Texas Divorce Attorney Blog
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 ›
RECENT UPDATES FROM THE TEXAS LEGISLATURE
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.
Twins With Two Different Dads, Not Impossible
It’s called superfecundation– while fertile, if a woman sleeps with two men during the same fertility cycle, she can conceive twins from two separate fathers. This is not very common, but it is not impossible. 1 out of every 13,000 cases involving twins involves superfecundation.
In New Jersey, a woman tried to collect child support from a man she believed to be the father of her twins. She was right, but only half right. DNA Test Results proved he was only the father of one of the twins, but not the father of the other.
RECENT TEXAS CASES INVOLVING THE RECOGNITION OF FOREIGN DIVORCE
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.
Special Provisions for Active Military Members under the Texas Family Code
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 ›
Should a Rapist Have the Right to Custody of a Child Conceived by Rape?
Should a rapist have the right to custody of a child who was conceived by rape? The United States Senate recently answered—unanimously—“No!” to that very question when it passed an amendment to human trafficking legislation that would give states a strong incentive to ban rapists from having parental rights regarding a resulting child.
The Rape Survivor Child Custody Act passed the Senate 99-0 and targets a pressing problem: in 40 out of 50 states, a woman cannot sue to terminate the parental rights of her rapist. In those states, a rapist can sue for custody of a child conceived by the rape. That means that a woman could be forced to face her rapist “every other weekend” to exchange their child—an outcome that can have devastating traumatic results. Continue Reading ›
How to Catch Your Cheating Spouse–or How Not to Get Caught
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 ›
WANT TO SERVE YOUR SPOUSE WITH DIVORCE PAPERS THROUGH FACEBOOK? A NEW YORK COURT SAYS O.K.
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.
Congratulations on the birth of your baby boy! Now what?
For the parents of a brand new baby boy, oftentimes the first medical decision to be made for the child is whether he should be circumcised. This medical procedure is usually performed in the hospital shortly after the birth of the child and outside the presence of the parents, or in the Jewish faith, eight days after the birth of the baby boy, which is part of the brit milah (a.k.a. bris) ritual. But what happens when the parents do not agree on whether their baby should be circumcised? What legal recourse do the parents have in Texas? The answer is not an easy one.
In Texas, parents can legally resolve their disputes in a “Suit Affecting the Parent-Child Relationship” (“SAPCR”) wherein the Court is asked to appoint the parents with certain rights, powers, and duties over their child. The problem in the case of circumcision, however, is that a SAPCR may not be filed for an unborn child. Therefore, if a parent has a strong objection to circumcision, then he or she must wait until after the child is born to prevent an unwanted circumcision and then act quickly. Assuming that the medical professionals will not perform the procedure against one parent’s clear objection, the objecting parent will need to file a SAPCR immediately and request a Temporary Restraining Order to prohibit the non-objecting party from consenting to the circumcision until the Court cannot decide the matter after notice and hearing.
KEYSHAWN JOHNSON GETTING DIVORCED LESS THAN ONE YEAR FROM DATE OF MARRIAGE
Many clients come to our law firm extremely worried that the second they get married, their spouse is automatically entitled to half of their wealth- regardless of the duration of the marriage or when they acquired their wealth. As reported in the news, Keyshawn Johnson is getting divorced from his wife after only 7 months of marriage. Does this mean he has to give up half of his entire wealth? The short answer is no.
Division of property in Texas divorce suits is not 50/50 – Texas law reads that there shall be a just and right division of the property. Yes, most Courts believe that should look something like a 50/50 split, but that does not mean that has to be the case. There are numerous factors outlined in the Texas Family Code that can sway a property division one way or another.
So let’s use Keyshawn Johnson as an example- He was married 7 months. Absent a finding of common-law marriage in Texas, his wife would only be entitled to half of any income accumulated during the time of marriage- in this case 7 months. Any money Keyshawn Johnson earned prior to marriage is his separate property and not considered in the property division. But, it is important to note that Keyshawn Johnson would have the burden to prove by clear and convincing evidence that any asset he wishes to exclude from a property division is indeed separate in nature.