The clause forbids anyone in a dating or intimate relationship with the former spouse, or who is not related to her by blood or marriage, may not be at her residence after 9:00 p.m. when her children are present. Because same-sex couples are not allowed to marry in Texas, the woman’s long-term partner falls into those categories and is being forced to move out.
]]> Often, these clauses go unenforced and only remain in divorce papers as a vestige of an earlier time when cohabiting was less socially acceptable. As cohabitation becomes more common these clauses are invoked less and less, which makes this case unusual.This case illustrates some of the unique difficulties faced by LGBT couples both in Texas and across the United States. As each state takes its own approach to same-sex marriage and divorce, it is difficult to determine consistent standards for applying Texas law governing marriage and divorce to these couples.
Beyond that, it also shows the importance of carefully reviewing your divorce agreement to make sure you are not signing away any rights or privileges that you may want later. Any former spouse whose divorce contains a morality clause like the one in this case may find him or herself in court if they choose to live with a new unmarried partner, even if they act as a married couple.
It is essential to make sure your divorce agreement represents your interests and protects your rights to the fullest extent possible. It is wise to consult with an experienced family law attorney who can help you review your case and make sure you are equipped to move forward after a divorce.
Source: The Dallas Voice, “Judge says lesbian mom’s partner must go,” Anna Waugh, May 17, 2013
]]>Each state has its own unique laws governing property division but most fall into one of two camps: equitable distribution states or community property states. In an equitable distribution state , an asset may belong to one spouse, both spouses in different amounts or to both spouses equally. In a community property state, on the other hand, all property acquired by either spouse is community, or shared, property. Texas is a community property state.
]]> This means that, unless specified otherwise, all property will be divided more or less equally in the divorce. However, there are exceptions like inheritance and property acquired before the marriage.One way to help secure a desirable outcome during the property division stage of divorce, as well as through the entire process, is to sign a prenuptial agreement before getting married. Unless it contains provisions that a court can rule invalid or throw out, the court will generally respect decisions made in the prenuptial agreement. In an earlier post we covered some factors that may invalidate a prenup.
High-asset divorces tend to be both contentious and complex. It is important to make sure you are doing everything you can to protect yourself and your assets. In this situation it is usually wise to get in touch with a family law attorney who has experience in similar divorce matters.
Source: Opposing Views, “What Assets Are Protected From Divorce Settlements?” Amanda McMullen, May 10, 2013
]]>One of the most critical pieces of the property divsion process is valuation. In order to split assets equally, couples must get an accurate read on how much each asset or piece of property is worth. This aspect of divorce has proved to be a major sticking point for Frank and Jamie McCourt, the former owner of the Dodgers baseball club and his ex-wife.
]]> Five months after the couple finalized their divorce, Frank McCourt sold his interests in the Dodgers for a record-breaking $1.4 billion. His wife contends that the value of the team was misreprensented during the divorce, which may have allowed her to receive a larger financial settlement had the property been accurately assessed.The couple intially settled their divorce when Jamie McCourt ceded her right to interest in the team in exchange for a tax-free $131 million payment. Frank McCourt's attorney says this part of the reason why the former wife cannot seek additional funds from the sale of the team. In addition, the couple's settlement wasn't consistent with the "50/50 split" associated with their state's community property laws.
Another aspect of this case is the fact that the Dodgers organization was working through bankruptcy at the time of the settlement. As such, the real-market value of the team wasn't clear, which could've contributed to the two spouses reaching an agreement in the way they did.
Despite the case put forward by her ex-husband's representatives, Jamie McCourt insists that her husband had knowledge of the team's value and chose to withhold that information. This is a reminder of how important it is for any couple splitting up to honestly present the value of their property, whether or not they have a high-asset divorce. Failing to be clear up front can cause legal headaches and disputes down the road.
Source: Los Angeles Times, "Frank McCourt attorney: Judge should have no patience with Jamie," Bill Shaikin, April 24, 2013
]]>In this post we'll address some more basics, including Texas law on fault, some of the grounds for divorce and how they can affect the outcome.
]]> What does "no-fault? divorce mean?No-fault divorce is now the norm in many states, including Texas. It simply means that you don't have to prove fault to seek a divorce. Either spouse can seek a divorce if he or she believes the marriage is irreparable. This means that you can't really fight a divorce, you can only fight its terms.
But what if it was my spouse's fault?
While you do not need to establish fault, you do have the option to try to show "grounds" for your divorce. Grounds for divorce under Texas law include:
If you are able to establish one of these grounds for your divorce the court may grant you a larger share of any community property or assets in property division. In a future post we'll talk some more about property division in Texas and how courts try to split up assets.
