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Austin TX Family Law Blog

Monday, October 12, 2015

Divorce: Facts, Myths and Explanation

Please tell me more about divorce law in Texas: what do I need to know?

A good place to start learning about divorce law is during the period before the divorce is filed. Some people believe that gathering evidence that casts your spouse in a negative light, such as listening in on your spouse’s phone calls, intercepting your spouse’s emails, or tracking your spouse’s movements via use of a GPS tracker, is beneficial But be forewarned -- such actions can expose you, and whomever assists you, to civil and criminal penalties. This is because such actions violate privacy laws. It helps to understand where the line is drawn in the law on this topic.

Another major consideration at this time is one of finances. Can you afford to file for divorce? Know now that, even if your spouse is the one who controls the finances, you can still file for divorce without apprehension. This is because the court is authorized to grant temporary orders of support while the divorce is pending, effectively prohibiting the other spouse from financially cutting you off. These orders can also prevent a spouse from damaging the marital finances by doing such things as stopping any sale of marital assets or by forcing the payment of marital bills.

Lastly, before filing for divorce you have to consider whether you are in a situation where domestic violence exists. Such a situation may make the contemplation of filing for divorce frightening. The law, however, has specific provisions allowing the court to grant various kinds of protective orders to restrict the offending party. Such protective orders come with serious penalties, civil and/or criminal, to ensure compliance.

During the period when the divorce is pending, Texas has a few laws that may make the process smoother. You may be interested in learning about collaborative law, as well as equitable distribution of assets. Also, you should be aware that Texas judges will consider the wishes of the child in determining child custody. Be sure to remember that experienced and trained legal counsel from knowledgeable attorneys, like those at Stinson Moyle, will be able to assist you as you navigate these points of law and the process as a whole. Call us today at 512-320-9070.


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