military divorce
As much as separation seemed to be unavoidable in typical marriages these days, the same goes to military couples or those who have spouses who are on duty to protect the nation. Divorce between a person in uniform and his spouse have a pretty much the same procedure as the others. In the military, divorce is considered to be a personal issue and thus leaves the matter to the civilian court. However, there are some considerations to be done when it comes to military divorce. There are laws protecting both the military person and his or her spouse during and after the divorce.  Rights as a Member of the Military Since military members do not permanently stay in one place when at duty, they have some choices on when or where to file their divorce. They can choose to file either on the permanent residence of the spouse filing the divorce or of the military personnel or the place where the military member is stationed. The court gives consideration if the military spouse is on service. For instance, in ordinary situations, the court orders both spouses a specific time to give a response or requires them to attend court hearings. In the case of military divorce, however, there are laws which give the military member benefit considering their duties as uniform personnel. Court proceedings can be postponed and be extended when the military member is unable to attend because of the nature of their work. There are also protections for these military personnel if they have failed to respond to any lawsuit as long as, again, they are on duty.  Rights as a Former Spouse Under the Uniform Services Former Spouse Protection Act, the former spouses of men in service are given compensation as long as they are qualified and […]

Everything You Need to Know about Military Divorce

initiate divorce
It’s true that the process of getting a divorce can be difficult. But for some people, deciding whether or not to split up can be just as difficult. After all, you really have to decide if you want to put an end to your marriage. A relationship that you might have spent a lot of time and effort working on. But once you’re set on getting that divorce, what do you do next? Do you file it first? Is there any advantage if you do? Or are you put at a disadvantage? Pros of Filing First The biggest advantage you’ll have if you file for a divorce first would be having time to prepare for it. If you do plan on filing first, that means you’ll have to do some research too. You’ll have to know what to do, what you’ll need, and what could possibly happen during the process. You’ll also be given the chance to schedule the dates of your hearings. It may seem overwhelming, so it’s best to be prepared. Another good thing that comes with initiating your divorce is being the first one to testify before the court. This gives you the chance to tell the court about your situation. You can explain why you’ve decided to get a divorce in the first place. Cons of Filing First One possible disadvantage is that it puts a strain on your marriage. If you haven’t had the best marriage and divorce was expected, then this might not be a problem. But for the spouse who wasn’t expecting a divorce, this could be a rather big blow to them. This can cause them to react in unfavorable ways. This can also permanently damage any possibility of any sort of amicable relationship with them afterward. When you file for a […]

Pros and Cons of Initiating a Divorce

divorce money
The family is the basic social institution in every State, that is why many laws are implemented to preserve its sanctity and to protect it at all costs. However, unavoidably, there are factors which call for the dissolution of marriage which, if not completely destroying it, causes a slit in the marital bond. The family, just like many others, is not immune to flaws and imperfections.  The process of getting through familial issues is both psychologically and financially burdensome, especially when there are debts to pay or there are children involved. While this is not a smooth ride for you and your family, we have laid down the things you should take note of and consider financially when you are faced with a family law case, just to help lift a little weight on your shoulders. Getting a Divorce Divorce is the most common kind of a family law case, frequently involving matters concerning property division, spousal supports and if a child or children is in the picture, then child custody, visitation and support. The Cheaper Option If you are considering to get a decree of divorce, there are two options available for you: to settle the case alone with your spouse, or to hire a lawyer. The former is cheaper compared to the latter, since there are no legal fees to bear in mind. However, this process requires both you and your spouse to be in a quality relationship so that you would be able to work on your ideal outcomes during and after the divorce, this includes property division and other familial affairs between you and your spouse.  There is lesser work if you do not have common children, but if you do, visitation, child support, and custody are matters added to your plates.  If You have Extra […]

How Much is Too Much? Financial Considerations in Family Law Cases

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Getting married can be one of the most fulfilling moments of a person’s life. And while married life does have all its glorious moments, it’s not always going to be easy nor is it going to be great. There will be challenges that will come up and test your marriage. These challenges may come in the form of bad days and arguments, but they can also come in the form of financial problems. One perfect example would be student loan debt. But just how much can this kind of debt affect your marriage? Making Ends Meet For some couples, especially those just starting out, working on sustaining themselves becomes a top priority. There are things you’ll have to look after, such as groceries, bills, and maybe even rent among several other expenses. And the expenses don’t stop there. Life, after all, is unpredictable, and there might be things that happen that you weren’t expecting. A trip to the doctor, for example, is one. Working out finances can be hard and having debt from a student loan can only make things harder as that means leeway for you to spend on other things just to make sure you make ends meet. This can put a lot of stress on couples, especially if they aren’t financially well-off yet. And for some people, this stress can even cause marriages to end. What You Can Do While the thought of debt can be very stressful, especially on top of all the other financial and non-financial stresses you’re experiencing, there is still a way to make things work. The first thing you can do would be to communicate. The best way to work things out with your spouse would be to talk to them about it and be honest with them. And then you can […]

