Posted on June 14, 2022 in Divorce

Couples in Texas get divorced for many kinds of reasons. For example, some people get divorced because of health issues. One spouse may not want responsibilty for the other’s medical bills. Other spouses grow apart over the years and separated to pursue what makes each of them happy.

A significant number of divorces in Texas occur because one spouse cheats on the other. Infidelity is among the leading causes of modern divorce, and it can lead to very emotional divorce proceedings. The spouse who discovered the affair often wants justice, and they may try to use the courts to seek it.

Will you need to prove that your ex was unfaithful to divorce over adultery in Texas?

Proof isn’t necessary just to get a divorce

In Texas, as in most other states, you can divorce in no-fault proceedings without proving anything about your marital circumstances. You don’t need evidence of adultery or other misconduct when you divorce based on claims that your relationship is beyond repair.

Continue Reading ››

 Posted on May 09, 2022 in Divorce

Marriage vows require a lifetime commitment of fidelity and mutual support. It is easy to make such a promise at the peak of your romance with someone else. It can be a lot harder to fulfill those obligations week after week, year after year.

People sometimes find themselves struggling to maintain their marriages despite having entered into the union with the best of intentions. They may feel emotionally disconnected from their spouse or violated by something their partner recently did.

Many of these couples turn to marriage counseling or couples therapy to work on their issues. However, couples therapy has a somewhat negative reputation. There are those who say that it is better to file for divorce than to try to work through an issue in couples counseling.

Does couples therapy ever help those struggling to keep their marriages alive?

Research shows couples counseling often has a positive impact

According to a recent review of marriage counseling, almost half of all marriages in the United States will eventually require the help of a professional counselor. Despite the stigma attached to couples counseling and the common assumption that couples who need professional support are better off divorcing, statistics paint a different picture.

Continue Reading ››

 Posted on April 20, 2022 in Child Custody

It is common for divorcing parents to have a hard time agreeing on custody matters. Thankfully, Texas has laws in place to help navigate these predictable conflicts. The courts can help support parents trying to negotiate custody arrangements and can also apply state law to high-conflict scenarios where independent resolution between the parents is unlikely.

When the courts have to make those big decisions about custody arrangements, the goal is to set terms that reflect the best interests of the children. Sometimes, the courts will ask one or even both parents to undergo a court-ordered psychological evaluation as part of the custody proceedings.

When are such evaluations necessary?

When there are claims of domestic violence, mental illness, addiction, child abuse or child neglect

If your ex has claimed that your access to the children endangers them, the courts won’t just take them at their word. Instead, they will look into the situation and take action if they deem it necessary.

Continue Reading ››

 Posted on April 12, 2022 in Divorce

Most divorcing parents in Texas can expect to share custody of their children. The parents will each establish their own household, and the children will spend time with both of them according to a pre-arranged schedule.

Unique family circumstances demand a more nuanced approach to child custody matters. If you and your spouse have a child with special needs, your custody arrangements may be significantly different than the arrangements that other families create.

Any child will struggle with the changes and perceived instability of the family unit after a divorce, but children with special needs may find the changes to their living situation and schedule particularly distressing and destabilizing. Birdnesting is a custody solution that could potentially help parents trying to make divorce easier for their child with special needs.

How does birdnesting work?

The home that you share with your spouse is probably where your child feels the safest. Needing to move to a new place can make a child feel insecure and require months of adjustment. Even if they spend some of their time in their home, leaving it to visit with the other parent can be very stressful. They may also have behavioral issues that crop up just before or after custody changes because transitions are difficult.

Continue Reading ››

 Posted on March 11, 2022 in Divorce

When you’re married, you want to trust that your spouse is the right person for you. Unfortunately, that won’t always be the case.

Sometimes, people change over time. Other times, there were yellow flags before the marriage that have now become red. If you’re concerned that your marriage isn’t what you thought it would be and think that you may want a divorce, look for these three red flags to help you make your decision.

1. Your spouse keeps making decisions without you

One big relationship red flag for people to recognize is when their spouses keep making decisions for them. When your spouse isn’t asking for your input on major purchases or financial decisions, you may be left to help with a bill that you didn’t really want to take on. If you aren’t both on the same page, you may end up feeling resentment towards one another.

