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Tarrant County Divorce Law Blog

International Child Custody and International Child Abductions

  • 03
  • September
    2010

One of the simple realities of divorce is that couples will have disagreements. Whether these disagreements involve the division of property, the payment of spousal support or child custody/visitation arrangements, they can be the source of great stress, frustration and even anger.

What happens when this frustration or anger causes one of the parties to take dramatic and perhaps even illegal action?

According to the State Department, there were 1,135 reported cases of international child abduction in 2009, up from 642 reported cases in 2006.

Today's post will briefly explore international child custody battles/international child abduction. Specifically, why these situations occur and why there has been such a significant increase in the number of reported international abductions.

How to Avoid Some of the Pitfalls of the Divorce Process - III

  • 01
  • September
    2010

When it comes to divorce in Texas, there are really no simple solutions. Fortunately, there are steps that you can take to avoid future complications, as well as mitigate the potential financial consequences of a divorce.

Today's post is the final in a series. It will discuss steps that you can take to help reduce the financial impact of a complex divorce.

How to Avoid Some of the Pitfalls of the Divorce Process - II

  • 26
  • August
    2010

When it comes to divorce in Texas, there are really no simple solutions. Fortunately, there are steps that you can take to avoid future complications, as well as mitigate the potential financial consequences of a divorce.

Today's post is the second in a series. It will discuss steps that you can take to help reduce the financial impact of a complex divorce.

How to Avoid Some of the Pitfalls of the Divorce Process - I

  • 24
  • August
    2010

When it comes to divorce in Texas, there are really no simple solutions. Like it or not, you and your former spouse will have to come together to resolve important issues such as child custody, child support, property division and/or spousal maintenance. Fortunately, there are steps that you can take to avoid future complications, as well as mitigate the potential financial consequences of a divorce.

Today's post is the first in a series. It will discuss steps that you can take to help reduce the financial impact of a divorce.

Insurance Company Offers Couples Chance to Buy Divorce Insurance

  • 19
  • August
    2010

It is common knowledge that nearly half of the marriages in the United States end in divorce. Undoubtedly, a significant percentage of these divorces are "contested divorces," meaning they involve lengthy and potentially hostile legal proceedings that wind up costing each of the litigants a significant amount of money.

Interestingly enough, there is now a new product being marketed that can supposedly help mitigate these legal expenses, as well as cover other costs related to the end of a marriage.

A North Carolina based insurance company, SafeGuard Guaranty Corp., is now offering a form of divorce insurance called "WedLock." 

No-Fault Divorce Now a Reality for New York

  • 17
  • August
    2010

Until this past weekend, New York was the only state in the country that did not allow no-fault divorce. However, this all changed Sunday when New York Governor David Paterson officially signed the state's no-fault divorce bill into law.

The no-fault divorce bill enables New Yorkers to secure a divorce if their relationship "has broken down irretrievably for a period of six months" and all other divorce-related issues have been resolved (i.e., child custody, child support, spousal maintenance/alimony, property division). 

Under the state's previous law, a couple must have been legally separated for at least 12 months and agreed on all divorce-related issues before they could obtain an uncontested divorce.

However, those couples seeking to end their marriage as soon as possible had to claim specific grounds such as adultery, imprisonment, cruel and inhumane treatment or abandonment.

This prior system often led to prolonged, costly and overtly hostile courtroom battles as couples fought to establish who was at fault for the end of the marriage. In addition, many couples would often lie in court in order to hasten the divorce process.

Taking Charge: The Need for Effective Post-Divorce Planning

  • 12
  • August
    2010

If you have been involved in contentious legal proceedings regarding the end of your marriage, you will undoubtedly feel an overwhelming sense of relief once the judge signs the final divorce decree. Finally, you will be free from the constant stress and emotional turmoil, and able to focus on the next chapter of your life. 

While your future financial interests and legal interests are probably the furthest things from your mind in the wake of your divorce, it is still very important that you eventually take the necessary steps to protect them.

Today's post will explore two areas where prompt post-divorce action should be taken ...

More Couples Choosing Alternatives to Contested Divorce

  • 10
  • August
    2010

Recent studies have revealed that more couples are now open to alternatives to contested divorce, including divorce mediation, collaboration or even "do-it-yourself divorce" kits sold via the internet.

The reasoning behind this trend is relatively simple. Many divorcing couples witnessed the acrimonious divorces of their own parents during the 1970s and 1980s, and have vowed not to repeat this pattern for their own sake and, more importantly, for the sake of their children. Furthermore, they simply have no desire to expend vast sums on legal fees and exacerbate an already difficult situation.

"[Contested divorce] makes it almost impossible to have a civil relationship going forward. You don't forget what it's like to be cross-examined by your spouse's lawyer. It sets [couples] up for years and years of not being able to communicate well," said family law attorney John Zarzynski who co-founded a divorce mediation firm in Arizona.

A Closer Look at Divorce in Texas - II

  • 06
  • August
    2010

The previous post briefly examined certain aspects of our state's divorce laws, including the residency requirements that must be satisfied in order to secure a divorce and the absence of a requirement to show grounds for a divorce (i.e., the no-fault provisions of Texas law).

Today's post will continue with this theme and is designed to provide the reader with further insight into Texas' divorce laws. 

(Please see "A Closer Look at Divorce in Texas - I" for more information)

A Closer Look at Divorce in Texas - I

  • 04
  • August
    2010

Texas is a no-fault divorce state. This means that a spouse does not have to prove specific grounds (i.e., adultery, abandonment, etc.) in order to end their marriage. In fact, all the spouse need cite in their divorce petition is "insupportability."

Insupportability is defined under Texas law as "discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation."

Please note, it does not matter if you object to the divorce. If your spouse wants a divorce, they will be able to secure one.

Residency Requirements
 
There are two basic residency requirements that must fulfilled in order to obtain a divorce in the state of Texas:

1.) At the time of the divorce filing, either you or your former spouse must have been living in state for the preceding six months
and
2.) At the time of the divorce filing, either you or your former spouse must have been a resident of the county in which the divorce petition is filed for the preceding 90 days

If you are a resident of another state or nation but your spouse resides in Texas, you may file a petition for divorce in the county in which he or she lives. However, your spouse must have lived in Texas for at least six months at the time of the filing.

It is important to note that time spent outside of Texas by a resident serving in the military is considered time spent in Texas and the resident county.

Contact an attorney to learn more about Texas law.

Stay tuned for more information in the next post ...

Related Resources:
  
• Texas Family Code, Title 1, Subtitle C, Chapter 6 (Texas Constitution and Statutes)

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Daniel R. Bacalis, P.C.
Attorney at Law

1550 Norwood Drive, Suite 402
Hurst, TX 76054
Phone: (817) 498-4105
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