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Texas Divorce Code, grounds for divorce, Texas divorce lawyer, Austin divorce lawyerAlthough Texas does allow for no-fault divorces, the Texas Family Code also allows for fault ground divorces. One of those grounds is adultery. In TFC  6.003, adultery in a divorce proceeding is defined as "voluntary sexual intercourse of a married person with one not the husband or wife of the offender". It's important to note even after the parties have separated and divorce has been filed, any acts would still legally be considered adultery.

Accusations of adultery are not enough to bring to court. You must provide solid evidence of the adultery. Text messages, emails, receipts, photos and any other evidence should be gathered and presented to the court. Adultery is also grounds for a judge to award a disproportionate award of the marital estate. TFC 7.001  states, "In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage." In a recent case that occurred in The Woodlands, an appeals court awarded the wife 81 percent of the marital estate after she proved that her husband had committed adultery. The couple decided to separate in March and the wife moved out of the marital home. The wife had hoped to reconcile and suggested counseling, which the husband refused. In June, she suspected he was having an affair, but really had no evidence at this point. The wife filed for divorce in August. In September, after finding another woman's underthings in the master bedroom of the marital home, the woman hired an investigator to gather proof of the husband's infidelity. Although the wife had already moved out and filed for divorce before she was able to obtain evidence that her husband was cheating, the court ruled that the husband was at fault for the breakup of the marriage.  The marital estate was worth $1.6 million. The wife received over $1.3 million and the husband received a little over $300,000. If you have discovered your spouse has been cheating and you are considering a divorce, contact an experience Austin family law attorney to make sure you receive the divorce settlement that you deserve.

divorce settlement, debt, jail, Austin divorce lawyer, Austin divorce attorneyOn April 25, 2013, Cherilyn Kinney, of Hunt County Texas was granted a divorce from her husband Robert Kinney. The final decree was May 22, 2013. As part of the divorce settlement, Cherilyn was to pay Robert $40,000. This amount was referred to as a debt in the settlement paperwork. The divorce judge gave her six months to pay the funds to Robert. The final due date was on November 22, 2013.

On November 23, 2013, because Cherilyn had failed to make the payment, Robert filed a contempt of court charge against her. A hearing was held on February 7, 2014, and the judge found Cherilyn in contempt. He ordered her held at the Hunt County jail until the entire $40,000 payment was made.

Her attorneys immediately filed a writ of habeas corpus with the Appeals Court in Dallas. Habeas corpus means a person is required to be brought before a judge or court who can decide if the person is being detained or held unlawfully or without just cause.

 The Appeals Court threw out the lower court's contempt order. In making its ruling, the court cited three Texas laws:

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Posted on in Divorce

after divorce, Texas family law attorney, moving on after divorce, divorce decree, filing for divorce, No matter the circumstances, divorce is a scary and emotional process to go through. After constantly being one-half of a couple for so long, it can be difficult to start fresh and be single again. However, there are several steps you can take to make the transition easier.

First, do not waste time with regret. You have no way to go back and change what happened with you and your ex, but you do have the option to get back out there and start living the life you want. And you can begin by getting all of the required paperwork in order, so that your divorce can be finalized quickly and it can become a reality for which you can adjust.

Second, easing into a new lifestyle is difficult and overwhelming, but it can become manageable when you have the right people behind you every step of the way. According to Dr. Phil, it is critical that you put together a "support squad" composed of friends, family members, co-workers, and anyone else that can provide you with encouragement, support, and guidance. People enjoy being asked for help, so do not hesitate to reach out. Find those you can speak openly to without feeling judged. Finally, rediscover old passions and explore new ones. Now that you are on your own, you have a chance to create the life you always wanted. Perhaps you enjoyed a hobby before you met your ex-spouse, but once you got married he or she did not support it and you pushed it aside. Now is the time to reconnect with the passions that make you happy, and through these passions you can embrace your new life after divorce. No matter what advice you take, moving on after divorce will not be a walk in the park. However, you can manage the pain and work through it by taking the right steps. If you or someone you know is contemplating divorce, feel free to contact an experienced Texas family law attorney to assist you with the process.

Posted on in Divorce

infidelity social media cheating divorceWhile every newlywed couple would like to believe that their marriage will beat the odds and last forever, nearly 50 percent of all married couples end up filing for divorce. After years of studying both successful and failed marriages, the American Psychological Association has identified several factors that may indicate a marriage is more likely to end in divorce.

 According to the National Center for Health Statistics (NCHS), demographics may play an important role in predicting whether a marriage will last until its 20th wedding anniversary. Statistics show that African-American women have the lowest chance of a lasting marriage, at 37 percent, while Caucasian men and women, as well as African-American men's chances stand at just over 50 percent. Male Hispanic immigrants and Asian women stand the highest chance of achieving a lasting marriage, at 70 percent.

A couple's financial situation also plays a vital role in determining whether the marriage will last. According to a study completed by the University of Virginia's National Marriage Project, couples with little or no assets are as much as 70 percent more likely to divorce within three years than those who have at least $10,000 in assets. This comes as little surprise to most marital therapists, who state that money and finances represent the most common source of tension in most marriages.

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Posted on in Divorce

The holidays can be stressful for everyone. The season is spent buying expensive presents, travelling in cold weather and spending time with family members. These stresses can further divide married couples who may have relationship problems throughout the whole year. But couples often stick together through the holidays even if their relationship has run its course.  That phenomenon has lead attorneys to call January "divorce month".

Divorce SeasonResearch has also shown that January is the month to consider filing for divorce. An analysis by FindLaw.com has shown that between 2008 and 2011 there was an increase in divorce filings in the month of January. This increase sees an apex in the month of March and then tends back down through the rest of the year until September when it increases again.

The website also looked at search activity for their website and found a similar increase in the month of January. Phrases like "divorce", "family law" and "child custody" increased 50 percent from the month of December to the month of January. This increase peaked in the month of March. If people are not filing for divorce, they are at least considering the possibility.

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