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Spousal support in Texas
Many factors contribute to determining spousal support in Texas. These support payments may also alter other parts of the divorce agreement, such as property distribution. If an agreement on this issue is unable to be reached between spouses in Texas, the District Court will order the spousal support considering many factors before making a final decision. The court must decide the amount, duration, the nature, and the style of the periodic payments that will go from one spouse to the other based on the following factors:
- The education level and job skills of each spouse
- The efforts put forth by the spouse seeking support to pursue available employment
- The ability to meet the personal needs of the spouse who must potentially pay the support
- The financial resources of each of the spouses
- The financial resources of the spouse who is seeking the spousal support, including any and all community and separate property liabilities given to that spouse in the divorce settlement, along with that spouse's ability to meet his or her own needs independently, without support
What is a Guardian ad Litem, Anyway?
A divorce court appoints Gardians ad Litem, or GALs, to represent the best interest of a child during their parents' divorce. If a divorce goes smoothly, the parties, usually through their attorneys, are able to reach a mutually acceptable custody arrangement. However, it is not uncommon for divorces to turn even the most amicable parties into ferocious adversaries with children caught in the middle. 
If the divorce is hotly contested and there are children involved, there is a fear that there is an inherent risk that the parties do not have the child's best in mind. For example, in a fight over split custody, one parent may accuse the other of having an unsanitary or dangerous house that is unfit for children. Obviously, this is an allegation and it may or may not be true, but most judges will not disregard a potential source of harm to a child. This often results in divorce judges being faced with competing stories, each told with the emotion and ardor that usually accompanies divorce cases. What is a judge to do? Enter the GAL. The judge will appoint a GAL to act as an advocate for the child and ensure that the ultimate resolution is in the best interest of the child. In the example above, the GAL would probably inspect the residence to substantiate the allegation and report the findings to the judge. Again, the goal is not to prove which parent is telling the truth or lying, but to ensure that the child is in a safe place. The Texas Guardian ad Litem statutes, Texas Family Code §107.001 at seq., set forth the powers and duties of a GALs. If a judge orders a GAL to represent a child, it is very important that you have an experienced Texas family law attorney on your side to ensure that your interests are represented adequately.
Bad Connections: Linking Depression to an Unsupportive Spouse
A recent research study highlights the connection between individuals feeling depressed and a lack of support from their spouse. The study found a strong link between the relationships that an individual has with their loved ones and their likelihood of experiencing depression in the future. There's a strong association between fighting and lack of support early on and emotional problems for the individuals in the future.
Anyone who noted strain on their current marriage or relationship was much more likely to face depression later on. Knowing about the signals of a bad marriage can help a person know when it's time to file for divorce. A strained marriage can put a lot of pressure on not only the people in the marriage, but their children and other loved ones as well. A lack of support can have a serious impact on the other spouse, including emotional problems and issues making new friends. This kind of problem can also cause resentment to build within the marriage. What is unique about this study is that those without a spouse did not face any increased risk of depression down the line.
What is Considered Child Abuse?
There is much debate among parents, kids, and awareness groups when it comes to child abuse. However, Texas law does define child abuse. Chapter 261 of the Texas Family Code states that child abuse is considered anything that is an act or omission of an act that directly endangers or in some way impairs the child's physical, mental, or emotional health. Child abuse is always a major concern when the issue of child custody is discussed in family court and is a major determination in the custody hearing.
Child abuse can be physical, emotional, verbal, or sexual. While a parent is within their right to "reasonably" discipline the child, the penal code does protect the child against sustaining substantial harm.
Physical abuse can usually be recognized on sight. Physical abuse takes place when the child is hit, kicked, burned, cut, choked, or otherwise physically harmed by another person. Corporal punishment is considered abusive if there is an injury involved. Many abused children make excuses for the injuries such as saying that they had an accident, they were playing, or that they are just clumsy. There will not be a reasonable explanation for the injury and the injuries will often be recurring.
Emotional injury is harder to detect. Emotional injury is usually inflicted via verbal assault on the child. The abuser may call the child names, belittle the child, threaten the child, or blame the child for things that they have no control over. Children who are verbally abused may also verbally lash out at friends or siblings, they may be socially withdrawn, or act out in other ways.
Neglect is another form of abuse. A neglected child is often left at home alone and may be placed at substantial risk because the caregiver has not arranged for the proper care of the child. The definitions of abuse and the types of abuse can vary greatly. If you suspect that your ex-spouse is abusive, an experienced Austin family law attorney can help you get full custody of the children.
Image courtesy of David Castillo Dominici/freedigitalphotos.net
Divorce and Adolescent Children
Divorced parents may wonder whether their adolescent children behave the way they do because they are just at that age or because of the divorce. The truth is that it may be both, according to an article in the Huffington Post.
The teen years are a time when many kids start to become independent and establish an identity for themselves. This process won't simply happen overnight. In adolescence, children often begin to challenge their parents over chores and other tasks. But if a parent has built a reasonably good relationship with his or her child in the past, it is more likely that their relationship will continue to be civil.
