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Recent Blog Posts
Grounds for Filing for an Annulment in Texas
Usually, when two people marry and then decide that it was a mistake, they simply file for divorce. However, in some situations, they opt instead for an annulment. There are many reasons that someone chooses to obtain an annulment, but it is important to realize the requirements are very strict. While divorce is easier to get, there are situations where an annulment may be the better choice for you, especially if there was some kind of fraud involved and you have substantial assets which could be at risk under Texas community property laws.
Requirements for an Annulment
There are only certain grounds that a person can use to file for an annulment under Texas law:
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One of the parties to the marriage was underage and did not obtain a parent’s consent
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One of the parties is unable to engage in marital relations
Is Your Spouse Hiding Assets in Your Texas High Net Worth Divorce?
It is no secret that sometimes divorces get ugly. The most common way that spouses try to hurt each other during divorce, aside from arguing over their children, is to try and get an upper hand in terms of asset distribution, sometimes by any means necessary. If you suspect your spouse of hiding assets, there are multiple methods your attorney can use to try and discover if assets are being hidden and where the assets have been moved to.
Methods for Your Attorney
In a divorce, your attorney is your first weapon if you suspect your spouse has committed some financial misdeed. There are multiple legal documents used during the divorce process, especially during discovery, on which a party is bound by law to tell the truth, and they must do so in very specific ways, providing very specific information. Both parties are bound to comply with any discovery request that the court deems ‘reasonable.’ Courts approve the majority of requests that are made.
Am I Entitled to Alimony in My Texas Divorce?
Whether it is called alimony, spousal support, or maintenance, Texas law does recognize the concept of one spouse making periodic payments to the other spouse during and/or following their divorce proceedings. Although alimony may be available to you in your divorce case, there have been significant changes to alimony under Texas law in recent years, resulting in far fewer spouses being eligible to receive alimony. In fact, Texas has a reputation for being one of the hardest states to be awarded spousal support in. However, that does not mean you will not qualify. A skilled Austin complex divorce attorney can advise you what your legal options are.
Determining Whether You Qualify for Alimony
The easiest way to receive alimony is if you and your spouse can come to an agreement and that agreement is included in your final divorce decree that is approved by the court. The court will likely approve the agreement, even if the receiving spouse would not have normally qualified under Texas law.
The Consequences of Withholding Child Support in Texas
Although there are some married couples who make the decision to end their marriage and are able to go through the process in an amicable and cooperative manner, the reality is that there are a far greater number of couples who go through the divorce process in a more adversarial manner.
Unfortunately, if the couple has children, the contentiousness of the marriage and divorce continues long after the divorce decree is signed and it is not uncommon for issues to arise regarding parenting time, child support, and other issues regarding the children. It can even lead to one of the parents interfering with the other parent’s parenting time. That parent may decide to retaliate by withholding child support. But as an Austin complex child custody lawyer can explain, these types of actions can lead to serious consequences with the court.
A much better – and legal – way is to contact your attorney to help guide you through the legal process of having a judge address your ex’s noncompliance with the court’s custody and visitation order.
Is Parallel Parenting Right for Me?
Getting divorced with children always complicates the divorce process. Parents will need to address child custody, child support, and other child-related issues in addition to the typical divorce issues like the division of property. Unfortunately, many parents struggle to discuss child custody concerns calmly and rationally. Tensions can run high when it comes to children and many parents disagree about what is best for their kids. If you are a parent going through a divorce, you may wonder how your relationship with your soon-to-be-ex will affect your ability to co-parent after the divorce.
One option that many parents find useful in high-conflict situations is parallel parenting. Parallel parenting is a type of co-parenting strategy that minimizes the interaction between divorced parents. Read on to learn more.
How Does Parallel Parenting Work?
Should I Get a Protective Order During My Divorce in Austin, Texas?
Divorce is rarely without some degree of contention. However, some divorce cases are wrought with turmoil. In some situations, divorcing spouses become violent and abusive as the marriage ends. In other cases, the domestic violence was the initial cause of the divorce.
