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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 lawyerOnce a married couple decides to call it quits, they must address many financial issues including the division of marital assets and debts. For couples who were only married for a short period of time and those who own little property, this process is relatively simple. However, couples with significant wealth and complex assets will likely need to spend much more time addressing financial concerns during their divorce.

Factors That Can Complicate Property Division in Your Texas Divorce

Texas is a community property state. This means that Texas courts divide marital property evenly between the spouses. Spouses are also able to negotiate their own property division arrangement. However, when a marital estate contains complex assets, assets with hard-to-determine value, or assets with fluctuating value, the couple will likely need professional help to reach a fair division of property.

Some of the most common complicating factors in a high-asset divorce case include:

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TX divorce lawyerIf you are planning to get married, you may be interested in learning about the benefits of signing a prenuptial agreement or “prenup.” Prenuptial agreements or premarital agreements are largely misunderstood by the general public. Many people are unaware of the financial and personal benefits offered by prenuptial agreements.

Fortunately, more and more people are starting to realize that prenups offer practical solutions to a myriad of financial concerns. Prenuptial agreements are especially popular among the millennial generation. Many young people grew up with divorced parents and recognize that divorce is always a possibility – even in the most loving marriages. Read on to learn about the advantages of signing a prenuptial agreement when one or both partners have a high net worth.

Identifying Property as Marital or Non-Marital

Texas courts follow “community property” rules during a divorce case. This means that any property considered marital property is divided between the spouses. Separate property is assigned to the spouse that originally owned the property. Nearly every asset that a spouse acquires during the marriage is considered a marital property save for certain exceptions. Through a prenuptial agreement, you can designate property and debt as either marital or non-marital. This is especially beneficial for business owners who want to ensure that business interests are not lumped in with other marital property in a divorce.

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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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TX divorce lawyerDivorced parents face many unique obstacles and challenges that married parents never encounter. Not only do divorced parents have to find a way to co-parent their children effectively they may also encounter complex child custody disputes. One such dispute arises when a parent wishes to move out of state. If your ex is trying to move your child out of Texas, it is important to understand your rights and explore your legal options.

Child Relocations and Joint Managing Conservatorship

Texas courts presume that it is best for children to maintain a relationship with both of their parents. Unless there is a history of parental abuse, domestic violence, or neglect, courts typically prefer joint custody or “joint managing conservatorship” as it is called in Texas law. This means that both parents have a say in the child’s upbringing – including where the child lives. However, even if there is a joint managing conservatorship arrangement, one parent may be the primary parent or primary custodian.

Texas parenting plans usually place restrictions on where a primary parent may move a child. The parent may move to a neighboring county, for example, but not across the country. Parents who wish to move their child out of state typically need a court order to do so.

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TX divorce lawyerUnfortunately, extramarital relationships are not uncommon. Studies show that up to 70 percent of married people have cheated on their spouses. Of course, what counts as cheating may vary by person. Some people define adultery as having sexual relations with someone other than your partner. Others consider emotional infidelity or online relationships cheating as well. If your spouse cheated on you and you plan to divorce, it is important to learn about how the infidelity may impact the divorce case.

Texas Law Regarding Divorce and Adultery

Divorce laws vary by state. Texas is one of the few states that still has fault-based grounds for divorce. Adultery is one of those grounds. However, Texas law defines adultery as having sex with someone other than your spouse. Emotional affairs do not constitute adultery under the law.

If your spouse cheated on you, this may impact the property division process. Texas is a community property state. Marital property, meaning assets acquired during the marriage, are divided by the courts in a manner that is “just and right.” If your spouse had an affair or cheated, this may influence how the court divides property in your divorce. You may be entitled to a greater share of the marital estate. However, several other factors also influence property division including each spouse’s financial circumstances, the size of the marital estate, and divorce provisions involving children.

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Travis County Family Violence and Protective Order AttorneyThe unfortunate reality for many Texans who want to get a divorce is that fear of their spouse makes it feel impossible to leave an abusive relationship. Indeed, research has long supported the fact that victims of domestic violence are often at the most danger when they try to leave. 

Nobody should be trapped in a terrible marriage and forced to deal with domestic violence. This blog explores Texas’s special laws that are designed to protect victims and give them immediate and effective relief. If you are a victim of family violence in Texas and you hope to get divorced, there is hope. An experienced Texas divorce attorney can counsel you and help you explore your options. 

Protective Orders

Victims of domestic violence can file for a temporary restraining order (TRO) and other emergency protections to protect themselves and their children from their abuser. A protective order can prohibit abusers from coming within a certain distance of a person, their children, their home, or their workplace. Violating the restraining order carries serious penalties, including fines and jail time. Although a TRO is not a foolproof device, it can give spouses who need to leave time and space to strategize about their next steps. Under certain circumstances, a protective order can be continued indefinitely. 

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