Houston Divorce Lawyer Blog

In case anyone missed the April 1st teleseminar on “The Five Keys to Getting a Fair Property Division in Your Divorce Case,” here is a link to a transcript of the property division teleseminar that I had prepared.

At 2:00 p.m. on Wednesday, April 1, 2009, I will be holding a telephone seminar (aka teleseminar).  The call is free (except for any long distance charges your carrier charges) and the topic will be “The 5 Keys to Getting a Fair Property Division in Your Divorce.”

I would recommend it for anyone who is getting divorced in Texas or preparing for the possibility of divorce.  If you are interested in being on the call just visit the teleseminar registration page for details.

A relatively rarely used Family Code provision enacted in 2005 codifies the use of the “Informal Settlement Agreement” and makes it an especially effective aid in settling a divorce case.  As long as the settlement document specifically and prominently provides that it is not subject to revocation and is signed by all parties and attorneys, a party is entitled to a judgment on the terms of the agreement.  Effectively this gives the informal settlement agreement a very similar level of enforceability as a mediated settlement agreement and avoids issues that have arisen in the past regarding whether a party in a divorce case has the right to revoke a Rule 11 settlement agreement prior to entry by the court.

It is very common in my practice to use an informal settlement agreement early in a case.  When sufficient information exists to address all issues it can be very helpful to make an early offer via an informal settlement agreement, ideally in the first month or so in the case.  This will often settle the case outright, or at least begin a settlement dialogue.  In my opinion in most cases this is far more advantageous to the client than waiting until the case is several months old.  In other words, I like to begin with the end in mind and at least attempt to settle the case in the early stages.  While the informal settlement agreement is a great tool in a divorce case, based on a precise reading of the statute its use is limited to divorce cases.   As stated in the statute, “the parties to a dissolution of a marriage may agree” to reach an informal settlement agreement.  Thus, the statute appears to not apply to other family law issues such as paternity cases or modification cases and those cases are still limited to the use of mediation agreements or rule 11 agreements.

It is important to note that some cases are not good candidates for the early use of an informal settlement agreement, such as ones that require immediate temporary orders or where the client has insufficient information on the finances and discovery will be needed.  But in a typical divorce case it can be extremely helpful in reaching a reasonable resolution early, before the parties have expended a great deal in attorneys fees or gotten overly contentious about the case.

Here  is an interesting new issue in Texas family law - what happens when a Texas citizen gets married in another state and then, while living in Texas, wants to get divorced?  Oh, and one other thing,  it is a same-sex marriage.

While same-sex marriage is not recognized in Texas, it is legal in several other states. At some point we will get an answer to the question because a Dallas man filed for divorce from his husband last week.  They were married in Massachusetts in 2006 and have resided in Dallas ever since.

The Texas Attorney General has indicated that he will intervene in the case and seek its dismissal based on the constitutional prohibition against gay marriage.

This leaves the same-sex couple who are splitting up in a strange predicament.  They probably can’t get divorced in Texas since the state does not recognize them as married.  They could get divorced in Massachusetts where their marriage is recognized, but first one of them would have to meet the statutory residency requirement (one year) before filing.

I have said for years when it comes to gay marriage and divorce, why should us heterosexuals have all the fun?

Here is a link to my new listing on justia.com.

Give Me My Kidney!

A Long Island surgeon, Dr. Richard Batista, is seeking the return of his donated kidney from his wife in the property division of his ongoing divorce case.  Alternatively, he is willing to allow her to keep the kidney in exchange for $1.5 million.

Apparently, the valuation was derived based on what a black market kidney would sell for.  However, such sales are illegal in the U.S.

The article goes on to explain that Dr. Batista is extremely hurt and upset by his wife’s extra marital affairs which occurred some time after the kidney transplant.

Generally speaking, a kidney (donated or otherwise) would not be a marital asset subject to division.  But it will be interesting to see how the New York divorce court handles the case.

The Houston Chronicle had an interesting article on how to avoid marital problems caused by financial strain.  This is especially relevent in the current economic environment.  In my experience, the conflict and stress caused by spouses not being on the same page about money is the second most common cause of divorce (the first would be a general lack of communication and understanding between the spouses).

I thought the best overall advice in the article was the suggestion to have open and frequent discussions about the state of the family finances and to talk about family financial goals.

I often hear clients say that they want everything split 50/50.  However certain assets can be difficult divide on an equal basis or even to value accurately.  Well, as reported in the Houston Chronicle, a Cambodian couple found a creative solution to this age-old property division problem when they sawed their house in half!

Here is an interesting article giving some good advice on how to reduce the trauma and expense of a divorce case.  It was written by Cynthia M. Fox, a Missouri family law attorney.  Most of her advice focuses on the client being efficient with the lawyer’s time (since that is how most experienced divorce lawyers charge) and not using the divorce process in an abusive or unnecessarily expensive manner.

This is a good read for anyone who is beginning the divorce process and wants to stay grounded throughout it. Her advice is actually quite similar to the advice I gave in an earlier article I wrote on keeping divorce costs down.

Actor Alec Baldwin is currently promoting a book entitled “A Promise to Ourselves” in which he bashes the family court system in general and his ex-wife Kim Basinger specifically.  See the AP article here.  Baldwin contends that he is a victim of Parental Alienation Syndrome, a controversial psychological theory concerning how one parent can poison a child against the other parent.

I’m not familiar enough with his case to have an opinion on whether he is truly a victim of his ex-wife.  However, I have heard the voicemail he left for his teenage daughter in which he called her a “rude thoughtless little pig.”  That voicemail was leaked to the press which Baldwin deemed inappropriate.  Regardless of whether it should have been publicly released, or the circumstances that led to his anger, Baldwin should be ashamed of himself for speaking to his own child in such a demeaning, belittling manner.  There simply is no excuse.