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Why You Should Avoid Snooping during Divorce
Many couples are able to dissolve their marriage amicably and require little to no court intervention in coming to a child custody or spousal maintenance arrangement. Unfortunately, this is not always possible, especially when one of the parties suspects the other of substance abuse or hiding assets. In these situations, it can be tempting for one party to look through the other spouse’s emails or text messages in an effort to find information that can be used in court. This is almost never a good idea and can actually lead to criminal charges, in addition to jeopardizing visitation time and other child custody matters. If you believe that your spouse has been going through your private electronic information, you should strongly consider speaking with an experienced complex divorce attorney who can explain your legal options.
Federal Law
Although checking a spouse’s email or cell phone may seem innocent enough, it actually qualifies as a violation of federal law, which prohibits unauthorized access to private email accounts. Recently, a Michigan man who suspected his wife of having an affair and logged onto her email without permission was even charged with the felony offense of misusing a computer, which is punishable by up to five years imprisonment. For this reason, parties to a divorce should be wary of invading each other’s privacy by checking their email or reading their text messages without permission.
Health Care Coverage for Children
In Texas, parents are obligated to provide financial support for their children. This responsibility does not end when a couple dissolves their marriage or decides to separate. Instead, the non-custodial party will be required to pay child support in an amount determined by the court. When calculating how much a parent will be required to pay, courts take into account each party’s income, how much time each parent spends with the child and the child’s health needs. Unfortunately, even when parents are ordered to help pay for medical care for their child, many fail to do so, which can put extreme financial stress on the custodial parent and even endanger the health of the child, so if your ex-spouse is refusing to help pay for your child’s medical care, it is critical to speak with an experienced child support lawyer who can ensure that your child’s best interests are protected.
Medical Support
According to state law, non-custodial parents are required to provide medical support for their children, which includes the cost of health insurance or out-of-pocket medical expenses. As long as the non-custodial parent can provide medical coverage through his or her health insurance policy at a reasonable cost, then he or she is required to include the child on the policy. However, if the parent cannot obtain coverage through an employer, then the custodial parent will be required to provide coverage if available through his or her employer. Even in these situations, the non-custodial parent would still need to reimburse the other parent for the cost of insurance.
Inheritance and High Asset Divorce
Texas law requires that divorcing couples divide their property in an equitable manner. However, this rule only applies to marital property, as separate property will remain under the sole ownership of the original holder. Inheritances, for example, are considered the separate property of the person to whom they were bequeathed, even if they were given to one spouse during a marriage. In some cases, it is still possible for another party to retain a portion of one spouse’s inheritance, so if you were given a valuable gift or inherited property from a loved one during your marriage and you are now going through a divorce, please consider speaking with a high asset divorce attorney who can help you protect your assets.
Separate Property
Under Texas law there are three types of assets that qualify as separate property:
- Any property owned or claimed by a spouse prior to the marriage;
Legal Separation in Texas
Many states have procedures in place to help couples obtain a legal separation prior to divorce. Unfortunately, Texas is not one of those states, as it does not recognize legal separation. However, it is possible for couples to enter into a contractual separation agreement that resolves property division and child custody related issues before obtaining a divorce. While courts do not sign off on these contracts, the terms of the agreements can be used at a later date during divorce proceedings. For this reason, it is extremely important that if you are considering a divorce and want to enter into a separation agreement, you speak with an experienced complex divorce attorney who can ensure that the contract’s terms are enforceable.
Legal Separations
While there are no Texas statutes that specifically address legal separations, couples are permitted to enter into legally binding separation agreements while they are informally separated. These contracts can include provisions regarding a number of legal issues, including:
Temporary Orders and Modifying Primary Conservatorship in Texas
In May, the Texas Legislature passed House Bill 1495, which prohibits courts from temporarily granting a parent the exclusive right to determine a child’s primary residence in certain cases. For instance, the law will only apply in situations where two parents have agreed that neither will have the exclusive right to decide where their child lives. This means that when no parent has been granted the exclusive right to decide where a child will primarily reside, courts cannot step in to grant this right to one of the parties temporarily while a suit for modification is pending. The law went into effect on September 1st, so if you have questions about how it could affect your pending child custody case, please contact an experienced complex child custody attorney who can explain your options.
