No couple gets married with the expectation of getting divorced. Things change over the weeks, months, and years that they are together. In the U.S., more than 50 percent of first marriages end in divorce. More than 60 percent of second marriages end in divorce, and 73 percent of third marriages end up in divorce court. Texas Allows for a No-Fault Divorce Texas ranks 15th among the 50 states for divorces. Texas provides for a no-fault divorce. This means that when one spouse files for divorce, the reason for the divorce is generally “insupportability.” That means the spouse does not … [Read more...]
The Disadvantages of a High Conflict Divorce
A high conflict divorce can leave you exhausted both financially and emotionally. It begins with one party doing everything legally possible to come out “the winner.” There are many disadvantages to divorcing this way, but there are times when it cannot be avoided. Some Signs That the Divorce Will be High Conflict There is a personality type that almost assures the divorce will be high conflict. Some signs are that one party: Is always blaming the other one.Is controlling and manipulative, both consciously and unconsciously.Has emotional outbursts of yelling and screaming and is … [Read more...]
Divorce: How to Manage the Holidays
The holidays are coming. Before you know it, you will be making decisions for your family about how to manage the holiday schedule. If this is your first holiday season after your divorce, you may find it difficult to juggle activities, to determine which parent the children will be with at which times, and to carve out a holiday routine that is as close to normal as possible. At Springer & Lyle, we want to help parents co-parent their children during the holiday season in ways that alleviate stress. You can combine your standard traditions with new ways of celebrating so the season is … [Read more...]
Common Divorce Fears
Psychiatrists and psychologists consider divorce the second most stressful life event, coming in slightly behind the stress of losing a spouse to death. Part of the stress is attributed to fears spouses have of the unknown. Life is changing. For some, the change is so dramatic they are overwhelmed with sadness. Our family law attorneys at Springer & Lyle find they can be more helpful to their divorcing clients if they can alleviate some of the client’s fears and refer them to professionals when it seems appropriate. Fear of the Unknown The initial fear seems to be … [Read more...]
Can I Date While Going Through a Divorce?
Although it may seem unfair, you should not date while going through a divorce in Texas. There are legal and personal reasons why you should wait until the divorce is final before dating. Do Not Turn Your No-Fault Divorce Into one with Fault Allegations Texas law allows a no-fault divorce. This means couples may get divorced without alleging that one of them was at fault for the divorce. The law also allows one party to allege the other one’s actions caused the break-up of the marriage. The most common fault allegation is that one party committed adultery. If your spouse … [Read more...]
Can I Kick My Spouse Out of the House?
The easy answer to the question about whether you can kick your spouse out of the house is, “No.” You cannot arbitrarily kick your spouse out of the house. You need a court order to evict a spouse who, in Texas, a community property state, generally has as much legal right to stay in the home as you do. You Must Legally Evict Your Spouse Some spouses have changed the locks on the home, thinking they have the right to do so and to keep the other spouse out. If the locked-out spouse calls the police, the police will tell you that you are the one in the wrong, and you must allow your … [Read more...]
What Is a Gray Divorce?
A gray divorce is one that involves couples over the age of 50. Although some gray divorces are short-term, the majority involve couples who have been married for many years. There are issues unique to this type of divorce that are not faced by younger couples. For example: There are no minor children, so custody and support are not issues.Often, one spouse has been out of the workforce for many years, so spousal support is more of an issue.They have a retirement plan that must be divided.The spouses have accumulated more assets than younger couples, so property division is the … [Read more...]
Divorce: Who Gets the House in Texas?
Divorce is generally an emotionally painful experience even when both spouses agree a divorce is in their best interest. They both may have a list of questions. At the top of that list is often: “Who gets the house?” It is not an easy answer, but at Springer & Lyle, we do our best to help you understand your options. All options require an appraisal of the property to determine its monetary value. Selling the House Texas is a community property state which means that any asset spouses accumulate during their marriage belongs equally to each spouse. Bank accounts are … [Read more...]
Divorce: If Property Is In My Name, Is It Considered Separate Property?
Texas is a community property state for purposes of division of property. This means that, with few exceptions, all property acquired by you during your marriage belongs equally to both you and your spouse. This includes, for example, the income you each earned from the date of your marriage to the date of your separation, pension plans, retirement accounts, real estate, cars, and more. Separate property is awarded to the owner of the property and is not divided. A dispute often arises when one party claims a certain piece … [Read more...]
Can I Get A Quick Divorce?
Divorcing couples often want to know if they can get a quick divorce. The answer to the question depends on what they mean by “quick.” According to Texas law, the earliest date the final divorce decree can be issued is 60 days after the spouse who did not file the divorce petition receives notice that the divorce petition was filed. Factors Affecting the Timing of the Final Divorce Order In a short-term marriage with no children and few or no marital assets to divide, and no issues for the court to decide, the divorce can reasonably be final at the end of the 60-day period. It is … [Read more...]
