Posted on January 22, 2013 in Contested Divorce

There are seven grounds, or reasons, for divorce available by Texas state law, and six of them require that there be a fault assigned to one party or the other. Only on the grounds of insupportability, "that the marriage can no longer continue because of disagreements or differences that cannot be resolved," can there be a no-fault ruling, according to WomensLaw.org. Any other reason for divorce requires that one spouse blame the other for the divorce. These reasons include cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital.

An at-fault divorce reason is used to determine the equitable distribution of property. "For that reason," according to Divorcenet.com, "you may want to include fault grounds in your petition for a divorce." That is to say, if you're shying away from an at-fault divorce in the interest of keeping things less messy, you could actually be harming your post-divorce life. Equitable property distribution assumes that any property or material items owned during the marriage is owned equally between the two parties. If you have separate property, according to Divorcenet.com, you "have to prove it by tracing it with clear and convincing evidence."

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 Posted on January 15, 2013 in Family Law

A major aspect of any divorce is the division of marital property. Tensions can run high especially if a decision was made a long time ago that one spouse would be the primary bread winner.  While the paychecks might have just one name, Texas is a community property state, meaning that all assets belong to both spouses equally.  The same is true for debts that the couple has acquired during the course of the marriage.

There are certain factors which may alter the ruling of a divorce court.  Some assets may be considered separate property from the estate that is divided during a divorce.  It is necessary to have strong and conclusive evidence that the assets are protected from division.  This can include property that one spouse has acquired before the wedding.  It can also be a gift or inheritance that was received by only one spouse during the marriage.

Another way that the division of property can be shifted in the favor of one spouse is through the court's decision.  During the distribution of assets, the court can look to the education, age and health of each partner which will give an indication of the earning potential of each separately.  They can also see who has custody of the children, who has more separate property, and who was the cause of the divorce.

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 Posted on January 09, 2013 in Family Law

A tragedy occurred in Kansas City on December 1^st, when the arguments of a couple left a 2 year old without parents.  Javon Belcher, a linebacker for the Kansas City Chiefs, argued with his girlfriend, Kasandra Perkins before a team meeting.  Perkins was the mother of his daughter, 4 year old Zoey Michelle Belcher.

The argument about the previous night was punctuated by gunshots; Belcher shot Perkins multiple times, kissed his daughter and then drove to Arrowhead Stadium.  He asked to see his head coach, Romeo Crennel and defensive coordinator Gary Gibbs.  After thanking them for trying to help and asking them to protect his daughter, he turned the gun on himself.

Authorities turned custody of Zoey Michelle to Cheryl Shepherd.  Shepherd, the mother of Belcher, was staying at her sons for two weeks prior to the devastating shooting.  Two weeks had passed when Shepherd filed to be Zoey's guardian and conservator of Zoey's estate in Jackson County probate court in Missouri.  Unfortunately, at this time, Shepherd no longer has custody of her granddaughter.

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 Posted on January 04, 2013 in Family Law

The father and stepmother of a San Antonio five-year-old boy were recently arrested in connection to his death. Recent details stated that the boy had only been in the couple's custody for six months.

Crystal Williams, 27, and Charleston Williams, 25, took Josiah Williams into custody after his biological mother was sent to prison. The couple now faces charges of felony injury to a child and it is unknown whether or not either of them has a lawyer.

Josiah was found unresponsive in his family's home on Thursday, December 27 with two black eyes, bruises, and cuts all over his body, according the arrest warrant affidavit. He also had gashes inside his lips and he showed signs of "prolonged malnutrition," which was proven later when it was found that the five-year-old boy weighed only 38 pounds.

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