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May 2014 Archives

When to negotiate and when to go to trial in a Texas divorce

Many people who are going through a divorce harbor fantasies of standing up in a courtroom, telling the world why their spouse is a bad person. It's only natural to feel that way sometimes. However, letting a divorce go to trial is unlikely to result in emotional satisfaction. It's also very likely to be extremely expensive.

Same-sex couples, divorce and "voiding" a marriage

As Texas courts continue to struggle with the question of recognizing same-sex marriage, same-sex couples who would like to dissolve their marriages are left in a kind of limbo. As long as Texas doesn't legally recognize a marriage between two people of the same sex, the state's courts cannot grant them a divorce.

NBA team owners' troubles raise issues of divorce law

Many Texas sports fans were outraged when an NBA team owner was recorded making offensive racist comments. As the fallout continues from that incident, the legal complications have included a glimpse into some little-understood aspects of divorce law.

Community property doesn't always mean a 50-50 split in divorce

Texas is one of a minority of states in the nation that has a community property law for divorce. Many people assume that this means that when a married couple divorces, they divide everything equally. That's not the case.

TV host's child custody dispute begins before baby is born

Of all the issues that come up in Texas divorces, child custody disputes may be the most emotionally charged. All too often, parents unknowingly treat their children like bargaining chips in a play to get the most out of a divorce, regardless of what's best for the child.

Motown singer-songwriter's ex-wife wants share of hits

Before they can formally dissolve their marriage, all Texas couples seeking a divorce must go through the process of property division. They must list all their assets, divide personal property from property obtained during the marriage and then divide the community, or marital property according to state law. It's rarely an easy process, but high asset divorce tends to be more difficult than divorce for couples with middle incomes simply because high net worth couples tend to have more complex assets that are harder to value and harder to divide.

First openly gay Episcopalian bishop to divorce his husband

Texans who are fighting for same-sex marriage are also fighting for same-sex divorce. This idea may at first seem self-contradictory, but it's true. Many of the most important rights that come with legal recognition of a marriage don't become fully apparent unless or until the couple decides to split up.

Women's divorce on hold as Texas tries to figure out what to do

It's no secret that the Texas law is in a state of limbo when it comes to same-sex marriage. Earlier this year, a federal court struck down the state's 2005 law prohibiting recognition of same-sex marriage, but stayed that order pending further deliberation by the federal Court of Appeals. Meanwhile, Texas same-sex couples who want to get married will have to go to another state to do so. Texas residents who are in a legal same-sex marriage but want to get divorced may be stuck waiting for the courts and the state government to figure out what to do next.

Military divorce comes with its own set of rules and procedures

Texans who serve in the nation's military must often be away from home for months at a time, or reassigned to new locations in other states or other countries. It's a stressful situation, even for those who are not being shot at. That stress can take a toll on individuals, and on their spouses.