Marriage

7 posts

Preparing for a Divorce in Texas

Being in the position of having a potential divorce is often one of the worst times in a person’s life.  Should you think you have reached that point in your life where your marriage is past any point of being repaired and you think a divorce might be necessary, there are some steps you should take to prepare yourself for a divorce. Step 1. Find A Divorce Attorney Unless you have been through a divorce before, you probably do not have a divorce attorney.  You should start looking for one right away and consult with them on the process of a divorce.  This will include inquiring about your rights and responsibilities in regards to custody and property. Step 2. Prepare A Property Inventory Go through everything you and your partner own.  That means finding major items throughout the house and inventorying them.  From furniture to art and automobiles you should make sure to get everything of value.  This also includes things that might not be at home such as those in safe deposit boxes and storage facilities. Knowing all you can about the property owned between you can be key in a divorce case. Step 3. Get Copies Of Everything […]

A Quick Guide to Divorce

Adultery and Alimony in Texas

Adultery is one of the factors behind couples filing for divorce in Texas. Married couples experiencing adultery are most likely to separate at some stage of their lives. In cases where adultery causes divorce of a couple, there is a strict need to define the rights and responsibilities of the parties involved, especially those pertaining to financial matters. One can file for divorce based on adultery in Texas. Adultery can affect the decision of financial issues in a Texas court such as alimony and property division. It is defined by Texas Law as having been deliberately involved in a sexual relationship with somebody who is not your spouse. While filing for a divorce resting on adultery, it is crucial to produce a proof of the affair, which could be anything from phone records and emails to photos and videos, in the court. Generally, courts in Texas grant alimony to the candidate who does not have enough financial resources to support himself/herself and whose ability to earn has been damaged during all those years of the marriage. Alimony is granted if: the spouse applying for alimony cannot earn because he/she has to look after a minor child or because he/she has […]

No fault divorce courtroom

No-Fault Divorces In Texas May Become Harder After New Bill

In Texas, a no-fault divorce is the default mechanism to request a divorce.  Officially by Texas law, a no-fault divorce is when there are conflicts between two parties that could not reasonably be overcome.  In reality, it is simply the type of divorce two people seek when they are looking to get out of a marriage, and serves as a mechanism to ending a marriage with the least amount of drama. It also provides an avenue for victims of abuse to leave a marriage without a burden of proving anything beyond that the marriage itself is unsustainable. State Representative Matt Krause is attempting to pass two bills in 2017.  The first bill increases the amount of time that two people must wait before a divorce is finalized.  This is in an attempt to get a couple to work out of their problems, instead of a divorce. The second bill that Rep. Matt Krause is putting forward will make it hard for all people to get a divorce.  This bill would make divorce only possible for criminal reasons such as abuse and adultery.  While Mr. Krause states he isn’t trying to deter people from getting divorces, he also says he hopes […]

Divorce and Separation

Mediation: An Ease to The Destructive Nature of Divorce

For those who are married, the perfect world would be to not get divorced.  And should you have to get divorced, that it would be a quick, easy, and pain-free process.  The reality of that is not true.  District Court Judge John Roach and Attorney Laura Roach (husband and wife team) have seen too many people get hurt through divorces, especially ones that go to court. As a solution, the two have taken on a personal mission to make the process easier for couples who are going through a divorce.  They want divorce to become an amicable process and to save marriages where they can be brought back to life. The husband and wife duo believe that the key to a good divorce is through mediation.  John uses his experience in the 296th Judicial District Court while Laura uses her time as a partner at the firm Albin Roach PLLC to work people through the process of mediation. Years have gone by and divorce cases always felt the same to the couple.  The clients would go to court and they would be fearing the worst.  Heartbreak, despair, and the fear of losing your life’s progress all weigh on a client.  […]

Divorce Rate Plunges to New 35 Year Low

US Divorce Rate Continues to Decline In a bit of positive news, the US divorce rate has continued its steady decline over the past few years to reach a new 35 year low. Its easy to jump to conclusions in regards to this data, as there are many different contributing factors, but it is an extremely interesting data point regardless. From my own experience, lack of financial resources to even contemplate the possibility of divorce tends to be a large factor in making that leap, and I am not sure that the decline in divorces really speaks to much more than the fact that many people simply don’t have the financial resources to contemplate and go through with a divorce process right now. Especially coupled with the rapidly declining marriage rate, more people than ever seem to be making the determination that marriage is not a necessary institution, even from the perspective of raising children. I may have a somewhat biased viewpoint in this, but I deal with a large number of couples and parents on a daily basis, and the skillsets to be a good parent, and a good co-parent, are not necessarily the same skillsets to make a good […]

Divorce Prevention: Premarital Education Course

Divorce Prevention: Premarital Education Course

Divorce can be a very painful and expensive process for everyone involved, and often the best solutions come before the time that people are looking for divorce lawyers, and in fact, often before the marriage itself. Everyone knows the statistics in regards to divorce, but always seem to think that it is something that only happens to other people, not themselves. The reality is that divorce is much more pervasive than people expect, and it is important to lay the proper foundation in your relationship to make sure that divorce is never on the table. Before you and your partner say “I do,” the State of Texas encourages couples to attend a free premarital education course. One of the benefits of attending a premarital education course is that the 72-hour waiting period that is typically mandatory between the marriage ceremony and the actually issuing of the marriage license is waived.  Additionally, couples who take the premarital counseling course receive the additional benefit of having a portion of their the marriage license fee waived.  Communication skills, conflict management, and the key components of a successful marriage are all common topics facing new couples, and not so coincidentally are also common topics […]

Gay Marriage

First Gay Marriage License Issued in Travis County

Two days ago, Travis County Probate Judge Guy Herman ruled the state’s ban on same-sex marriage as unconstitutional as part of an estate dispute. Because the state does not recognize same-sex marriages, the marriage of Stella Powell and Sonemaly Phrasavath was not recognized and her estate passed to her siblings instead of her wife of 8 years.   Today, the first same-sex marriage license was issued this morning to 31-year couple, Sarah Goodfriend and Suzanne Bryant who were then married in a ceremony outside of the Clerk’s office.   Judge David Wahlberg of the 167th District court issued an order to County Clerk Dana DeBeauvoir ordering her to, “cease and desist relying on the unconstitutional Texas prohibitions against same-sex marriage as a basis for not issuing a marriage license specifically to Plaintiffs Sarah Goodfriend and Suzanne Bryant.” The ruling was made based on medical issues, as Sarah Goodfriend suffers from ovarian cancer.   Because the County Clerk is complying with the specific court order, same-sex marriage licenses are not being generally issued in Travis County.   Going forward, it will be interesting to see how the legality of same-sex marriage unfolds here in Texas.   Source: http://www.statesman.com/news/news/breaking-news/travis-county-clerk-issues-first-same-sex-marriage/nkD63/