Daily Archives: September 19, 2019

improving family law
Family law plays a vital role in the balance of the public. It governs the most basic unit of our society, the family. In the advancing world that we live in, the perfect family is becoming uncommon. A lot end up in divorce. Every year, there are about 75,000 people who resort to divorce in fixing their marriages. Quite a number, you think? This statistics is only in Texas alone. Also, note that 40 to 50 percent of first-time marriages end up in divorce. Looks like a pretty tough job for the Family Court, right? Thousands of divorce papers, emotionally unstable parties, and the kids who are hurting most especially; this is the daily scenario of our Family Courts. Everyday, lawyers, judges, psychologists, social workers and even our police force work hand in hand to solve conflicts in our families. Nevertheless, our Family Law practitioners believe in one thing: the system is broken. The Family Court needs to be fixed and still a lot of people want to fix it.  I have encountered a lot of cases, not just in Texas, but in different countries as well, of the failing system in our Family Law today; it fails not the parents but our children. I am not saying that we need to step up against divorce because it ruins our family, divorce actually helps in the symmetry of our system, but, I am saying this to step up for the better performance of our Family court. Being underfunded and with the “more jobs, lesser attention” that we are practicing is what makes the courts inefficient. As what Bill Eddy, an attorney and therapist, has said about high conflict family law cases, Family Courts need more training, time, and money for their services. Issues such as mental health problems, especially in […]

Improving Family Law

If you will simply base it on the movies, TV shows and books, you might think that adultery is as grave a crime as murder. This is probably the reason why many people have the notion that adultery is a crime, and if your spouse will cheat on you, you can send him to jail.  What is the real score as far Texas Law is concerned? Adultery In Texas In the simplest terms, adultery is not a crime in Texas. If your spouse cheats on you, you cannot send him to jail simply on the grounds of adultery. Your spouse will also not get a criminal record or even pay a fine because he cheated on you.  It does not mean that adultery will have no consequences under the law in Texas. There are provisions in the state’s legal code that aims to punish adulterous behavior. One of the most common consequences is that adultery or infidelity is a “fault” in a “fault-based” divorce. In this case, you can file for divorce whether your spouse is agreeable or not. In a fault-based divorce, you can prove the fault, and that would be enough grounds for the judge to grant the divorce in your favor.  Not all divorces are treated the same. In a fault-based divorce based on adultery, the judgment can be affected. For child custody, the judge may consider adultery in the decision although it is not necessarily a rule. While there should be no direct provision of how adultery affects custody, it could be considered that the affair may have compromised the welfare of the children.  It may also be a factor in property distribution. Judges may decide from the perspective that a marriage that would have worked well was destroyed by the infidelity. In that case, they […]

Can I file a Criminal Action Against an Adulterous Spouse in Texas?

division of property
A married couple shares many things between them. Most have purchased or invested property like houses, cars and other property. If the couple divorces, they will have to settle the division of their property. Texas as a Community Property State Texas is one of the states that uphold the concept of community property. All of the property that either spouse acquired while they were married will be community property. Both spouses will share it equally. Thus, a spouse has to prove which of the properties are their separate property. Separate property is acquired prior to the marriage or any property that is specific to one spouse. It can be through inheritance, as a gift, or as remuneration for a personal injury. Anything that has not been declared as the separate property will then be part of the community property. It will be subject to distribution by the court.  How the Court Divides the Property The guiding principle of the divorce court is equity and fair play. The judge will consider all the circumstances surrounding the divorce. Custody will be a factor since they need to look out for the welfare of the child. Thus, the parent who is taking responsibility for the child might be given some favor.  They may also consider the disparity of the ex-spouse’s income and even who was at fault in the divorce. The divorce may place one party at a disadvantage. For example, a housewife who would suddenly have no source of personal income. The judge may also consider that one party may have difficulty if they seek employment because of no work experience due to marital responsibilities. Investments and Pension Plans Any investments and retirement plans that have been undertaken at the time of marriage is community property. It is also under the discretion of […]

How the Court Divides the Property