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Austin TX Family Law Blog

Wednesday, September 28, 2016

Divorce Happens

Q:  Is divorce bad for your health?

Despite all your hopes and dreams for an eternal union at that magical moment when you exchanged your vows, many couples come to realize that life is not a fairy tale, and happily-ever-after is more the exception than the norm these days. Divorce attorneys can attest that after the rice and confetti is swept up and the honeymoon is over some couples start to feel like, well, the honeymoon is over.

Stress is ever present, working its destruction on even the happiest unions.

Read more . . .

Monday, September 26, 2016

Miranda Lambert Moves on From Divorce, Opens Store in Texas

How can I move on after my divorce?

Miranda Lambert is taking steps to move on after her divorce from Blake Shelton.  Recently, she opened a new Pink Pistol store in Texas, moving on from her original store in Oklahoma, which she opened while still married to Shelton.  Lambert opened her Oklahoma boutique in 2011, shortly after her marriage to Shelton.  Now, one year after her divorce from Shelton, she is back in her hometown and starting a new chapter.  Lambert is also working to launch a new album that includes post-divorce songs.

Read more . . .

Tuesday, August 30, 2016

Texas Family Law Judges Can Reign in Conflicting Foreign Laws

Q: Can Texas judges refuse to apply foreign law to family court matters?

Don’t mess with…us. Especially when it comes to family law matters.

State Representative Dan Flynn (R-Van) is on a mission. As Chairman of the House Committee on Pensions and Investments, he is authorized to seek opinions from the State Attorney General. He recently reached out to Texas AG, Ken Paxton, seeking an answer to the underlying question: To what extent can a Texas judge refuse to apply the law of a jurisdiction outside the United States in certain family law matters?

In that letter, he asked 12 questions that covered 19 different factual family law scenarios.
Read more . . .

Tuesday, August 9, 2016

Bethenny Frankel Will No Longer Have to Pay Ex $12,000 Per Month in Spousal Support

When is spousal support awarded in Texas?

TV personality Bethenny Frankel recently won a significant victory in court when a judge ruled her spousal support obligation to estranged husband Jason Hoppy has ended.  Frankel had been paying her soon to be ex-husband $12,000 a month in temporary maintenance pending finalization of the divorce.  Frankel publically stated she was “pleased” to have the obligation end.

Frankel and Hoppy are embattled in a dispute over the correct interpretation of their prenuptial agreement and a trust agreement involving the couple’s apartment, estimated to be valued at $7 million.  In the prenup, Frankel and her legal team urged that Hoppy waived any right to spousal support or alimony.

Read more . . .

Thursday, July 28, 2016

Until Death-or Twitter- Do You Part

Can social media posts be used in a divorce case?

Once upon a time, you promised to love and honor each other in sickness and in health until death do you part.

But life’s no fairy tale and, for whatever reason, things have changed. Maybe you’re parting on good terms or maybe it’s ugly. But if there are children involved, you’ll still be bound forever through that shared tie-- so it’s best to make every effort to co-parent nicely for the sake of the children.

While your divorce lawyer is handling the legal proceedings, you might be tempted to move on with your new life.

Read more . . .

Wednesday, June 29, 2016

Spousal Maintenance In Texas—Are You Entitled To It?

Are you experiencing financial difficulty during or following your divorce action?  Under the Texas Family Code, spousal maintenance is awarded when one spouse cannot provide for their own needs post-divorce or during the pending matrimonial case.  The requesting spouse must make a showing to the court that he or she has attempted to acquire financial stability during the divorce action

In addition to a spouse’s ability to be fiscally self-sufficient, courts consider several factors in determining whether a spouse is entitled to spousal maintenance.  This may include the partners’ economic resources, pre-existing child support obligations, education or other proficiencies and skills, and health status, such as a disability that stops a spouse from gaining or maintaining employment.

Read more . . .

Monday, June 27, 2016

Texas Court Says Divorced Spouse Can Keep Receiving Alimony Despite Long-Term Cohabitation

When does "living together" constitute common law marriage resulting in an end to alimony payments?

When a divorced spouse who receives alimony remarries, the alimony payments are expected to come to an end. Indeed, for the ex- paying the alimony, the remarriage of a former spouse may be a fond hope.

But what if the spouse does not formally remarry and simply cohabits with another person? Is this an "informal marriage" or "common law marriage" that ends the obligation to make alimony payments? In a recent case in Dallas, Texas, the answer was "no."

A Sharply Divided Court Allows Alimony to Continue

The case involved a couple who had been divorced since 1997.

Read more . . .

Tuesday, June 7, 2016

Pop Star Iggy Azalea’s Common Law Marriage

What is required to form a common law marriage in TX?

Most of us go the traditional route when getting married. Usually, we find someone to officiate and have some type of ceremony, whether it is religious or otherwise. But, did you know that you could be considered married in the State of Texas without having a ceremony of any kind.  This is called common law marriage and is at the center of a lawsuit involving Australian born pop star Iggy Azalea.

Maurice Williams, a Texas rap producer, who recently changed his name to Enzo Wienberg, is claiming that he and Azalea entered into a common law marriage shortly after Azalea came to the United States.

Read more . . .

Monday, April 25, 2016

Complex $100 million International Divorce Plays Out in Houston Court

Some divorces are relatively straightforward. Others are not -- as evidenced by an ongoing bitter divorce battle in Houston. Pakistani natives -- who are residents of Harris County, Texas -- are seeking a divorce of their five-year marriage. The problem is that the couple cannot agree on whether Texas or Pakistani laws should govern the dissolution -- and the implications for the wife are dire to say the least.

Under Pakistani divorce laws, which are derived heavily from the traditional laws governing Islam and the dissolution of Islamic marriages, a husband is considered legally unwed from his wife by repeating “I divorce you” three times in succession.
Read more . . .

Friday, April 15, 2016

Do I Need a Prenuptial Agreement?

How do I know if I will benefit from a prenuptial agreement?

A prenuptial agreement is a contract signed before two parties enter into a marriage that describes how assets will be divided by the couple in the event of a divorce. As the average age of people entering into marriages goes up, we see that many of these people have accumulated assets early in life and that they want assurance as to how these assets will be divided in the event that their marriage falls apart.

Read more . . .

Wednesday, March 30, 2016

Divorcing? Get Ready to Review Your Finances

How does a divorce affect a person’s finances?

When you have a significant life event such as a marriage, the birth of a child, or a death, you must usually evaluate how this impact’s our finances. It might not seem like it, but divorce has just as large of an effect on your finances as any other life event.

Read more . . .

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