6034 West Courtyard Drive, Suite 100, Austin, TX 78730
Call Us Today
512-610-6199
Recent Blog Posts
Maintaining Financial Solvency Through Divorce
The cost of divorce doesn't always just refer to the price tag for an attorney's services. Especially for marriages in which one spouse was the primary earner, the process of sorting out the financials is difficult and sometimes complicated. Oftentimes women get stuck with a financial burden that's too much to bear. Knowing what to do before a divorce is essential for either spouse, but it's especially important that the non-primary earner take steps before a divorce to maintain financial solvency after the split. According to WIFE.org, "divorce is the largest single financial transaction of most people's lives." Important first steps include canceling all joint accounts and opening private accounts that your spouse doesn't have access to. In the same vein, before you separate (especially if the divorce is your idea, it's not necessarily slated to be amicable, and you're not the primary earner) WIFE.org suggests to "use joint funds to repair your automobile and home, buy clothes for yourself and your children, and other family expenses." Starting off the split with joint expenses paid will save arguments down the line as to who should be responsible for paying them. 
Mismatched Sex Lives Lead to 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. 
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.
Gay Marriage Overcomes Another Obstacle
On June 26, 2013, the U.S. Supreme Court issued a ruling that effectively abolished the Defense of Marriage Act ("DOMA") that president Bill Clinton signed into law in 1996. Although President Clinton stated that DOMA would have a limited impact, it became a major headache for gay couples who were denied benefits available to heterosexual couples. It was only a matter of time until someone would challenge this type of blatant government-sponsored sexual discrimination.
The case in front of the Supreme Court involved two women who lived together for nearly four decades. After getting married in Canada, they moved to New York, were they lived happily married until one spouse passed away. The issue became whether federal inheritance tax exemption would exempt the inheritance left to the surviving spouse as it would in a so-called traditional marriage. The Obama administration agreed that the gay couple should be treated in the same way as a heterosexual couple would in the same situation. Although the Obama administration agreed to refund the tax, it still asked the Supreme Court for a definite ruling on the matter. In a crucial fifth vote, Justice Kennedy sided with the Court's liberal group to hold that the DOMA-mandated discrimination was unconstitutional.
Texas Adoptions
Adoption plays a significant part in the life of Texas families. Adoption creates a parent-child relationship between the child and the adoptive parents for all purposes. Once the adoption is finalized, the adopted child is entitled to inherit from and through the adoptive partners as though the child were their biological child. Obviously, the opposite also holds true. That is, once the adoption is finalized, the adopting parent is responsible for the adopted child as though the child were their biological child. This means that in cases of divorce, the parent may be responsible for things like child support and other costs.
Texas has some specific requirements before an adoption can proceed. The child has to be residing in the state, and the parent-child relationship with the original biological parents is terminated (or in the process thereof). The Texas adoption statute provides for some additional scenarios where adoptions are possible.
Qualified adopting parents commence an adoption by filing a petition, which must meet certain prerequisites. In connection with the adoption, relevant agencies will conduct a pre-adoptive home screening and post-placement report.
Spousal support in Texas
Many factors contribute to determining spousal support in Texas. These support payments may also alter other parts of the divorce agreement, such as property distribution. If an agreement on this issue is unable to be reached between spouses in Texas, the District Court will order the spousal support considering many factors before making a final decision. The court must decide the amount, duration, the nature, and the style of the periodic payments that will go from one spouse to the other based on the following factors:
- The education level and job skills of each spouse
- The efforts put forth by the spouse seeking support to pursue available employment
- The ability to meet the personal needs of the spouse who must potentially pay the support
- The financial resources of each of the spouses
- The financial resources of the spouse who is seeking the spousal support, including any and all community and separate property liabilities given to that spouse in the divorce settlement, along with that spouse's ability to meet his or her own needs independently, without support
What is a Guardian ad Litem, Anyway?
A divorce court appoints Gardians ad Litem, or GALs, to represent the best interest of a child during their parents' divorce. If a divorce goes smoothly, the parties, usually through their attorneys, are able to reach a mutually acceptable custody arrangement. However, it is not uncommon for divorces to turn even the most amicable parties into ferocious adversaries with children caught in the middle. 
