Texas Divorce Attorney Blog
This past summer, the United States Supreme Court issued its landmark decision in Obergefell v. Hodges, which held that under the U.S. Constitution, no state may forbid same-sex couples from marrying and that no state may refuse to accept the legality of same-sex marriages performed elsewhere. This Supreme Court opinion, however, did not address issues regarding children of same-sex marriages/partnerships. As evidenced below, much work still remains to be done in this regard. Continue Reading ›
iClouded Judgment
Cloud-based software, such as iCloud from Apple, has made sharing information like pictures, text messages, and communication a breeze. Families often link accounts to share music, pictures, and other media. Apple explains, “Set up iCloud on all your devices. The rest is automatic.” And when Apple says everything, it means everything. Lately, iCloud has provided a new way for spouses to learn about infidelity–when it pops up automatically on their screens.
Monique Honaman, a writer at the Huffington post, recently brought up some of the issues that accompany the automatic sharing of all of the data on your phone. In a column titled “iCaught on iCloud,” the author posts stories of people who found out about infidelity on iCloud. Continue Reading ›
Same-Sex Couples and Common Law Marriage
The legalization of same-sex marriage may only be a few months old, but Texas’ informal marriage laws may provide for marriage recognition dating back decades. On June 26, 2015 the United States Supreme Court issued its ruling in Obergefell v. Hodges, legalizing same-sex marriage in every state of the Union. Since the rendering of the Court’s ruling, counties across the state of Texas have issued thousands of marriage licenses to same-sex couples. Upon receipt of a marriage license, these couples become eligible to enter into formal marriage. However, Texas also recognizes informal marriage, frequently referred to as common law marriage. Texas allows parties to an informal marriage to hold, as their legal wedding date, the earliest date at which all statutory requirements of an informal marriage were satisfied. What does this mean for same-sex couples who satisfied the statutory requirements before the legalization of same-sex marriage in Texas?
Under the Texas Family Code, an informal marriage may be proved by evidence that: (1) a declaration of marriage has been signed; or (2) by showing that the parties agreed to be married and after the agreement they cohabited together, in Texas, as a married couple, and represented themselves to others, in Texas, to be married. (see Texas Family Code 2.401). Upon satisfaction of the second prong, the couple may file a declaration of marriage and list, as their date of marriage, the earliest date at which all requirements were concurrently satisfied. Of course, same-sex couples are now afforded the ability to enter into informal marriage. The question is, however, will same-sex couples who satisfied all requirements of the law be allowed to declare their marriages to a date prior to June 16, 2015?
Initially, it was believed that state officials would hold that same-sex common law marriages could not be dated before June 26, 2015, as same-sex marriages were void ab initio under the law. However, with respect to a recent declaration of marriage filed by a same-sex couple in Tarrant County, Texas, the Texas Department of State Health Services stated that “Applicants, regardless of gender, may apply for an informal marriage license using any date applicable to their relationship.” Accordingly, this Tarrant County couple was allowed to date their informal marriage to 1992.
Kaley Cuoco and Ryan Sweeting Split, Short Term Marriage
If you’ve read the gossip tabloids today, you probably know now that Kaley Cuoco, actress from The Big Bang Theory and Ryan Sweeting, a pro tennis player, have recently decided to end their 21- month marriage. Apparently things were getting rough for the couple who had only dated 3 months before tying the knot. To read more about the split on Glamour Magazine, click here.
This short-term marriage is not uncommon. The Atlantic recently wrote an article entitled The Divorce-Proof Marriage, which discussed how factors such as income, length of dating and even how many people attend your wedding affect your likelihood for divorce. They discuss that “a strong marriage, is an intentional one,” not one that is done without thinking beforehand. The article deconstructs a study conducted at Emory University demonstrating that couples who date more than a year before marriage are 20% less likely to end in divorce, and marriages after three years of dating, 39% more likely. Of course, we have to think that age is also a huge factor among other circumstances, but length of dating before marriage is definitely key. It is very common for our clients to mention that a lack of ‘getting to know’ their partner before marriage led to many surprises after marriage –which ultimately brings them to our doors.
Interstate Child Custody Disputes and the Uniform Child Custody Jurisdiction and Enforcement Act
Our society is rapidly changing—from technological advances, to medicinal breakthroughs, to the meteoric ascension of the multinational corporation, individuals and communities are forced to adapt to our culture’s fast-paced global expansion. While there are certainly many factors that have contributed to these changes, our ability to communicate instantly across thousands of miles and travel thousands of miles in a matter of hours has created a society less focused on the proverbial “home roots.”
When parties finalize their divorce or have an order issued relating to their children, what happens when one or both parents have their home roots pulled up by out-of-state job transfers, family issues that require relocation, or new opportunities that send one parent across state lines? Is the order issued in the first state enforceable by the parent who has moved to a different state? Can the traveling parent modify the prior order in another state, or are they stuck litigating in the courts of the state that issued the original order? What if both parents and the child no longer reside in the state that issued the original order?
The Uniform Child Custody Jurisdiction and Enforcement Act was crafted to provide answers to these questions. Continue Reading ›
What’s Mine Is Mine – Understand Separate Property
Understanding separate property laws is crucial for divorcing spouses. If a spouse can prove certain property as his or her separate property, then the Constitution of State of Texas prohibits that spouse from being divested of his or her separate property. As such, separate property is “off the table,” so to speak, when it comes to division of the estate either by a court or through a settlement agreement. Therefore, if a spouse is able to prove certain property as his or her separate property, then such characterization can dramatically influence the framework for settlement negotiations and/or relief sought from the Court. Continue Reading ›
Temporary Orders Allow Kelly Rutherford’s Children to Come Back to the United States
For any of you Gossip Girl fans or parents of Gossip Girl fans, you probably remember Serena van der Woodsen’s mother, Lily van der Woodsen. Her real name is Kelly Rutherford, and her life is just as dramatic as the scenes of the popular TV show.
Rutherford’s marriage to Daniel Giersch in August 2006 has led to all sorts of personal trouble for her. They had their first son Hermes in October 2006. In 2008, she was pregnant again with their second child, but ended up filing for divorce from Daniel in December of the following year. Their child, Helena, was born a few months after the date of filing. Since then, Kelly and Daniel have been in a seriously heated custody battle. Things took a major change in the divorce suit when in April 2012, Kelly’s attorney allegedly leaked information concerning Daniel’s improper business activity in the United States…which got him deported. Custody win for Kelly? Think again.
In Light of Obergefell v. Hodges Decision, State of Texas Now Ordered to License and Recognize Same-Sex Marriage
Friday, June 26, 2015, was unquestionably a historic day in the realm of family law, constitutional law, and for the country as a whole. On this day, a majority of the Supreme Court of the United States held that the Fourteenth Amendment of the U.S. Constitution requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. Justice Kennedy, who delivered the majority opinion of the Court, was joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan in this momentous decision. Continue Reading ›
I’ve filed for divorce….so what happens next?
Perhaps the most frequent questions we encounter from clients shortly after filing for divorce are “How long is this going to take?” and “What happens next?” Of course the answer to these questions depend upon Continue Reading ›
Bobby Flay Cheater Banner- Genius Strategic Move or Complete Mistake?
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.