under state law, the standard used to make those decisions is the "best interests of the child," an approach that promotes the mental, physical and emotional needs of the minor. Though the courts … [Read more...]
Protecting Yourself from a Violent Spouse or Ex
The statistics are sobering, three women are killed every day somewhere in the United States by a current or former spouse. More than 1,500 women killed in 2011 by men they knew and almost five million subjected to physical violence every year. While it's far and away typically a woman who is the victim—85% of reported cases of domestic abuse are from women who have been hurt—statistics also show … [Read more...]