prenuptial agreement
If you’re someone who’s planning to get married soon, the thought of getting a prenup might have crossed your mind once or twice, but why would you, right?  Prenuptial agreements – legal documents that state how a couple’s assets and possessions will be divided in case of a divorce – aren’t really necessary, especially if you know the law and are satisfied with their terms. But coming up with a prenup doesn’t easily equate to being a non-romantic, it just means that you’re someone who is careful about your future, and takes into account the possibility that all relationships come to an end, even if we didn’t want it to. It’s not bad to plan for the future, especially if you own properties, stocks, have children, or would be spending for the family, such as education. Let me show you what I mean. The Up and Down Sides of a Prenup Let’s start with the upsides: It could help identify who gets what, for example, a business you already have before entering the relationship It can be crafted according to your preference and situation, but of course, it could only cover those that are within the law It could protect you from each other’s individual debts that may pile up before or during the course of your marriage, such as student loans It could save you more time in the future, because negotiations regarding properties would no longer occur given that they are already stated in the prenup  It can help you prepare for the worst possible consequence a divorce could give you based on your own previous experiences However, it also has its downsides: It could make you look like you don’t trust your relationship to last and that you’re open to the possibility of separation or divorce, even […]

Prenuptial Agreements: Why is it more relevant today?   Recently updated !

No fault divorce courtroom
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 to give children a better future through securing the idea of marriage. While at first glance this may seem okay, it puts a thorn in the side for many divorces.  In some cases, women will seek divorce because they or their kids are being abused.  However, unless the man has been caught abusing his wife, this new law would make it impossible for them to get a divorce.  This could result in violent relationships to continue on. Krause has been quote as saying that marriage has been devalued as of recently.  He wants Texans to admit to their mistakes and […]

No-Fault Divorces in Texas May Become Harder after New Bill   Recently updated !

domestic violence in digital age
Technology, while a very helpful tool in this day and age, can also be a tool used for violence. A Californian woman experienced this while she was trying to get away from her controlling and violent husband. She planned to escape to Oregon and stay with friends but her phone’s GPS was used by her husband to track her down. He searched her phone records which helped him determine where his wife was staying.  After locating her whereabouts, he started calling the woman’s friends and even left them threatening voice mails saying he would kill anybody who helped her.   There is no question that technology of smart phone has made life more convenient and has connected a lot of people. Flipping the coin, this technology has also made it harder for domestic violence victims to escape from their abusers. Cellphones keep detailed call log information, GPS services, and applications. The principal wireless account holder is granted access to all this information. This also includes application purchases and the GPS location of the wireless phones under the account. With the family plans becoming more popular, the principal account holder may be able to control the entire family’s cellphone service. When the principal account holder is an abusive person, they have the ability to turn their victim’s cellphone as their weapon against the latter. This is done by interrupting their service, or using the information contained in their account to intimidate and stalk them. Federal Communications Commission regulations are requiring 95% of cellphones to have GPS technology. This technology is undoubtedly helpful in emergency cases. However, national statistics show that approximately 10 million men and women experience abuse from their intimate partner every year with the use of this technology. Therefore,  there is an obvious need for a mechanism to protect the […]

Domestic Violence in the Digital Age   Recently updated !

If your marriage is on the rocks, it’s possible that you have already considered getting a divorce at least once. In thinking about a divorce, you must have several reasons why you’re even considering it. It’s likely that there’s either you have arguments regarding trust or infidelity or money issues that would push you over the brink. If you are in the middle of such issues, it might be difficult for you and your spouse to consider any other option to save your marriage. Things might get too tough that the only thing you can think about is getting a divorce. In marriage, it is almost impossible for the couple to not ever fight. Family lawyers generally see more of these fights than any other professionals. We see married couples fighting about all sorts of things, some of which eventually lead to an unfortunate breakup that tears a once-happy family apart. Often these fights range from one spouse accusing the other of infidelity and other fights are more about the finances and some fights are even about trivial stuff like who should do the dishes. What kind of fights should you look out for if you’re looking for signs of a potential divorce in the future? Fights About One Spouse Being Barely There When couples fight about one spouse being absentee most of the time, this is a warning sign. Many couples who have this problem should seek the help of a counselor or a therapist because this is a definite warning sign. The case of an absentee spouse is usually one that is caused by taking your spouse or marriage for granted. It is quite easy in our current society to focus more on other things other than your own marriage. You’d think that it’s better to immerse yourself […]

Are Your Arguments Leading to a Divorce?