Restrictions and Exceptions
In addition to prohibiting courts from granting a temporary order that gives one parent the right to choose a child’s primary residence, the new law also states that no temporary order can change or eliminate the geographic area within which a parent must maintain a child’s primary residence. This means that when a suit for modification of an order is pending, judges are not allowed to permit one parent to take the child outside of a certain geographic area, as this would essentially give that individual primary custody. However, these limitations only apply when a suit involves the modification of an order that provides for one of the following:
Disputing a Premarital Agreement
Premarital agreements can help ensure that in the event of a divorce, both parties will have a clear understanding of their assets and liabilities. However, premarital agreements are not always enforceable, in which case, a couple may need to reevaluate property division issues, so if you believe that your premarital agreement does not conform to the state’s requirements, please contact a complex divorce lawyer who can explain your options.
Voluntary Signatures
In order to be considered valid, a premarital agreement must be in writing and signed by both parties. Even when these technicalities have been honored, an agreement can still be challenged if one of the parties alleges that at least one of the signatures was not voluntary. To establish that a signature was not voluntary, the party may need to provide evidence that the document was signed under duress, fraud, or undue influence.
Who Gets the Family Pet in a Divorce?
Although many families treat their pets like members of the family, the reality is that for the purposes of deciding who gets the pets in a divorce, animals are legally considered property in Texas. This means that if a couple is unable to come to an out-of-court agreement about who will get custody of the pet, the court will assess the situation based on community property law. This can have unfair results, so if you are going through a divorce and have questions about who will retain custody of your family pet, please contact a family law attorney who has experience in complex property litigation matters.
Community Property Rule
Because animals are considered property in Texas, courts will apply the standard community property rules when deciding pet custody issues. This means that the court will attempt to divide the property in a way that is equitable. When a family pet is the property at issue, the court may assess who has historically been the pet’s primary caretaker, evaluate each spouse’s living situation, and if a couple has children, determine whether they are especially attached to the animal.
Child Custody and Family Vacations
Summertime is one of the best opportunities to go on vacation with the kids, as parents may have time off from work and children do not have to miss school. Unfortunately, these types of family vacations can become difficult to plan after a divorce, especially when a couple’s schedules and living arrangements have changed. Texas law helps simplify these problems by outlining procedures regarding vacations for parents who share custody of their children. However, navigating the state’s sometimes complex statutes can be frustrating, so if you have planned a vacation with your children and have questions about your legal rights and obligations, it is important to speak with an experienced complex child custody attorney who can advise you.
Summer Vacation
Under Texas law, parents have specific rights of possession during the summer months. For example, according to state law, a possessory conservator can take a child on an extended summer vacation if he or she first:
Can a Child Choose the Custodial Parent?
In Texas, courts are sometimes willing to take a child’s opinion about where he or she wants to live into consideration when resolving a divorce-related matter. However, the primary focus of all family law judges is the best interests of the child, which means that they will not always take a child’s opinion into account when determining a custody schedule. To speak with an experienced complex child custody attorney about your concerns or questions, please contact a member of our legal team today.
Custody Arrangements
Texas courts presume that it is usually in the best interests of a child to split custody evenly between two parents. This means that parents will have equal decision-making authority and will split physical custody 50/50. The specific schedule, however, will depend on the parties’ circumstances. Custody schedules can also be modified at a later date, which is often necessary when a child enters high school and does not require the same amount of supervision. At this point, judges are also often willing to consider a child’s preferences, which may have changed from when he or she was younger.
Issues to Address after Divorce Litigation
A Texas divorce proceeding or child custody proceeding can bring about a host of changes to your life and the life of your children. Some of these changes may be unwelcome and unpleasant, such as having to move to another residence or even having to seek and obtain a protective order. Nonetheless, it is imperative that you approach these types of proceedings knowing that changes are not just a possibility, they ought to be expected.
Four Things Likely to Change in Your Texas Family Law Case
Litigants in a divorce or child custody proceeding can expect to make at least four changes during the course of their case:
- Change of residence: In nearly every divorce, one litigant will be awarded the marital residence and the other will be forced to find an alternate residence. While courts tend to award the marital residence or primary residence to the parent who will assume primary parental control over the couple’s children, this is not always the case.
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