Can I represent myself in a divorce?
You are not required by law to enlist the help of an attorney to get a divorce in Texas. However, there are definitely benefits to having your own attorney. Even if your divorce seems basic there are complicated legal issues that are best addressed by a professional. In addition, an experienced attorney can help you protect your interests and help you pursue the best possible outcome for you and your family.
Source: Texas Law Help, "Common Questions About Divorce"
]]>In our next couple of posts we'll address some common questions asked by Texas couples who are considering dissolution of their marriage.
]]> Do I need to get a divorce if I have a common-law marriage?A common-law marriage is an informal marriage, entered into without a ceremony in a church or before a justice of the peace. In order to have a common-law marriage you must:
If you want to end your marriage, whether formal or informal, you need to get a divorce.
Can I divorce in Texas if I was married in another state or country?
A marriage in another country is valid in the United States and a marriage in another state is valid in Texas. Anyone married couple may file for divorce in Texas if they meet the residency requirements.
What are the residency requirements?
In order to file for divorce in Texas, you or your spouse must have lived in Texas for six months. In addition, one or both of you must have lived in the county where you wish to file for at least 90 days.
Next week we'll address some other common questions about the divorce process in Texas. If you have additional questions about your specific situation, however, it may be wise to speak with a qualified family law attorney. He or she can answer your questions and help you determine the best course of action for you and your family.
Source: Texas Law Help, "Common Questions About Divorce"
]]>While divorce is declining as a broad trend, it is by no means unusual. The divorce rate peaked at about 50 percent in the 1980s and remains at just over 40 percent, meaning a significant number of adults are divorced. The increase in states with "no fault" divorce laws means that it is now easier to get a divorce. One cannot fight a divorce, just fight its terms.
]]> Some experts cite the increasing proliferation of technology as another contributing factor in many divorces. The growing use of tablets, laptops and mobile phones means couples have more distractions than ever and it can be hard to find peaceful time to work on a marriage. In addition, social networking sites like Facebook have made people more connected but also created more opportunities for spouses to keep secrets from each other.Interestingly enough, while children can be a major source of stress and disagreement in a marriage, couples with children are less likely to split up, particularly if they both come from a background that values family and child-rearing.
If you are going through a divorce it is important to make sure your rights and interests are protected. Consider speaking with an experienced personal injury attorney who can help you make sure you start off your new life on the right foot.
Source: The Vindicator, "U.S. divorce rate continues downward trend," John Michaelson, March 26, 2013
]]>Unfortunately, not all spouses-to-be use this tool for good. Sometimes one person in a relationship may try to push for a prenup that fails to protect the other. Such was the situation in a recent case revolving around a high-asset divorce, an unfair prenuptial agreement and a broken promise.
]]> A woman was engaged to a commercial property developer when, six weeks before their wedding date, she was asked to sign a prenup that would give her $25,000 for each year they stayed married but nothing more. She refused to sign it. With four days left before their wedding, he promised her that he would invalidate the prenup once they started to have children. She trusted him, signed it and they were happily married - at least at first.However, the agreement remained a bitter source of contention in their marriage that, combined with other financial moves by her husband, upset her. Eventually she sought a divorce, arguing that the original prenup hinged on a disingenuous verbal promise. And an appellate court agreed, finding that she had been "fraudulently induced" to sign it.
This case shows that, while prenuptial agreements are binding legal contracts, they are not bulletproof. A court may throw out a prenup if it fails to meet basic standards of contract law or if one spouse was forced to sign under duress. If you are considering signing a prenuptial agreement it may be wise to have an attorney look it over to point out any potential problems and help you make sure you are protected/
Source: ABC News, "Long Island Woman Wins 'Groundbreaking' Prenup Battle," Joanna Suarez, March 11, 2013
My Harris County, Texas, law firm handles a range of family law matters, including prenuptial and postnuptial agreements as discussed in the above post.
]]>But, as with most issues that may arise during divorce, it is important not to let your emotions take over completely. You may feel a strong attachment to the house where you spent your marriage but there are also some financial considerations that you should keep at the top of your mind when doing through property division negotiations.
]]> First of all, your spouse may feel the same way and desire to hold on to the home as well. Since it is such a large asset it can be a tough issue in negotiations and it may be worth it to you to consider trading it for some other assets instead.However, in 2013 that is less likely to be the case. The real estate climate of the past few years has made real estate property less appealing to many people. While the marital home has traditionally been one of the most hotly contested assets during divorce, it is sometimes now viewed as more of a liability or obligation.