Continue Reading ››

 Posted on February 22, 2022 in Family Law

You may have spent months or longer trying to work on your marriage or build up the courage to talk to your spouse about the situation. You’ve been unhappy for years or have known that your spouse isn’t faithful to you.

Now, you’re finally ready to make a change. However, when you sit down to talk about divorce, your spouse tells you no. They insist that they will not allow a divorce and that they intend to stay married to you. Can your spouse really deny you a divorce in modern Texas?

Only one spouse needs to want a divorce

Marriage requires the consent of both parties. When one spouse no longer wants to stay married, the other cannot force them to remain in the relationship.

Although your spouse can tell you that they don’t want to divorce, they cannot compel you to remain legally married if you follow the proper steps. What should you do when your spouse tells you you can’t divorce them?

Take steps to protect yourself if necessary

If you have experienced physical or emotional abuse from your spouse, that misconduct may escalate now that you have brought up divorce. On the other hand, their behavior may temporarily improve, only to get worse later when they feel more secure in the relationship again.

Continue Reading ››

 Posted on January 12, 2022 in Divorce

A lot of divorce cases start after a period of prolonged marital stress. This may mean that there isn’t a single event that instantly causes the couple to split up, but there is a long string of events that puts so much stress on the relationship that they eventually have to end it.

So what types of marital stress should you watch out for? If you see these different types in your marriage, does it mean it’s time to start thinking about a divorce? Knowing what to look for in advance can only help you, so here are a few examples.

You don’t know how to communicate

Communication problems often lead to stress because people just cannot talk about what is bothering them. They may feel like they are walking on eggshells and they’re nervous about upsetting the other person, but they don’t know how to say what they’re feeling. This is eventually going to come to a head and cause a bigger problem than if you would have just communicated well along the way.

Continue Reading ››

 Posted on December 15, 2021 in Divorce

You may not yet know if you want to get a divorce, but if you think that one is coming in the future, now is the time to look for signs that your spouse is spying on you. Did you know that around one out of every five spouses uses spy gear to spy on their partner before they file for divorce?

According to one study from a divorce agency, around 20% of ex-spouses admit to engaging in spy activities against their spouses, even though those actions may be illegal. The number of people doing this seems to be growing, too, with the firm suggesting that the increase from a decade ago is around 60%.

Why do spouses spy more today?

One of the simplest reasons is because it’s so much easiest to spy on your spouse today. Technological advances have made it possible to use dash cams, tracking devices and spy software on phones. It is easier than ever to track someone or to use a nanny cam to keep an eye on them.

Continue Reading ››

 Posted on December 14, 2021 in Divorce

It’s always all about your spouse. If you have something you want to do but it isn’t something they approve of, they make you feel terrible about it. They make life about their experiences and make it seem like they’re the best thing that has ever happened to you, even though you feel terrible in your relationship.

If this sounds familiar, you may be getting ready to divorce a narcissist. Divorcing is tough regardless of who you’re leaving, but when you try to leave a narcissist, things could get messy. Here’s what you can do to prepare.

1. Prepare to face irrational actions from your partner

The first thing to do is to prepare to face your partner being irrational. At first, they might fight to get you to stay. They may shower you with gifts and things you’ve wanted to do. That’s all to make you guilty and to get you to stay.

Continue Reading ››

 Posted on November 11, 2021 in Divorce

Some people make the decision to divorce and act instantly, but many others take time to prepare before they file. It is important to make arrangements to live independently and protect yourself financially when you file for divorce. However, you have to be careful about how you attempt to do so.

The wrong actions could look like misconduct to the courts and possibly undermine your rights in the divorce proceedings. You have to be honest about any property you take, especially if it is community property under Texas law.

How could your financial preparation for divorce lead to accusations of misconduct?

When you don’t disclose your secret escape fund

It is common for people to set aside money so that they can support themselves after a divorce filing. However, the income you used to fund that account or stash is technically a marital asset.

Continue Reading ››