While attempting to hide assets in a divorce case is not commonplace, it happens more often than you might imagine. As an attorney I would never advise a client to attempt to hide assets nor would I help them in their efforts to do so. Aside from the legal and ethical issues, it is simple wrong and not something I am willing to do.
Hidden Assets Tend to be Found
I have had cases on both sides of the issue. I have discovered assets that my client’s spouse was attempting to hide and I have discovered assets that my own client was attempting to hide. When I explain to my client how easy it was for me to uncover the asset and how the other attorney is likely to find it just as easily, the client usually becomes much more reasonable about disclosing all assets. Continue reading →
When a couple has divorced and one or both of the parties has moved out of the area, it can make it can become extremely difficult and sometimes impossible for the non-custodial parent to have frequent access and communication with the children. With the increasing mobility of our society and the much more typical career changes that seem to be a staple of our current economic times, this situation has become a very common occurrence.
Standard Possession Order Visitation Schedule – Long Distance Access
This situation is so common in fact that the Texas Standard Possession visitation schedule (the one that is included in some form in most court orders involving child possession and access) has provisions that address both when the parents live within 100 miles of each other and also when they live further than 100 miles apart. The over and under 100 mile schedules are fairly similar to each other in most respects, with a few key differences. Continue reading →
A common issue in most divorce cases, along with a long list of other issues that must be dealt with in a Texas divorce, is what to do with the marital residence. If the parties rent their residence this is not a big issue, but in most divorce cases there will be owned real estate that must be dealt with.
Two Most Common Ways to Handle
While every case is different and there are many unique and unusual sets of circumstances, for most cases there are only two realistic divorce outcomes when it comes to the house. Continue reading →
In this article I will explain the key points in Texas posts-divorce alimony. Please note that alimony is a particularly complicated area and you should consult with a qualified family law attorney about the specifics of your case if you believe you may be entitled to receive or possibly obligated to pay alimony. Also, this post addresses only post-divorce alimony, not temporary alimony.
Contractual Alimony or Spousal Maintenance under Texas Family Code Chapter 8
Texas divorce decrees frequently include provisions for periodic post-divorce payments from one spouse to the other, aside from the more common child-support payments. In general, these payments are based upon the needs of one spouse and the ability to pay of the other. Alimony agreements or orders generally come in one of two forms, either agreed contractual alimony or court ordered spousal maintenance under Texas Family Code Chapter 8. Continue reading →
A Financial Information Statement is a court-required document for nearly all temporary orders hearings and final trials in Texas divorce cases. Here is a sample Financial Information Statement so you have an idea of what they look like. The names and details used are all fictional, although the facts used are relatively typical of the issues dealt with in a Texas divorce. The sample document is based on a husband who expects to move out of the residence and pay child support. In a real case both sides prepare and submit a Financial Information Statement to the court prior to a temporary orders hearing. Continue reading →
I came across a thought-provoking article by Pamela Cytrynbaum on psychologytoday.com, entitled Top 10 Tips for a Great Divorce. It gives her suggestions on how to turn an amicable separation into an amicable divorce. I mostly agree with what she suggests, although I have different thoughts on a few of the issues. I encourage you to check out the article. Here are my thoughts on some of her tips that I took issue with: Continue reading →
The Standard Possession Order (SPO) is a default visitation schedule defined by the Texas Family Code that is used in the vast majority of Texas divorce cases involving children. It is extremely detailed and lengthy and is one of the main reasons that divorce decrees in cases with children are usually 30 to 40 pages long. The Standard Possession Order statute is Texas Family Code Section 153.3101 through 153.317.
Every order has its own particular provisions, so please refer to the specifics of your own order for guidance if you have one. Also note that all of the terms are subject to alteration, either by negotiation or court order. This article is designed to give a brief overview of the statute and how its key provisions work Continue reading →
Not every case is a simple one and it is very common for lawyers to have to conduct and/or respond to written discovery requests. Usually clients are confused by the process and what it involves so in this post I am going to lay out a basic explanation of the kinds of written discovery requests that typically get made in a Texas divorce case, the purpose of each, and how difficult and time-consuming each is to respond to. While there are forms of discovery other than written discovery (the most common being the deposition), this post will discuss only written discovery. Continue reading →
Adultery is a Statutory Grounds for Divorce in Texas
The Texas Family Code has long held that adultery is a grounds for divorce. See Section 6.003 of the Texas Family Code. Its use as a grounds for divorce has become far less significant since Texas became a no-fault divorce state many years ago. Nonetheless, it is frequently pled as a grounds for divorce and a judge can find that the grounds for divorce was adultery, not the much more commonly used Continue reading →
I sometimes get asked by a divorced mom whether she is required to let her ex-husband have his visitation with the children if he is not currently paying his child support. The reasoning behind the question is that if he is not following the court order, then why should I?
Two Separate Issues Under the Texas Family Code
The answer is that yes, you must follow the court order and allow the father to exercise his visitation regardless of Continue reading →