The Impact of Student Loan Debt on Marriages

second marriage
People always say we learn from our mistakes. It makes us wiser, stronger, or can also make us scared of certain consequences. Matters like divorce, which involve legal consequences will make us think twice again before considering another marriage.  In the Texas Family Code, the first marriage is the only valid marriage. Any succeeding marriages are void unless the first one will be terminated by divorce. Financial Pros and Cons Pros:  Life is easier when you share with someone your expenses. Investing seems to be not so difficult. Having a partner, especially when you have kids, will lighten your worries. Moreover, you become financially sensitive. You’ve learned from your previous relationship what has gone wrong and you apply it in your current situation. You learn to consider the financial needs of your partner and you also start to plan your finances together with him or her. Cons: One of the top factors affecting divorce is financial incapacity. Rising family expenses are usually the primary cause of misunderstandings of couples. Married life is a long process of adapting to the financial needs of each other.  In Texas law, alimony is being given by one spouse to the supported spouse after divorce as ruled by the court. Do note, however, that the Texas Family Code provides that alimony will not continue if the supported spouse will remarry or even when that spouse cohabits with his or her new partner.  Emotional Aspect Pros:  The experience that you have encountered in the past will give you emotional maturity. You will be able to understand what your partner needs. In addition, having a companion and building a family with someone you love lessens the burden that you feel.  Cons:  Your first divorce may have stressed you out. In some ways, this may have an effect […]

Consequences of Entering a Second Marriage

gaming addiction and divorce
Ever since they came along, video games have provided us a form of entertainment. Some play for fun while some immerse in an entirely different world. Games gave an avenue to just tune out of the world for a bit and enjoy ourselves. That doesn’t seem too bad, right? Life can be stressful after all, and video games are just another outlet for us to let out some stress. But just like all things, too much of it can be bad for you. Addiction recognized by APA The American Psychiatric Association (APA) recognizes that people can indeed become addicted to video games. If playing video games to the point that some aspects of life suffer, it’s an addiction. Addiction to gaming affects health, relationships, and professional life. APA calls this addiction “Internet Gaming Disorder”. Even though it is called Internet Gaming Disorder, this doesn’t mean addiction isn’t limited to games online. All sorts of video games are considered. Even the UnityPoint Health Illinois Institute for Addiction Recovery recognizes that impulsive and compulsive overuse of video games is characteristic of a video game addiction. The fact that these behaviors are recognized by institutions such as these proves that it is a pretty serious issue. Divorce If you allow video games to take control of your life and cause you to neglect other aspects of your life, things won’t get any better for you unless you do something about it. Though video games aren’t the ones that can ruin relationships, it’s the addiction to it that can. Choosing to spend money on video games over the needs of your family, choosing to spend more time playing video games instead of spending time on your marriage can only cause harm to your relationship with your spouse. Neglecting your marriage because of video games […]

Can I Divorce a Spouse Addicted to Video Games?

bigamous marriage
The usual notion of marriage consists of two major attributes. Firstly, that the marriage will last a lifetime. This is why we have the vow that only death will part the married couple. The second attribute of marriage is that it is only meant for one person. The legal definitions of marriage are also based on those two attributes.  As we all know, there are many instances when the spouse could not deliver on this promise. Most of the time, they end up in divorce, but there are instances when they also result in bigamy. Texas Law on Bigamy The legal definition of bigamy is when you marry someone while you are still married to another person. In Texas, the Family Code states that adults can only enter into one marriage. Thus, any other marriages will not be recognized. The spouse from the existing marriage is considered as the legal one until the first marriage is legally dissolved.  This means that the second spouse is not recognized by law. The existence of the first marriage voids the second. There is no way around it until they are divorced or annulled.  It is very important for you, as the second spouse, to understand that you do not have any rights or privileges as a married individual. All of these rights belong to the spouse from the original marriage. You will not have any tax benefits, you cannot be the beneficiary of insurance or 401k plans, nor will you be considered for any life-or-death decisions. Those still belong to the first—and technically, the legal spouse. Another detail that you must take note is that any property that your spouse will accumulate during the time of your marriage will be considered as community property for the first spouse. That means you do not […]

I am in a Bigamous Marriage, What are My Rights as the Second Spouse?

Ways how Social Media Impacts Law
In the age of information and technology, majority of the people in the world know or have access to social media. It is mainly used for entertainment and information-sharing. While this is true, social media such as Facebook, Twitter, LinkedIn, etc. also raises some ethical problems. In gathering evidence, a lot has given their opinions on the recent practice of evidence collection through the use of social media sites. The courts are acknowledging the implications of a lawyer who uses information from a social media profile of an unrepresented witness. In Family Law and Divorce specifically, the following are some examples of the use of social media in evidence collection: Facebook, Dating Services sites can help in collecting evidence of affairs of husband and wife; On-line commentary by spouses and children indicate state of mind, both positive and negative, and fitness to have custody; Availability of evidence regarding assets, resources and job prospects; Photos and other vacation information online that show custody orders violations as well as travel restrictions; Protective orders violations and stalking done through tweets, sending friend requests, etc.; Potential bias and connections by professionals, experts and others who may be called to testify as indicated by a number of different Internet or Facebook friendship and association. While there is no established rule, using deception in order to access the social media page of an unrepresented party for use in litigation should not be done. Lawyers must keep in mind that although social media is a new medium, this does not mean that it is an unregulated one. The professional conduct rules that apply to conventional means of communication also apply to social media. Another major issue is the possibility of destruction of evidence from social media when litigation is inevitable or is currently happening. Changing privacy settings […]

How Social Media Impacts Family Law