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...]
Divorce: Can Children Decide What Parent They Want to Live With?
During the divorce process, parents often disagree on custody and visitation issues, referred to under Texas law as conservatorship and possession. At Springer & Lyle, we guide our clients so they have a better understanding of what impact the child’s wishes will have on the final decision of the family law judge. Children 12-Years Old or Older On the motion of either party, or motion by the amicus attorney for the child, or on the court’s own motion, according to Texas Law, the court “shall” interview the child privately in chambers. The court will determine “the child’s wishes … [Read more...]
Is Community Property in Texas Always Split 50/50 In A Divorce?
Texas is a community property state, which means all property acquired by a couple during their marriage is considered to belong equally to them both. This appears that the community property should then be split 50/50 between the spouses, but this is not always the way it turns out. Texas law instructs the court to “order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.” This means property will not always be divided 50/50. Factors Court Considers … [Read more...]
Myths About Divorce
If you are divorcing for the first time in Texas, you may be concerned about things you have heard. There are myths about divorce that our attorneys at Springer & Lyle want to clarify. Common Myths About Divorce Children can choose which parent they want to live with. In Texas, a child under the age of 18 cannot choose which parent to live with. Upon a request by either or both parents, a judge will talk privately with a child aged 12 or over and listen to their preference. The judge may or may not grant a request depending upon all the facts of the … [Read more...]
Holiday Planning Amid Divorce and COVID-19
Divorced parents often find coparenting difficult in the best of times. The COVID-19 pandemic has only complicated it. Parents who share custody may be questioning if, during this unprecedented holiday season, are the current possession orders in force. At Springer & Lyle, we want to help parents deal with co-parenting in ways that make them comfortable but also are in compliance with the law. Parental Concerns Parents are dealing with stay at home orders and many are working from home. Whether schools will be open or closed is almost a daily question. Some travel restrictions are … [Read more...]
Tips to Make A Divorce Less Painful
The American Institute of Stress uses a chart developed many years ago by psychiatrists Thomas Holmes and Richard Rahe. The doctors assigned different points to 49 life events and then added them up to see how much stress a person was experiencing. They determined that getting a divorce is the second most stressful life event a person can experience. Separating from a spouse is the third. At Springer & Lyle, we work with our clients in ways to reduce the stress as much as possible. Two ways of divorcing we assist with that help spouses separate amicably are collaborative divorce and … [Read more...]
