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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.

rebound relationship, dating after divorce, life after divorce, Austin divorce lawyer, Texas divorceWhen going through a breakup, different people will offer different advice. Some will say that it is unfair to date a new person while still having feelings for an ex.  Other people will say that the best way to move on from a split is to start dating someone new. Now there is research to say that the second option is the healthier decision.

In a joint study between Queens College in New York City and the University of Illinois, researchers interviewed over 300 young adults. Some were in committed relationships and others were single. The researchers intended to study the effects of a rebound relationship on the well-being of the recently dumped. They published their findings in the Journal of Social and Personal Relationships.

In the scope of the study, a rebound relationship is understood as a relationship that is started quickly after the end of a serious romantic relationship, before the feelings for the ex are resolved. While it is a common occurrence, there was no scientific research examining the phenomenon.


Keeping your marriage healthy in order to avoid filing for divorce may depend on both parties in the couple completing some simple psychological exercises. As we head into the New Year, many couples will be making resolutions to work on themselves and their marriages; keeping these few simple thoughts in mind may help save your marriage.

healthy marriage According to the American Psychological Association (APA), nearly 50 percent of all marriages end in divorce. Couples who spend some time focusing on the following five psychological tasks set forth by the APA, however, stand a better chance of beating the odds. In order to help make a marriage work, couples should:

  • Establish a new identity as a couple that is separate, though not estranged from, the families they grew up in;
  • Establish boundaries that protect their individuality while still working on building a sense of intimacy and togetherness;
  • Establish a healthy and pleasurable sexual relationship, and then nourish and protect it against intrusions from family and stress
  • Continue to protect your intimacy and closeness as a couple even after the birth of children, while learning to deal with the stresses that parenthood brings;
  • Practice good communication as a way to establish the marriage as a safe haven from the stress and pressure of the world, where both parties are able to express their differences and frustrations.

Unfortunately, there are times when no amount of work, communication, or counseling can save a marriage. If you find yourself in a situation where you are considering filing for divorce, it is important that you have a qualified attorney on your side. Contact one of the experienced family law attorneys at Powers and Kerr, PLLC today. We can help ensure that your divorce proceeds smoothly and that you receive the custody, support and property that you are entitled to by law.

Posted on in Divorce

In the midst of all the tumultuous emotions connected to divorce, there's also the anxiety about breaking the news of your divorce to family, friends, and members of the community who might need to know. At a bare minimum, without know how to broach this situation, you might find yourself in some awkward situations. Knowing how to prepare yourself for this process can help to reduce those nerves and ensure the highest possibility for success.

LauraAuthor Constance Ahrons has identified several stages within the divorce process. The three stages at the outset of a divorce can be the most difficult to cope with, as there is a tremendous amount of change to manage. These three stages are the decision to divorce, the announcement of the divorce, and the actual separation itself.

When it comes time to tell family and friends about your decision, be prepared for the difficulty of this challenge. Unless your spouse was abusive or unusually cruel, there will be family members and friends who might be surprised by your decision and some may even want to argue over your choice. If you are able to, the best scenario is to sit down with your spouse and your family members to break the news together. You can work through what to say and come to an agreement on the presentation.


Posted on in Divorce

There are several reasons to get divorced. There are money issues, varying degrees of interest in starting a family, arguments about lifestyles and social events, and differences regarding where to live and what expectations are of a spouse. And yet there's one disagreement in which it's more difficult to find compromise than the rest—regarding each other's sexual preferences. According to Psychology Today, if "two people in a monogamous relationship are not in agreement on sexual matters—when to have it, where to have it, or how to have it—there is rarely a satisfactory compromise," unlike other arguments that can often be resolved with a little give and take on both sides. Mismatched Sex Lives Lead to Divorce IMAGE

Isadora Alman, writing for Psychology Today, says that at least to her, the obvious solution would seem to be to advise the members of the disagreeing couple to seek sexual satisfaction elsewhere, rather than trying to change something so deeply engrained. However, simple as this solution may seem on paper, "sadly, this is not a solution that works for many, if any," she says. While "a preference for a certain amount of sex at certain times and in particular ways can be modified by an act of will—sometimes," according to Alman, sometimes people in disparate relationships such as this need to seek what they crave elsewhere—even if they decide to remain monogamous. A need to be touched, for example, can be soothed by children, an affectionate pet, or massages. "One's partner does not have to satisfy all the person's emotional needs nor does sex have to carry the total burden of their expression," according to Alman.

And yet there may be some recourse for couples with mismatched sexual libidos and lifestyles, according to Alternet.org. One thing to try is to rethink the "circumstances in which you have sex," according to Alternet. "Look at the times and the circumstances when you've been having sex… and then look at the times and circumstances when you want to have sex. Then try to tailor your sex life around the times and situations when you're feeling frisky."


Posted on in Divorce

According to top10stop.com, Texas has the second highest number of divorces in the country on average each year, at 77,000. That number, of course, is inflated due to the large population of Texas—the only state not in the top five number of divorces included in the top five population is California—but it still means that a large percentage of Texans face divorce each year. According to the Texas Vital Statistics Unit (VSU), a unit of the Texas Department of State Health Services, the crude divorce rate in the state increased slightly from 3.3 per 1,000 residents in 2005 to 3.4 per 1,000 residents in 2006. There were 79,469 divorces in the state in 2006. Divorce in Texas- The Basics

The procedure for filing for divorce in Texas is more or less standard when compared to other states. The most important first step if you're considering divorce is to contact a Texas divorce attorney, because no matter how much research you do, divorce is a complicated process best undergone with the assistance of a professional. According to divorcenet.com, the second step of filing for divorce in Texas is for one spouse to file an Original Petition for Divorce with the court. At that time, the spouse can file a temporary restraining order if necessary. If no restraining order was filed, the other spouse has 20 days to file an "Answer." In that 20-day period, it's imperative that the non-filing spouse also obtains a qualified attorney—even if he or she is reluctant for the divorce.

The next step is one of "discovery," in which both spouses exchange information and documents pertaining to finances, assets, etc. The case then, hopefully, reaches a settlement, but if a settlement cannot be reached the case goes to court. In Texas, both spouses are required to attempt mediation before the case goes to court. According to divorcenet.com, "mediation is an informal process allowing the divorcing couple to work with a neutral third party (the mediator) to negotiate and settle all terms of their conflict.

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