If you are considering keeping your marital home after a divorce, consider the source and reliability of your income. A bank may not feel comfortable extending you a loan if you rely mostly on child support or alimony, even if you can afford the payments on your mortgage. It is important to step back and evaluate your finances objectively to make sure you are making the right financial decision for you and your family.
Source: The Huffington Post, "Keeping the House After Divorce," Kathleen Connell, Feb. 20, 2013
]]>When you and your spouse have estate plans that are shared or otherwise linked, it can make already complex property division matters even more challenging. Wills, trusts and other estate planning instruments have a critical impact on what happens to your assets after death so it is important to ensure that they are handled properly in a divorce.
]]> Before or during your marriage, you may have drafted or amended your will to name your spouse as your major beneficiary, or the person who would receive the bulk of your assets, as well as any life insurance payouts. Unless you want your former spouse to collect everything after you're gone, it is wise to change your beneficiary after divorce. You may wish to name a different family member, or your new spouse if you remarry.If you have custody of your children you may also specify a guardian who will take care of them. Otherwise, courts will often grant custody to their other parent by default. Your will is your last chance to express these wishes and will make things easier and more straightforward for your loved ones down the road.
If you are considering a divorce or already going through the process, you may have concerns about what will happen to your finances and assets after the split. In such a situation, it is best to work with an experienced family law attorney who is familiar with high-asset divorce matters. He or she can work with you to understand your unique situation, protect your assets and help you pursue the best possible outcome in your case.
Source: Law & Daily Life, "Changing Your Will After a Divorce," Deanne Katz, March 1, 2013
]]>Texas law exempts some litigants from paying court fees if they file documents swearing that they are indigent at the time of their divorce. Legal aid groups have filed at least four lawsuits regarding this issue, to which the clerk and his attorneys respond that they were just upholding the judge's divorce decree.
]]> These disputes could potentially be avoided if Texas judges read divorce files and paperwork carefully. The result is individuals are drawn into the courts again to litigate these issues, a process that costs additional money, time and court resources. Seeking the help of an attorney during the divorce process could help litigants avoid disagreement down the line by outlining issues of fees and costs from the outset.When you're embroiled in a divorce, trying to protect your finances from your former spouse can be hard enough. The last thing you need is the extra stress, both mental and financial, of fending off unnecessary costs from the court system. The good news is you don't have to go through it alone.
Even if you and your spouse appear to be on the same page, or if the process seems to be going smoothly, it is very wise to work with an experienced family law attorney. He or she can work with you closely to assess your financial situation, understand the stakes in your divorce and represent your interests in or out of court.
Source: The Fort Worth Star-Telegram, "Boiler-plate language snares low-income divorce litigants," Feb. 19, 2013
]]>Critics of the law argue that it is unfair to assign a servicemember's ex-spouse up to half of their retirement pay until death, especially if they remarry or have a change in circumstances that means they can do without the alimony. Because they put their lives on the line, military veterans understandably feel that they deserve the benefits to which their service entitles them.
]]> On the other hand, spouses of servicemembers also make sacrifices to the armed forces. Many families relocate in order to follow and advance a soldier's career, and the spouse left behind often takes on the lion's share of parenting and other familial responsibilities, often on their own for long periods of time.In addition, they may put off having a career of their own or be unable to advance in a career if they are constantly moving or raising children by themselves. These spouses may feel that they have also given their lives to the military and deserve part of the pension.
Ultimately, each divorce settlement is unique to the marriage and the couple. Just like civilians, military couples may negotiate a variety of terms as part of a divorce agreement. In addition to alimony, these settlements may include matters of child custody, child support and property division.
Even if you believe you and your future ex-spouse are on the same page when it comes to your divorce, it is important to consult with someone whose sole purpose is to protect you and your interests. It is always a good idea to have a qualified family law attorney review your case and your proposed agreement before you take action. He or she can help you evaluate the implications of each provision and determine the best possible arrangement for you and your loved ones.
Source: Newsmax, "Military Divorcees Aim to End Lifetime Alimony Rules," David Yonkman, Feb. 18, 2013
]]>Starting in 2013, wealthier individuals and families will face higher tax rates on some income and investments. This change has financial advisors and divorcing couples taking a closer look at their assets to determine how to avoid extra tax on these assets and how property division should change to accommodate those higher rates.
