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TX divorce lawyerDivorce is rarely without some degree of contention. However, some divorce cases are wrought with turmoil. In some situations, divorcing spouses become violent and abusive as the marriage ends. In other cases, the domestic violence was the initial cause of the divorce.

If you have found yourself in a situation where you fear for your safety or the safety of your children, consider getting a protective order. A protective order can prevent your spouse from coming near you and your children or contacting you through the phone, internet, or other means.

Magistrate’s Order of Emergency Protection

In Texas, a Magistrate’s Order of Emergency Protection may be mandatory. If your spouse inflicts serious bodily harm or uses a deadly weapon, an Order of Emergency Protection may be issued against the spouse. You can also request an order of protection if your spouse was arrested for a family violence offense, assault, or stalking.

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TX divorce lawyerGetting divorced involves much more than deciding to end the marriage. Divorcing couples must also address divorce issues like the division of marital property. Separating “yours” and “mine” during property division is often one of the most complicated aspects of the divorce case. This is especially true when a spouse owns intellectual property.

Intangible Property During Divorce

Certain assets are easy to value and divide in a divorce. However, determining the value and identity of intangible assets such as intellectual property is much more complicated. Whether you are an artist, author, software developer, or business owner, you may have questions about how intellectual property is addressed during a divorce.

Divorcing spouses in Texas have the right to design their own property division arrangement. Doing so may be time-consuming, but for many, this is a favorable alternative to court intervention. For example, one spouse may retain rights to the intellectual property and compensate the other spouse for his or her financial interest in the intellectual property using other assets. Spouses who wish to negotiate their own out-of-court marital property settlement should consult with an attorney who can advise them of their rights and options.

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TX divorce lawyerDivorce is rarely pretty, but some cases are uglier than others. Divorce involving infidelity, abuse, reckless spending, or a high degree of contention can be extremely taxing. In high-conflict divorce cases such as these, it can be hard to keep your cool. However, lashing out at your soon-to-be-ex or making rash decisions based on emotion will only hurt your chances of a favorable divorce outcome. If you are engaged in a high-conflict divorce, consider the following tips for staying calm and focusing on the big picture.

How to Stay Levelheaded in a High-Conflict Divorce

Any divorce can be stressful, but a high-conflict divorce can make you feel like you are losing your mind. If you are in the middle of a hostile separation or divorce, you may be feeling intense anger, frustration, and resentment. Your spouse may be doing everything possible to upset you and make the divorce process as difficult as possible. Unfortunately, you cannot change your spouse’s behavior, but you can change how you respond to the behavior.

Negotiate issues through your attorneys – If your spouse refuses to cooperate, resolving divorce disagreements through mediation or informal discussions may be impossible. You may need to negotiate a settlement through your respective attorneys.

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austin divorce lawyerIrresponsible gambling has destroyed the lives of many Texans, but the consequences of this behavior are, unfortunately, not restricted to the gamblers alone. A gambling addiction can take a serious toll on the relationship and finances of a couple, so much so that divorce is ultimately the only option. 

Gambling, and the secretive and wasteful behaviors associated with it, complicate divorces in Texas. If you plan to divorce a spouse with a gambling problem, it is important to protect your finances and gather evidence to support your case in court. 

What is Dissipation of Assets? 

Dissipation of assets occurs when one spouse wastes, profligately spends, or otherwise abuses a couple's shared marital assets. Dissipative behavior can be done out of spite or to hide assets for later use, but dissipation can also occur when money is recklessly spent for purposes unrelated to the marriage. Some examples of dissipative behavior include: 

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TX divorce lawyerIn recent years, many states have eliminated the option to file for divorce on fault-based grounds and transitioned entirely to no-fault divorces on the grounds of irreconcilable differences. In Texas, however, no-fault divorce and fault-based divorce both remain options. If you or your spouse chooses to file for a fault-based divorce, you should be sure to understand how this can affect the outcome of your resolution.

Fault-Based Grounds for Divorce

In order to file for a fault-based divorce in Texas, the filing spouse must be prepared to demonstrate that one or more of the following has occurred in the marriage:

  • Adultery - This means that a spouse has engaged in some sort of extramarital affair. The Texas Family Code used to specify valid defenses to a divorce on the grounds of adultery, but these defenses are no longer available except in rare cases in which reconciliation may be possible.
  • Cruelty - As grounds for divorce, cruelty is broadly defined. It could mean that a spouse has committed an act that is legally recognized as family violence, such as physical or sexual assault, or that a spouse has engaged in verbal or emotional abuse.
  • Abandonment - In order to qualify for divorce on the grounds of abandonment, one spouse must have intentionally left the other and stayed away for at least a year.
  • Conviction of felony - If a spouse has been convicted of a felony offense in Texas, and, as a result, has been imprisoned for at least a year, there may be grounds for a fault-based divorce.

Filing for divorce on fault-based grounds makes it much more likely that the divorce will be contested and that litigation will be necessary. Even if you have justification for filing for divorce on fault-based grounds, you may find that pursuing a no-fault divorce and working toward a settlement with your spouse is a better option.

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