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 ››

 Posted on October 20, 2021 in Family Law

Many men feel blindsided when their wives tell them they want a divorce. After all, you promised to spend the rest of your lives together, for better or worse. Realizing that she does not take that commitment as seriously as you do can be a real shock.

Rather than letting denial run the show and continuing to do nothing, there are certain steps that you can take to protect yourself if the end of your marriage is potentially on the horizon.

Listen to what she has to say

Someone asking for divorce will usually give you an explanation as to why. Understanding the logic behind the decision can help you emotionally process this unexpected change. Rather than arguing with her about the idea, you may simply need to hear her out and then consider the issue.

Take time to process

Spontaneous reactions very rarely benefit people facing massive legal changes. Don’t just pack your stuff and leave the same night she brings up the topic. Give yourself time and space to think about things so that you can take the right steps to protect yourself.

Continue Reading ››

 Posted on October 12, 2021 in Divorce

If you have a spouse who was wealthy prior to your marriage and would like to divorce them, you may find yourself in a unique position. In some ways, divorcing can be beneficial for you. You can leave a relationship that is not working for you. You have the option of fighting for a share of your marital assets, too.

At the same time, divorcing someone who is financially well-off can be difficult. They have the money to take you to court and to use the best attorneys and support that they can afford. You may not be in that same position.

What can you do to level the playing field?

If you’re divorcing someone who has the money to make your life difficult, you should carefully consider if you can negotiate with them to avoid conflict. If you rely on your spouse for an income, it’s equally important to make sure you work out your budget in advance and ask for what you need knowing your limits.

Continue Reading ››

 Posted on September 14, 2021 in Divorce

Unfortunately, some people find themselves in a situation where they feel that the other parent may leave with their children unexpectedly. They may already have frequent arguments about the custody schedule or be dealing with threats of fleeing or withholding custody.

It’s important for parents to be able to take steps to prevent a parental abduction. One of those possible steps could be to use a tracking app to see where your children are. Can you use it though? Is it legal to do so?

Location devices and your kids

It is pretty typical for kids to have location devices in today’s world. Smartphones and smartwatches have location settings and parental controls that may allow you to track your child’s location if necessary. Of course, this device has to be with them, or else it won’t be any help.

Continue Reading ››

 Posted on August 20, 2021 in Child Custody

In Texas, there is a standard possession order applying to custody cases. Right now, it is a standard order that 75% of custody will go to one parent while 25% goes to the other. This is an older rule that could be updated to reflect a more modern 50/50 split with the option to adjust it as fitting based on the parents’ situations.

Parents in Texas have been arguing to have the assumed standard possession order changed to 50/50 custody because not doing so is encouraging fighting and litigation. Parents who don’t litigate to make themselves seem like the parent who should get primary custody currently may find that they end up only getting to see their child around 25% of the time.

50/50 shared custody is the goal for many parents

Many parents want to have a 50/50 custody schedule. They also want to make sure that fathers are getting the right amount of time with their children. The attorney general’s office has admitted that only around 8% of custodial parents are men in Texas. Some believe that this places an unfair burden on women because there is an assumption that they will take over a motherly role following a divorce rather than getting equal support from their child’s father.

Continue Reading ››

 Posted on August 11, 2021 in Divorce

You and your spouse have probably set aside money for years to fund your retirement. Filing for divorce will inevitably impact those retirement savings. Some people have to spend money set aside for retirement to cover the cost of divorce.

Even those who can absorb divorce expenses without tapping into retirement savings will usually have to split retirement accounts and pensions. The community property laws in Texas give each spouse a claim to retirement savings and pension benefits accrued during the marriage.

When you file for divorce close to retirement age, you will want to be proactive about protecting your plan for retirement. Taking the two steps below will help you figure out an estimated budget for your post-divorce retirement.

Learn about your Social Security retirement benefit rights

If you and your spouse both work, you may each have Social Security retirement benefits that you can claim when you get older. However, even in households where both spouses work, it is common for one spouse to learn more or to focus on a career more than the family.

Continue Reading ››