Articles Posted in Divorce

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By now, I’m sure most of you have heard about what happened to Bobby Flay at his Hollywood Star celebration. For those who have not heard, Bobby Flay was graced with the presence of a jet with a “CHEATER” banner while laying down his Hollywood Star. We can only imagine how embarrassing that was for him. Yikes. Since he filed for divorce from his wife in April, most people are blaming Stephanie March- thinking she is the mastermind behind the act. Let’s assume she was for discussion purposes- is this a great strategic move by her attorneys, or a big mistake?

When you file for divorce in Dallas County, Collin County, or Denton County, your Original Petition for Divorce (the first pleading you file requesting a divorce) must have attached to it what the Court calls standing orders. These orders enjoin (or restrain) any party who has filed or  served with the petition from  committing certain acts.

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How will divorce affect my taxes?  Eventually, almost every person going through a divorce must address this question.  As you might imagine, divorce affects your federal tax return in numerous ways.  The issues that arise most frequently include Continue Reading ›

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Last month was an exciting one for Texas family law attorneys.  During this year’s legislative session, our friendly representatives down in Austin had their hands full with a number of new bills that sought to alter significant portions of the family law landscape.

There were three bills that passed their way through a House committee but ultimately were voted down after strenuous lobbying by the Texas Family Law Foundation.  The first bill that was voted down was HB 4093, which sought to repeal section 6.001 of the Texas Family Code.  Section 6.001 provides that “the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”  Had HB 4093 passed and been signed by Governor Abbott, parties seeking divorce would have to prove another valid ground for divorce, including adultery, cruelty, living apart, or abandonment.

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There has been a lot of talk in this country lately about recognition of same-sex marriage and same-sex divorce, but what about recognition of foreign divorces?  In the melting pot that is the United States of America, divorce from foreign countries and their applicability to Texas family law cases are becoming increasingly common issues that are being addressed by trial and appellate courts in the Lone Star State.

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Are you currently serving in the military or know someone who is?  Texas is home to one of the largest populations of active military members in the nation.  As such, the Texas Family Code has specific statutes that address the unique issues facing our military members in the family law context.

For instance, what happens if you have primary custody of a child after a divorce and you are called overseas or ordered to military duty in another state?  Texas Family Code § 153.701 states the following: Continue Reading ›

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Advances in technology are constantly changing how people work, play, and–unfortunately–cheat on their spouses.  People often ask us what tools are available to catch a cheating spouse or what tools a spouse might be using to conceal their own infidelity.  D CEO Magazine asked us how to catch a cheating spouse–or how not to get caught.  Our responses are below and also appear in the April issue of D CEO Magazine.

Q:  My spouse thinks I’m cheating. Are there apps or programs they can use to track me?

A:  Spying and cheating are hot topics in family law. With so much personal information readily available on our smart phones, it’s easier than ever to track a suspected cheating spouse. Continue Reading ›

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Recently, a story out of New York has been circulating across the internet involving a Manhattan Supreme Court Judge that permitted a woman to serve her husband with divorce papers through a private Facebook message.  According to the story, the husband was a somewhat transient individual who lacked a fixed place of residence and was not employed.  The woman and her attorney tried everything they could to get her husband served, but even a private detective was not able to locate the whereabouts of the husband.  When the woman told the Judge that her communication with her husband was mostly through Facebook, the Judge decided that service through Facebook message was the new frontier of ensuring due process in the twenty-first century.

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Since no-fault divorce statutes were first implemented in the United States at the end of the 1960s Zeitgeist (with California being the first state to allow a “no-fault” divorce in 1969), many have cried that there is an epidemic of skyrocketing divorce rates that is only getting higher with the passage of time. Continue Reading ›

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A federal district judge in Texas rules that Texas’s Constitutional ban on same-sex marriage violated the Equal Protection Clause of the United States Constitution.  That ruling was stayed pending appeal—a common procedure in this type of case (when a law has been ruled unconstitutional, it is common to keep the law in place until the appeals process is exhausted).  This is an important note as the United States Supreme Court rejected a Petition from the state of Alabama to stay same-sex marriage until the issue is resolved by the Supreme Court of the United States.  Many believe this move by the majority of the United States Supreme Court Justices is an indication of how they might ultimately rule on whether individual states can decide whether or not same-sex couples can get married within their state.

The state of Texas still has a Constitutional ban on same-sex marriage; however, in light of the Federal District Court Judge’s ruling that Texas’s Constitutional ban violated the United States Constitution, a Travis County judge ordered the Clerk of Travis County to issue a marriage license to Sarah Goodfriend and Suzanne Bryant.  The Judge issues a “one-time” exception because Ms. Goodfriend has deteriorating health with ovarian cancer.  On Friday, Texas’s Attorney General, Ken Paxton filed a petition with the Texas Supreme Court in order to declare the marriage license issued by the Travis County Clerk to Ms. Goodfriend and Ms. Bryant to be declared void. Continue Reading ›

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Should I get a divorce or an annulment? What is the difference?

New clients often ask whether they should seek a divorce or an annulment. The answer, unsurprisingly, is, “it depends.”

First, it is important to understand the difference between a divorce and an annulment.  One way to remember the distinction between them is this: with a divorce, a court is saying the marriage is over; with an annulment, a court is saying the marriage never existed in the first place.

How do you know if you are eligible for one or the other or both?  Continue Reading ›

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