If you have found yourself in a situation where you fear for your safety or the safety of your children, consider getting a protective order. A protective order can prevent your spouse from coming near you and your children or contacting you through the phone, internet, or other means.
Magistrate’s Order of Emergency Protection
In Texas, a Magistrate’s Order of Emergency Protection may be mandatory. If your spouse inflicts serious bodily harm or uses a deadly weapon, an Order of Emergency Protection may be issued against the spouse. You can also request an order of protection if your spouse was arrested for a family violence offense, assault, or stalking.
Complex Financial Issues You May Experience in an Austin High Asset Divorce
Once a married couple decides to call it quits, they must address many financial issues including the division of marital assets and debts. For couples who were only married for a short period of time and those who own little property, this process is relatively simple. However, couples with significant wealth and complex assets will likely need to spend much more time addressing financial concerns during their divorce.
Factors That Can Complicate Property Division in Your Texas Divorce
Texas is a community property state. This means that Texas courts divide marital property evenly between the spouses. Spouses are also able to negotiate their own property division arrangement. However, when a marital estate contains complex assets, assets with hard-to-determine value, or assets with fluctuating value, the couple will likely need professional help to reach a fair division of property.
What Are the Benefits of a Prenuptial Agreement for High-Net-Worth Individuals?
If you are planning to get married, you may be interested in learning about the benefits of signing a prenuptial agreement or “prenup.” Prenuptial agreements or premarital agreements are largely misunderstood by the general public. Many people are unaware of the financial and personal benefits offered by prenuptial agreements.
Fortunately, more and more people are starting to realize that prenups offer practical solutions to a myriad of financial concerns. Prenuptial agreements are especially popular among the millennial generation. Many young people grew up with divorced parents and recognize that divorce is always a possibility – even in the most loving marriages. Read on to learn about the advantages of signing a prenuptial agreement when one or both partners have a high net worth.
Identifying Property as Marital or Non-Marital
How Are Copyrights, Patents, and Other Intellectual Property Handled in a Texas Divorce?
Getting divorced involves much more than deciding to end the marriage. Divorcing couples must also address divorce issues like the division of marital property. Separating “yours” and “mine” during property division is often one of the most complicated aspects of the divorce case. This is especially true when a spouse owns intellectual property.
Intangible Property During Divorce
Certain assets are easy to value and divide in a divorce. However, determining the value and identity of intangible assets such as intellectual property is much more complicated. Whether you are an artist, author, software developer, or business owner, you may have questions about how intellectual property is addressed during a divorce.
Divorcing spouses in Texas have the right to design their own property division arrangement. Doing so may be time-consuming, but for many, this is a favorable alternative to court intervention. For example, one spouse may retain rights to the intellectual property and compensate the other spouse for his or her financial interest in the intellectual property using other assets. Spouses who wish to negotiate their own out-of-court marital property settlement should consult with an attorney who can advise them of their rights and options.
5 Tips for Keeping Your Cool in a High-Conflict Divorce
Divorce is rarely pretty, but some cases are uglier than others. Divorce involving infidelity, abuse, reckless spending, or a high degree of contention can be extremely taxing. In high-conflict divorce cases such as these, it can be hard to keep your cool. However, lashing out at your soon-to-be-ex or making rash decisions based on emotion will only hurt your chances of a favorable divorce outcome. If you are engaged in a high-conflict divorce, consider the following tips for staying calm and focusing on the big picture.
How to Stay Levelheaded in a High-Conflict Divorce
Any divorce can be stressful, but a high-conflict divorce can make you feel like you are losing your mind. If you are in the middle of a hostile separation or divorce, you may be feeling intense anger, frustration, and resentment. Your spouse may be doing everything possible to upset you and make the divorce process as difficult as possible. Unfortunately, you cannot change your spouse’s behavior, but you can change how you respond to the behavior.
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