Divorce often makes home life more difficult. Parents have their own worries to deal with and they may be stressed about being a single parent. The loss of the family unit greatly affects both parents and teens. While it may be relieving that they don't have to see their parents' fights any longer, many teens experience other problems in the aftermath of a divorce.
The Importance of a Prenup
Marriage vows end with "Til death do us part". But just in case it doesn't work out that way, it's always good to have a prenup.
A prenuptial agreement is a plan that addresses the financial consequences if a marriage does end. There are many important reasons why couples should have one in place before the wedding. If one of the parties is wealthy and the other is not, it protects both in the event of a divorce, by clearly spelling out what each party is entitled to upon the dissolution of the marriage.
If one party is bringing a high load of debt into the marriage, a prenup can help make sure the other spouse doesn't become responsible for paying those debts if the marriage ends.
When one of the couple owns a business, a prenup ensures that an ex-spouse does not become a permanent business partner. Prenups also help keep prior estate plans in place.
States Weigh in on Same Sex Divorce
One of the biggest happenings in the news this year is the Supreme Court addressing the issue of same sex marriages. However, according to My FOX Houston, states that do not support same sex marriage are having to address issues of same sex divorce.
When different states across the nation were passing laws making same sex marriage legal, same sex couples from other states were flocking to those states to exchange vows. Now this has created a new issue. There are now couples who are seeking to get a divorce, and they are hoping to have the case handled in the state in which they reside.
The Attorney General submitted a brief, stating that gay marriage simply doesn't exist as far as Texas is concerned. While it may exist in other states, it doesn't exist in Texas. He also went on to state that the state of Texas cannot preside over a divorce case when the marriage itself does not exist.
This briefing gives the divorcing couples two different options. They can either void the marriage in Texas or they can return to the state in which they were married. One point of concern for some of these couples is DOMA. DOMA stands for the Defense of Marriage Act. The act states that one state does not have to recognize the law of another state. If this is held to the letter, voiding the marriage may not be recognized in another state and if one of the divorcees decides to remarry, they can be considered a bigamist. However, based on the present laws, the laws of the constitution trumps the law of the state.
New Divorce Law Changing Divorce
While it's a common fact that divorce rates have been on the rise since the 1950s, it's been several decades, according to the Huffington Post, since Americans have done much to curb the consequences of divorce on families. It was for the reason, reports the Huffington Post, that in 2001 interested parties "launched the Coalition for Divorce Reform (CDR), a non-partisan coalition of divorce reform leaders, marriage educators, domestic violence experts, scholars and concerned citizens." The goal of the coalition is to increase awareness about the consequences of divorce, and to put an end to a nearly-four-decade-long silence about frequent divorce.
By and large, the divorce rate has decreased since 2000, according to the Center for Disease Control, when it was 4.0 for every 1,000 people. In 2011, the most recent year for which data is available, that number had dropped to 3.6—yet this was an increase from 2008 and 2009 when the divorce rate per 1,000 people was slightly lower at 3.5. According to the Bureau of Labor Statistics by the 1990s, the percentage of family households "maintained by divorced, separated, or never-married married had risen from about 70 percent in 1950 to 93 percent."
Reasons for Pre-Nups
In the midst of planning your wedding, many legal experts say you and your future spouse should also be creating your prenup. A prenuptial agreement is a legal agreement between two people who marry that deals with the financial consequences should the marriage not work out. Every couple has a prenup in place when they get married – it's called divorce law. However there are many reasons why the laws of the state you may be living in if your marriage ends may not be beneficial to you. A prenup overrules those laws and is specific to you and your situation.
If you have more wealth than your partner, a prenuptial agreement protects your assets should the marriage end. It also is important if you earn a lot more than your partner does. It would limit the amount of alimony, if any, they could be awarded.
If your partner is bringing a high debt into the marriage, a prenup will protect you from becoming responsible for those debts if the marriage ends.
Pet Custody in Divorce
According to San Antonio Magazine, the "late author Nora Ephron once compared having a baby to throwing a hand grenade into a marriage." This could be one reason that more and more married couples are opting to not have children, and those that do are less likely to have more than two. According to the U.S. Census Bureau Statistical Abstract, in 1980 there were 28,528,000 families in America without their own children. By 2010, this number had risen dramatically to 43,615,000. Similarly, the average number of people per American family dropped from 3.29 in 1980 to 3.16 in 2010. Arguably, this makes divorce easier—couples without children who choose to split have far less issues to decide upon, namely child custody and child support. Yet couples without children aren't necessarily going it alone. For many childless couples, pets have become "replacement" children. And deciding pet custody issues can often be as complicated as child custody.
According to a publication released by the Michigan State University College of Law, "pets are considered to be personal property, capable of human ownership and control." This means that the laws regarding pet custody during divorce are meant to benefit the humans in the relationship, not necessarily the pet—unlike the laws regarding child custody. And yet because pets are beginning, in many cases, to be regarded as highly as children in some relationships, some courts are beginning to change the perception that pets should be regarded as property. These courts are, according to the MSU publication, "willing to treat pets more like children." This has, so far, been seen most often when considering custody of dogs. Courts have also, according to MSU, "awarded shared custody, visitation, and alimony payments to the owners."
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