The Best Divorce Blog Posts of 2012

Now that 2012 is coming to a close I thought it was time to share my favorite divorce-related blog posts of the year.  Each of these posts is an excellent post on the topic it dealt with and is worth your time in reading. Without further ado, here are the best divorce posts of 2012.

Moving Towards Co-Parenting - A very insightful post by Lee Brochstein about her personal divorce experiences.  This particular post is on improving her relationship with her ex and how much that helped their co-parenting relationship.

Surviving the Emotional Side of Divorce - Great post (it is actually Continue reading

Three Common Mistakes Made by Men in Divorce

Divorce is difficult for all parties involved, including husband, wife and sadly the children. Everyone’s situation is unique but there are some common pitfalls and mistakes that are more commonly encountered by men.  In this post I will explore some of the most common challenging situations and mistakes made by men in divorce cases.

Mistake #1 – Agreeing to Very Bad Financial Divorce Terms

When it is the husband who wants the Continue reading

Common Valuation Issues in Property Division

When dividing property in a Texas divorce you generally use a spreadsheet and fill in values for the major assets and debts.  Then you work on splitting up those assets and debts between the parties to arrive at the percentage split you are seeking.  Sometimes this is 50/50, sometimes it is disproportionate in favor of one spouse or the other. So mechanically it is a fairly straight forward process.  The issues that arise most often are when the spouses disagree over the value of an asset. Continue reading

Disturbing News – California

CBS has reported a very bizarre triple homicide that, assuming it turns out to be accurate, is astounding.   The story goes like this…a husband and wife were going through a contentious divorce, with the most significant part of the case being that the husband felt like he should be entitled to a share of a piece of real estate that wife had inherited.  California law apparently is similar to Texas law in that the real estate was wife’s separate property and husband had no legal claim to it, due to the fact that it had been inherited by wife.

Apparently Continue reading

Can a Child Age Twelve Decide Which Parent to Live With?

I have been asked this question more times than I can count during my career.  More often, it is stated to me as fact, as in “well my child is over twelve, so she gets to decide who she wants to live with.” This belief is based on a misinterpretation of a very real Texas Family Code statute concerning the wishes of a child twelve or older.

Section 153.009

Here is what Texas Family Code Section 153.009 says Continue reading

Alimony – Should Fault Be Considered?

There was a bit of a stir in the media this week when a Utah lawmaker proposed a bill that would give family court judges the authority to consider fault when deciding the issue of alimony in a divorce case. The news reports I have seen are unclear on whether this bill would modify the law to make it permissible for a judge to award alimony solely upon a finding of adultery by the payor spouse, or if it would simply allow the judge who has determined that a spouse is eligible to receive alimony to factor in the bad conduct in determining the amount and duration of the alimony award. Continue reading

Can a Client Change Lawyers during a Divorce Case?

I was recently asked by someone going through a divorce whether she had the right to switch lawyers during the case. The answer to her explicit question is yes, absolutely. A party to a lawsuit has the right to hire any licensed attorney they choose to represent them, including the right to change lawyers while a case is pending.

Does It Make Sense to Change Divorce Attorneys

The more important question that I was not asked is Continue reading

Mediation of your Houston Divorce Case

Many people going through a divorce are not familiar with what mediation entails. This article will describe the process and explain its uses and benefits in a divorce case.

What Mediation Is and What It Is Not

Mediation is essentially a settlement conference attended by both parties and both lawyers and facilitated by a third-party mediator who attempts to get the clients to reach an agreement on all issues in their case. Continue reading

What are Temporary Orders and Do They Happen in Every Case?

Temporary Orders are orders issued by a court during a divorce case (and sometimes in modifications) that address how things will proceed while the divorce is pending.  There are many different issues that temporary orders can deal with, including but not limited to these common ones:

Use of Property – For example, who gets to stay in the residence while the divorce case is pending. Continue reading

Common Law Marriage Explained

One of the most common misunderstandings about Texas family law involves informal or “common law” marriages. Many people believe that after you live together for a certain period of time you automatically become married, even if neither party wants to be. This is not true in Texas, nor in any other state that I am aware of.

How Can You Get Married Without a Wedding?

It is possible to become married without the usual requirements of obtaining a marriage license, waiting at least 72 hours and then having a wedding ceremony. Continue reading