]]> For example, a couple with two homes may sign a divorce settlement that gives each spouse one piece of property. However, if one spouse is entitled to alimony, he or she may negotiate to have the payer cover their real estate's upkeep instead since that alimony would be taxed at a high rate.High-asset couples face some unique challenges when going through a divorce. There are often lots of different assets to sift through, including real estate, stock portfolios, pension plans and executive pay packages, among others. In addition, when one spouse has significantly more income than the other, alimony may be an issue and maintaining each spouse's lifestyle can be difficult.
If you are going through a divorce or considering separation, you may have questions about how it could affect you personally, financially and emotionally. It may be helpful to discuss those concerns with somebody who understands the divorce process. Consider speaking with a qualified financial advisor and family law attorney to learn more about your options, their potential pitfalls, and how you can protect yourself and your loved ones.
Source: The Wall Street Journal, "New Tax Rules Complicate Divorce," Arden Dale, Jan. 31, 2013
]]>We talked about some of the unique issues that face older adults going through a divorce, including concerns over financial independence and what will happen to any adult children who may be out of the marital home but still affected by their parents' divorce.
]]> There are a number of other questions you should ask yourself when consider a divorce later in life, such as:Can you handle the emotional turmoil of divorce? Deciding whether it is worth the time and energy to seek a divorce can be tough and you should consider what a split could do to your emotions. In addition, consider the implications for your other relationships, including how your family may react. Try to ensure that you have a support system in place.
Can you live on your own? Independence isn't merely based on your finances, which we touched on last week. You should also consider the logistics of living alone, including what will happen if you need long-term care in the future.
If you are considering or going through a divorce, you may feel like you're all alone. However, it doesn't need to be that way. It is wise to seek help from a counselor or confidante who can help you sort through your feelings and move forward in a positive way. In addition, it is wise to meet with an experienced family law attorney who can help you protect your personal and financial interests.
Source: The Huffington Post, "Are You Too Old to Get a Divorce?" Ann Blumenthal Jacobs, May 30, 2012
]]>The decision to end a marriage is never an easy one, especially when you and your spouse have spent decades building a life together. However, there are a few questions you can ask yourself to try to determine if a grey divorce may work for you.
]]> Can you support yourself financially? According to the AARP, two-thirds of older adults who initiate a divorce are women. Women, particularly older ones, may not have traditionally played the breadwinner role in a family. It is important to consider whether you will be able to support yourself after a divorce and consider how it may affect any retirement plans or other assets you may have.How may a divorce affect children? Some couples may stay together for the sake of their children but when the nest is empty, it may seem like an appropriate time to divorce. However, it is important to be sensitive. Children may still be affected by a divorce, particularly if they grew up believing that their parents had a strong marriage.
If you are considering a divorce you are likely under a lot of stress. Your personal life, emotions and finances may appear to be thrown into turmoil but you don't have to go through this difficult time alone. In addition to reaching out to family and friends who can support you, it may be wise to meet with a financial advisor and a family law attorney. The right representatives can help you protect your interests and pursue the best possible result for you and your loved ones.
Source: The Huffington Post, "Are You Too Old to Get a Divorce?" Ann Blumenthal Jacobs, May 30, 2012
]]>Researchers at the University of Ohio found that whether a woman is employed has very little impact on whether her husband stays in the marriage or leaves. Similarly, her employment status will have very little impact on whether she decides to leave unless she is highly dissatisfied with the marriage. In that event, employed women are more likely to leave while unemployed wives are more likely to stick it out.
]]> Men, on the other hand, are more influenced by their employment situation. A man who is unemployed is more likely to be left than one who has a steady job. Interestingly, they are also more likely to leave a marriage if they are unemployed.This could be due to traditional views on gender and employment. While our culture widely accepts women choosing either to work or not, it is unusual for men not to be the primary breadwinner in a home. This can lead to marital strain and, eventually, divorce.
A person's employment or unemployment may also play a role if there are child custody or visitation determinations at issue in a divorce. When determining custody, courts usually try to figure out what arrangement is in the best interest of the child(ren). This includes factors such as each parents' relationship with the (child)ren, who can provide a more stable environment and each parent's financial and employment status.
In matters of divorce, particularly when there are significant assets or children involved, the stakes are high. It is important to take every possible step to protect yourself and ensure your financial future. Consider working with a family law attorney experienced in similar matters who can protect your rights and your interests while fighting for the best possible outcome for you and your loved ones.
Source: USA Today, "Money Quick Tips: Job loss and marriage," Regina Lewis, Jan. 26, 2013
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