Texas Divorce Attorney BlogPerhaps 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 ›
Articles Tagged with divorce
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.
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.
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 ›
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.
First Same-Sex Marriage License in Texas Leaves More Questions than Answers
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 ›
Should I Get a Divorce or an Annulment? What’s the Difference?
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 ›
Same Sex Divorce In Texas
Article 1 Section 32 of the Texas Constitution states that “Marriage in this state shall consist only of the union of one man and one woman… this state may not create or recognize any legal status identical or similar to marriage.” Also, under the Texas Family Code, the Legislature of Texas enacted section 6.204 which states that same-sex marriage and civil unions are void as they are against the public policy of Texas. This section further states that same-sex marriage and civil unions from other jurisdictions are void as well. The United States Supreme Court recently ruled that the Defense of Marriage Act was unconstitutional—effectively making same-sex marriage recognized on the federal level. So if a same-sex married couple gets married in a state that recognizes same-sex marriage, then moves to Texas, how does this couple get divorced? The couple would be married in the eyes of the federal government (for example in filing an income tax return with the IRS), but would not be married in the eyes of the state of Texas. Divorce is an issue that is handled on the state level. State Courts, not Federal Courts, grant divorces.
So if a member of a same-sex couple who was married in a state that recognizes same-sex marriage wishes to get divorced while living in Texas, what can he or she do? That is the question that is currently in front of the Supreme Court of Texas. The Court faces a tricky legal question because granting a divorce in Texas requires the existence of a valid marriage. If the Court chooses to grant the divorce, then the Court would be acknowledging a valid marriage which violates the Texas Constitution. On the other hand, if the Court were to deny the divorce, then the same-sex couple would, against their wishes, still be married in the eyes of the federal government and states that recognize same sex marriage.
The same-sex married couples’ options would be file a suit in Texas to declare the marriage void—which tells other states and the federal government that the parties were never validly married (even though they were validly married in the state where their same-sex marriage was granted)—or, establish residency and obtain a divorce in another state. Continue Reading ›
Recognizing Same-Sex Marriage in the Divorce Context
The State of Texas will not grant a marriage license to same-sex applicants, but can the State of Texas grant a divorce to spouses of the same sex who were married in a state where same-sex marriage is legal? On November 5, 2013, the Supreme Court of Texas heard this issue, and a decision is currently pending. The Supreme Court matter involves couples from Austin and Dallas who married in Massachusetts and eventually filed for divorce in Texas. Both couples obtained divorces from the State of Texas at the District Court level; however, the Office of the Attorney General intervened in the case of the Dallas couple and won a decision from the Court of Appeals for the 5th District of Texas, which overturned the order of the 302nd Judicial District Court of Texas granting the divorce. The Office of the Attorney General has argued that there can be no granting of a same-sex divorce in the State of Texas since the State of Texas does not recognize same-sex marriage. The Texas Family Code provides that a marriage between persons of the same sex or a civil union is contrary to the state’s public policy and is void. The Texas Family Code further states that the State of Texas may not give effect to a public act, record, or judicial proceeding that creates, recognizes or validates a marriage between persons of the same sex in any other jurisdiction—meaning that the State of Texas can recognize neither a same-sex marriage from another state nor a same-sex divorce from another state.
The same-sex marriage and divorce dilemma is appearing and being heard in other states that do not currently recognize same-sex marriage, including Mississippi and Kentucky. Since same-sex marriage is currently legal in only 16 states, this nationwide problem is not likely to disappear anytime soon. Same-sex couples who are married in a state where same-sex marriage is legal and then move to one of the 34 states that do not recognize same-sex marriage are the victims of this problem. For these same-sex couples to obtain a divorce, they oftentimes need to move back to the state where they were married or to a state that recognizes same-sex marriage in order to establish the residency and domiciliary status that is necessary to obtain a divorce from those jurisdictions. The process of going through a divorce can be painful, and that pain only exacerbates if a spouse is required to relocate to a different state just to be able to exit an irreconcilable relationship.
The problem expands even further when considering that an inability to divorce in some cases means that an estranged spouse can be entitled to receive spousal benefits after the couple is no longer living together or holding themselves out as married. To make matters worse, even if a divorce is obtained in a state where same-sex marriage is legal, the marital property can remain in abeyance afterwards if the state where the property is located does not recognize same-sex marriage. These issues are complicated, and they require examination from not only our judicial branch of government but also our state legislatures.