If the divorce is hotly contested and there are children involved, there is a fear that there is an inherent risk that the parties do not have the child's best in mind. For example, in a fight over split custody, one parent may accuse the other of having an unsanitary or dangerous house that is unfit for children. Obviously, this is an allegation and it may or may not be true, but most judges will not disregard a potential source of harm to a child. This often results in divorce judges being faced with competing stories, each told with the emotion and ardor that usually accompanies divorce cases. What is a judge to do? Enter the GAL. The judge will appoint a GAL to act as an advocate for the child and ensure that the ultimate resolution is in the best interest of the child. In the example above, the GAL would probably inspect the residence to substantiate the allegation and report the findings to the judge. Again, the goal is not to prove which parent is telling the truth or lying, but to ensure that the child is in a safe place. The Texas Guardian ad Litem statutes, Texas Family Code §107.001 at seq., set forth the powers and duties of a GALs. If a judge orders a GAL to represent a child, it is very important that you have an experienced Texas family law attorney on your side to ensure that your interests are represented adequately.
Bad Connections: Linking Depression to an Unsupportive Spouse
A recent research study highlights the connection between individuals feeling depressed and a lack of support from their spouse. The study found a strong link between the relationships that an individual has with their loved ones and their likelihood of experiencing depression in the future. There's a strong association between fighting and lack of support early on and emotional problems for the individuals in the future.
Anyone who noted strain on their current marriage or relationship was much more likely to face depression later on. Knowing about the signals of a bad marriage can help a person know when it's time to file for divorce. A strained marriage can put a lot of pressure on not only the people in the marriage, but their children and other loved ones as well. A lack of support can have a serious impact on the other spouse, including emotional problems and issues making new friends. This kind of problem can also cause resentment to build within the marriage. What is unique about this study is that those without a spouse did not face any increased risk of depression down the line.
What is Considered Child Abuse?
There is much debate among parents, kids, and awareness groups when it comes to child abuse. However, Texas law does define child abuse. Chapter 261 of the Texas Family Code states that child abuse is considered anything that is an act or omission of an act that directly endangers or in some way impairs the child's physical, mental, or emotional health. Child abuse is always a major concern when the issue of child custody is discussed in family court and is a major determination in the custody hearing.
Child abuse can be physical, emotional, verbal, or sexual. While a parent is within their right to "reasonably" discipline the child, the penal code does protect the child against sustaining substantial harm.
Physical abuse can usually be recognized on sight. Physical abuse takes place when the child is hit, kicked, burned, cut, choked, or otherwise physically harmed by another person. Corporal punishment is considered abusive if there is an injury involved. Many abused children make excuses for the injuries such as saying that they had an accident, they were playing, or that they are just clumsy. There will not be a reasonable explanation for the injury and the injuries will often be recurring.
Emotional injury is harder to detect. Emotional injury is usually inflicted via verbal assault on the child. The abuser may call the child names, belittle the child, threaten the child, or blame the child for things that they have no control over. Children who are verbally abused may also verbally lash out at friends or siblings, they may be socially withdrawn, or act out in other ways.
Neglect is another form of abuse. A neglected child is often left at home alone and may be placed at substantial risk because the caregiver has not arranged for the proper care of the child. The definitions of abuse and the types of abuse can vary greatly. If you suspect that your ex-spouse is abusive, an experienced Austin family law attorney can help you get full custody of the children.
Image courtesy of David Castillo Dominici/freedigitalphotos.net
Divorce and Adolescent Children
Divorced parents may wonder whether their adolescent children behave the way they do because they are just at that age or because of the divorce. The truth is that it may be both, according to an article in the Huffington Post.
The teen years are a time when many kids start to become independent and establish an identity for themselves. This process won't simply happen overnight. In adolescence, children often begin to challenge their parents over chores and other tasks. But if a parent has built a reasonably good relationship with his or her child in the past, it is more likely that their relationship will continue to be civil.
Divorce often makes home life more difficult. Parents have their own worries to deal with and they may be stressed about being a single parent. The loss of the family unit greatly affects both parents and teens. While it may be relieving that they don't have to see their parents' fights any longer, many teens experience other problems in the aftermath of a divorce.
The Importance of a Prenup
Marriage vows end with "Til death do us part". But just in case it doesn't work out that way, it's always good to have a prenup.
A prenuptial agreement is a plan that addresses the financial consequences if a marriage does end. There are many important reasons why couples should have one in place before the wedding. If one of the parties is wealthy and the other is not, it protects both in the event of a divorce, by clearly spelling out what each party is entitled to upon the dissolution of the marriage.
If one party is bringing a high load of debt into the marriage, a prenup can help make sure the other spouse doesn't become responsible for paying those debts if the marriage ends.
When one of the couple owns a business, a prenup ensures that an ex-spouse does not become a permanent business partner. Prenups also help keep prior estate plans in place.
Contact Us Today
Set up a consultation by filling out the form below:
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
