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Recent Blog Posts
Texas Families Anguished Over Russian Adoption Ban
A recent report from the News Journal of Longview, Texas reports that a recent decision by Russian lawmakers to ban American adoptions has hit close to home. Russia has previously been one of the top countries for international adoptions to the United States.
Moscow lawmakers made the decision in late December and it is only a part of the sanctions that they plan to put on the U.S. One Texas family spoke out about this ban stating that they adopted a seven year old Russian child in 2011. They also said that they have heard about several families who have been waiting to take children from Russian orphanages; making a home for them only to find out that their waiting was in vain because their adoptions were cancelled. Another family states that while the orphanage where they got their child was well run, it makes no comparison to a stable home for the children.
Many families are adding adopted children to their families even when they have biological children. Many people think that only people who cannot bear their own children would consider adoption, but that could not be further from the truth. One child that was adopted said that his possibilities were limited in Russia and that he feels that he can be anything that he wants to be in the United States. He also said that what he loves the most is that he'd have parents, brothers and sisters as well as an extended family. This is something that he could not have hoped to have as a resident in a Russian orphanage.
More Divorces around Valentine's Day
In the middle of February, people exchange gifts like flowers, chocolates and jewelry. They also celebrate Valentine's Day by going to fancy dinners and watching romantic movies. But there are more divorces than any other month of the year around Valentine's Day.
After the months of holidays stretching between Thanksgiving to New Year's Day, married couples take an honest look at their partnership. There is an opportunity to think clearly after the rush of holidays, families and vacations that allow couples to consider divorce. This close family time could be the cause of the divorce or the reason why couples wait until the New Year.
A survey conducted by the FindLaw.com website has data to suggest that divorce really is more popular in the beginning of the year. The website found that searches of keywords like "divorce," "family law," and "child custody" jumped nearly 50% from December to January. Those keywords were searched 10,000 times in December of 2010 to up to 16,000 times in January of 2011. And they only became more frequent up until April.
Texas Grounds for Filing for Divorce
Different U.S. states have different divorce laws, and this post will concentrate on the grounds upon which a divorce can be sought in Texas. The grounds for divorce are part of the information that needs to be provided in the Petition for Divorce. In addition to this blog post, the grounds for a Texas divorce petition can be found, for example, on divorcesource.com.
The appropriate lawful grounds, if agreed upon and substantiated by the parties, are:
- No Fault. If the marriage has become insupportable because of discord or conflict of personalities that destroys legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation, the court may grant a divorce without regard to fault.
- Cruelty. If one spouse is guilty of cruel treatment toward the complaining spouse of a nature that makes living together insupportable, the court may grant a divorce in favor of one spouse.
Fault and No-Fault Divorce in Texas
There are seven grounds, or reasons, for divorce available by Texas state law, and six of them require that there be a fault assigned to one party or the other. Only on the grounds of insupportability, "that the marriage can no longer continue because of disagreements or differences that cannot be resolved," can there be a no-fault ruling, according to WomensLaw.org. Any other reason for divorce requires that one spouse blame the other for the divorce. These reasons include cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital.
An at-fault divorce reason is used to determine the equitable distribution of property. "For that reason," according to Divorcenet.com, "you may want to include fault grounds in your petition for a divorce." That is to say, if you're shying away from an at-fault divorce in the interest of keeping things less messy, you could actually be harming your post-divorce life. Equitable property distribution assumes that any property or material items owned during the marriage is owned equally between the two parties. If you have separate property, according to Divorcenet.com, you "have to prove it by tracing it with clear and convincing evidence."
Dividing Marital Property in Texas
A major aspect of any divorce is the division of marital property. Tensions can run high especially if a decision was made a long time ago that one spouse would be the primary bread winner. While the paychecks might have just one name, Texas is a community property state, meaning that all assets belong to both spouses equally. The same is true for debts that the couple has acquired during the course of the marriage.
There are certain factors which may alter the ruling of a divorce court. Some assets may be considered separate property from the estate that is divided during a divorce. It is necessary to have strong and conclusive evidence that the assets are protected from division. This can include property that one spouse has acquired before the wedding. It can also be a gift or inheritance that was received by only one spouse during the marriage.
Another way that the division of property can be shifted in the favor of one spouse is through the court's decision. During the distribution of assets, the court can look to the education, age and health of each partner which will give an indication of the earning potential of each separately. They can also see who has custody of the children, who has more separate property, and who was the cause of the divorce.
Tragic Murder-Suicide Leaves Child's Guardianship in Question
A tragedy occurred in Kansas City on December 1st, when the arguments of a couple left a 2 year old without parents. Javon Belcher, a linebacker for the Kansas City Chiefs, argued with his girlfriend, Kasandra Perkins before a team meeting. Perkins was the mother of his daughter, 4 year old Zoey Michelle Belcher.
The argument about the previous night was punctuated by gunshots; Belcher shot Perkins multiple times, kissed his daughter and then drove to Arrowhead Stadium. He asked to see his head coach, Romeo Crennel and defensive coordinator Gary Gibbs. After thanking them for trying to help and asking them to protect his daughter, he turned the gun on himself.
Authorities turned custody of Zoey Michelle to Cheryl Shepherd. Shepherd, the mother of Belcher, was staying at her sons for two weeks prior to the devastating shooting. Two weeks had passed when Shepherd filed to be Zoey's guardian and conservator of Zoey's estate in Jackson County probate court in Missouri. Unfortunately, at this time, Shepherd no longer has custody of her granddaughter.
Texas couple arrested for boy's death
Charleston Williams, one of the adults who was arrested in relation to the case surrounding the boy's death.[/caption]
The father and stepmother of a San Antonio five-year-old boy were recently arrested in connection to his death. Recent details stated that the boy had only been in the couple's custody for six months.
Crystal Williams, 27, and Charleston Williams, 25, took Josiah Williams into custody after his biological mother was sent to prison. The couple now faces charges of felony injury to a child and it is unknown whether or not either of them has a lawyer.
Josiah was found unresponsive in his family's home on Thursday, December 27 with two black eyes, bruises, and cuts all over his body, according the arrest warrant affidavit. He also had gashes inside his lips and he showed signs of "prolonged malnutrition," which was proven later when it was found that the five-year-old boy weighed only 38 pounds.
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