Grounds for Divorce in Texas
Infertility, or when a woman is unable to conceive a child, is not a ground for divorce in Texas laws. Hence, it cannot be used as a means to dissolve a valid marriage. According to Texas family laws, there are only seven (7) grounds for divorce, and infertility does not fall into any of them. No-fault Divorce Generally, divorce grounds in Texas may be considered into two categories: the “no-fault” and “fault” divorces. One of the grounds falls under the “no-fault” divorce, one called “Insupportability” under the Texas Family Code, which is the first ground listed under such law. It basically means that neither party is solely responsible for the resulting divorce. Based on statute, it says, “on the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”  Fault Divorces The other six (6), as opposed to the first ground, are considered as “fault” divorces. This category is based on the assumption that one of the parties is at fault. Other Grounds for Divorce The second ground mentioned by the Family Code is Cruelty. What the statute says about it is that “the court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable”.  The third one mentioned is Adultery, such as when “the other spouse has committed adultery”.  The fourth is Conviction of a Felony, wherein the provision laid out three (3) ways when the court may grant divorce: If, during the marriage, the other spouse has been convicted of a […]

Is Infertility a Ground for Divorce?

prenuptial agreement
In a conventional marriage, most people will look down on prenuptial or premarital agreements. The reason for this is because people tend to think that once a prenup is in the picture, it is because the couple does not have enough trust for each other and each other’s assets. For those who believe that marriage is about giving everything to each other, they will also eventually think that a prenup is something that will hurdle that. After all, prenuptial agreements only came into existence recently, mostly because there are so many things that happened in the past to a couple’s property and finances that led to their detriment. What is a Prenup? To give a brief background, a prenuptial agreement is a document that will give a specific delegation of all the assets acquired by both spouses before and after marriage. Today, it is important to get a prenuptial agreement so that there is a document that would serve as a basis for each couple’s ownership of certain things. This is done so that when there are certain instances that will happen that will break the marriage, the properties and assets of both couples are protected by law. It is only evident nowadays that married couples eventually get into a divorce. A prenuptial agreement will help with the division of assets. In Texas, it is only vital to get a prenuptial agreement because it can give a clear definition on which properties and assets the couple will identify as marital or separate property. In case one of the spouses pass away, the prenup can also answer to the delegated shares of property of all parties involved. This also gives the couple the opportunity to separate debts, family businesses and other assets in order to avoid chaos in ownership. Frankly, there […]

Understanding Prenuptial Agreements

same sex marriage
Texas is considered as one of the progressive states in the United States because it recognizes same-sex marriages as legal. This recently was implemented last June 26, 2015 and has granted the privilege of marriage to partners of the same gender. More about its legalization is explained in the landmark case Obergefell v. Hodges. Thanks to this case that has changed the books of History, same-sex couples are now given marriage rights in the same way that opposite-sex couples do. Getting Married Being a same-sex couple in Texas, in order to get married, the couple must have a license to marry. This can be availed at the office of the county clerk. Afterwards, the court requires a waiting time of at least 72 hours before the couple can get married. Marriage should be initiated by a judge or an authorized religious official, where the couple is required to sign a marriage license issued by the court in their county of residence. A sworn application of the couple should indicate a detailed narration of the facts that prove that both individuals involved in the marriage is legally capable of entering into the marriage. For individuals who wish to get into a marital relationship but are below the age of 18 years old, they should acquire the written consent of their parents, or a court order that legalizes them to get married. In the same manner as opposite-sex marriages, it is also important to note that individuals are not allowed to marry those who are related to them by blood, those who are not currently married, or those who wish to marry a current step-child or step-parent. This is covered by the other statutes of the law that does not allow such to be involved in a marriage. When the court in […]

Same-Sex Marriage and Divorce in Texas

drug addiction
Drug addiction in any way is not beneficial to anybody. It is even more detrimental when more people become affected by just one person’s drug addiction. One of the many examples of being affected by drug addiction is in the family. When Drug Addiction or Substance Abuse is in the picture, it is very dangerous for a family to easily be broken physically, emotionally and spiritually. Substance Abuse is very dangerous and can have a lot of negative impacts on the lives of the spouses and the children. This may lead to a very complicated life, and may lead for the children to take after their abusive mother or father. These kinds of cases should not be taken lightly as there are other factors that need to be considered in order to avoid further damage to other lives. Deprivation of Custody In the state of Texas, the Family Code states that the one important part of the family that must be protected at all times are the children and their rights as citizens of the United States. The Family Code values the children and in the eyes of the law, the children must always be under the protection of those who are fit enough to provide for them and their basic needs. A custody issue can arise from a Drug Addiction problem. The Judge will have to decide on the basis of the best interest of the child taking into consideration the needs of the child and the means and capability of the parents to provide for those needs. This will include the provision of food, shelter, clothing and the safest environment for them to live in. In this sense, the judge has the power to take away custody from one parent and award it to the other parent or […]

My Spouse has a Drug Addiction, What Now?