Can My Spouse & I Legally Separate In Texas?
While divorce is the dissolution of a marriage, legal separation is a court-recognized, de facto separation while a couple remains legally married, which gives the spouses an opportunity to assess whether to formally get divorced. When it comes to the latter, couples will reach an agreement on alimony, property division, child custody, visitation, and child support or a judge makes such decisions on behalf of the couple.
Divorce & The Grief Cycle
When you say “I do,” you likely never anticipate a future “I don’t.” However, that’s where just about half of marriages lead. When all the hopes and dreams you pinned on your marriage come crumbling down, you likely want the divorce to be swift and painless; and yet, almost all divorces require a period of mourning. This period is known as the grief cycle, in which you’ll experience denial, bargaining, sadness, anger, and finally, acceptance.
Texas Divorce Process Timeline
The divorce process can seem overwhelming at first. There are so many steps to follow, and the amount of paperwork seems endless! Fortunately, hiring a lawyer can help as well as familiarizing yourself with the steps you need to take to get the process rolling. Today, we share a divorce timeline to help you get ready and know what to expect.
Divorce & Taxes: What You Need To Know
If you are one of the individuals who went through a divorce last year, you are probably wondering how you will file taxes this year. Chances are, you may even be filing your own tax return this year, which is something you have never done before. Today, we answer some commonly asked questions regarding taxes and divorce.
How To Start Dating Again After A Divorce
Dating after a divorce can feel like a journey into unchartered territory. You may have been out of the dating game for decades only to find yourself single, ready to mingle, and confused as to how it all works. And are you fully ready to move on and start dating in the first place? Today, we go over when and how to start dating again post-divorce.
Introducing Your Kids To Their New Home Post-Divorce
A sudden change in any child's life can feel devastating to them. Kids get attached to places and objects, especially their bedroom and home. When parents decide to get divorced, either one parent or the entire family unit must move to accommodate to their new situation. While this is just a part of the divorce process, kids can take this move hard. Today, we discuss ways to help your children feel comfortable in their second home post-divorce.
What Not To Post On Social Media During A Divorce
While it may seem like a posting about your divorce on social media will provide you with a cathartic release, it is best to avoid doing so. In fact, most family law attorneys recommend staying off social media entirely.Remember that anything and everything you say online can be used against you in divorce court. That said if you do decide to remain on social media during this time, here are some things you should avoid doing.
What Happens If My Spouse Refuses To Sign The Divorce Papers?
Divorces can be unpredictable with even the most amicable of divorces turning contentious at times. And if one spouse refuses to sign the divorce papers, or tries some other method to postpone your divorce, the process can turn downright frustrating. So, what do you do then if your spouse refuses to sign the divorce papers? What are your options? Today, we go over what steps you can take in the event your spouse refuses to sign the divorce decree.
How To Get A Temporary Restraining Order
A Temporary Restraining Order (TRO) protects you in the event you feel unsafe due to some form of abuse. A TRO is an emergency court order that orders an individual to not take certain actions until a hearing can take place. It lasts around 14 days or until the temporary order hearing, whichever comes first.
What Happens To The Family Business In A Divorce?
If you and your spouse created a business together and are looking to dissolve your marriage, you may be wondering what will happen to the business. Texas courts view family businesses as assets, which are subject to division during a divorce. As Texas is a community property state, any business that was acquired or created during the marriage will need to be divided in the event of a divorce. Today, we discuss how a family business could be divided during the divorce process and what you need to know about how business assets are handled in a Texas divorce.
FAQs Regarding Same-Sex Couples & Divorce
In 2015, the United States Supreme Court made same-sex marriages legal in all 50 states. Prior to this ruling, same-sex marriage was not recognized in the state of Texas – and neither was same-sex divorce. While the same marital laws that apply to married heterosexual couples are now available to married same-sex couples, that does not mean getting a same-sex divorce in Texas is a walk in the park.
Property Division: How Does The Court Determine What Is Fair?
When it comes to the division of marital property, or property acquired during marriage, Texas divides property in a manner that is considered just and right during a divorce. In other words, the courts in the state try to be as fair as possible when making property division determinations. As this is not always easy, the court must use their discretion to divide a marital estate, relying on several factors to help with their decision-making process.
What Are The Fault-Based Grounds For Divorce In Texas?
You can file for a fault-based or no-fault divorce in Texas. If you ask the court for a no-fault divorce, you do not have to include a reason as to why you are requesting a divorce. However, you can also point a finger at your spouse’s misconduct and use that as your reason for filing for divorce as well. The decision is entirely up to you, but you may want to familiarize yourself with the fault-based grounds for filing for divorce in Texas below first.
Differences Between Collaborative Divorce & Mediation
Collaborative divorce and mediation offer a similar approach to the divorce process. Both are voluntary, often amicable, methods of divorce alternatives that resolve matters outside of the courtroom. The goal of each method is to come to a resolution that is deemed fair for both sides involved. Today, we discuss the differences between collaborative divorce and mediation to pinpoint the advantages and disadvantages of each.
Can My Spouse Quit Their Job To Avoid Paying Spousal Maintenance?
Your spouse may try out a dirty divorce tactic such as quitting their job to avoid paying spousal maintenance. This is a threat that your spouse may attempt at some point when your spouse realizes they may be forced by the court to pay spousal maintenance for years (or indefinitely, in some cases).
Dirty Divorce Tactics To Watch Out For
Not all spouses will play fair in a divorce. If you are concerned that your spouse may be guilty of one of the following so-called “dirty divorce tactics” it would behoove you to consult with an experienced divorce attorney immediately. Attempting to retaliate against your spouse will not do any good. Your lawyer will be familiar with such tactics and can help devise a strategy with you to protect you in the event your spouse continues with this behavior.
Should You Keep The House For Your Kids After A Divorce?
Determining if you should keep your marital home during a divorce is a hard decision. On one hand, you do not want to move your children into a new environment while they are going through a transition period. On the other hand, you might not be able to afford your marital home on your own without your spouse’s help. Today, we go over the reasons why you may or may not keep your marital home for your children during a divorce.
What Are The 6 Emotional Stages Of Divorce?
It is heartbreaking to go through the process of losing a marriage. In many ways, an individual going through a divorce exhibits some of the same feelings as someone who is grieving the loss of a loved one. These stages bring out emotions such as anger, frustration, sadness, and depression, which can hit at any moment. Everyone responds differently to divorce, but one thing is for certain: it is easier to have a general understanding of which emotions you may face as you move forward with the process.
Hannah Hembree Bell Featured In Attorneys At Law Magazine
Our very own Attorney Hannah Hembree was recently featured in Attorneys at Law Magazine, discussing her life, career, and the philosophy of our team here at Hembree Bell Law Firm.
What Is Commingled Property & How Will It Impact Your Divorce?
When going through a divorce, part of the process requires you to determine what is considered separate property and what is marital property. So, what happens when your separate property gets mixed up in your marital property? Now, that property is what is called commingled property. An example of this would be if you owned a home before getting married, got married, and then you and your spouse decided to pay the mortgage on your house together as a unit. Your house has now become commingled property.