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Fort Worth TX Family Law Blog

Manage a divorce on solid business and financial considerations

One fundamental principle that we try to address in this blog is the need to keep one's emotions from making the decisions in marriage dissolution matters. You are usually going to fare better if you can separate the divorce from the emotions, and make your decisions based on solid financial considerations. According to one financial advisor at a prominent firm, there are a few family law considerations that are particularly important to keep in mind.

It's recommended that you pay attention to credit during and after divorce. Change the name to yours alone on any cards that you are keeping, and inform the company of this change. Advise creditors not to honor any further charges by the ex or soon-to-be ex-spouse. The safest practice is to close out all joint accounts and open new ones in your own name. All adverse credit actions against the spouse will go against you until you get him or her off of your accounts.  Each situation is different so you should consult with you attorney if you have any questions.

Clint Eastwood's marriage of 17 years seems bound for divorce

Celebrities have a tough time keeping their marriages together. Common sense dictates that if a spouse is traveling the world for filming, promotions and movie-making meetings, there isn't going to be very much time for an enduring relationship. Divorce in Texas and elsewhere doesn't come easy for anyone, and the same is true of celebrities.

One renowned actor-director, the venerable Clint Eastwood, is the latest celebrity whose marriage seems to be floundering in deep seas. The meltdown was revealed by the recent emotional decision of Eastwood's wife of 17 years, Dina, to sign in to a residential rehab facility. It's reported that she is suffering depression and anxiety due to the spiraling collapse of her marriage and the prospect of impending divorce.

While most divorces do not involve a celebrity, they do emotionally affect one or both parties.  there are resources available to help you through these times and they should be used.

Ex-spouse fights property settlement giving her $131 million

The sum of $131 million tax-free and some luxury homes sounds pretty acceptable as a property agreement. But not for Jamie McCourt, the former spouse of Frank McCourt who was the owner of a major league baseball team. She wants more because the team was sold for $2 billion after she had agreed to the paltry $131 million. In Texas and in other states, a property settlement agreement is an enforceable contract unless it was obtained by fraud or duress.

Jamie filed to have the agreement reopened and to revise the property division upwards in her favor. Frank McCourt's lawyers have recently condemned her efforts, saying that she had every opportunity to challenge the agreement but she did not. They say that she had the same financial valuations prior to agreeing.

Your divorce may not involve millions, but the assets are important to you.  It is critical to have full knowledge before agreeing to any offers.

Woman violates child custody order -- now faces felony charges

Interstate custody disputes continue to be among the most challenging of domestic relations cases, and they also probably present the greatest potential for wrongdoing between parents. Recently, a 43-year-old woman took her 12-year-old daughter from the Texas home of the girl's father in defiance of a child custody order. She fled 900 miles with her to another state, where she was arrested two days later.

The father, the girl and the girl's stepmother moved to a home in Cedar Hill near Dallas just a few weeks ago. The mother, who had been in a child custody dispute with the father, tracked them down at the new residence. Neighbors spotted her driving slowly near the home and noted the license number for police. She got the girl on a cellphone and had her come out to the car. There were heated words and the mother drove away with the girl in the car.

Interferring with a child custody order is a state jail felony with a sentence of 180 days to two years and a $10,000 fine. The jail term can be enhance significantly depending on the actual circumstances.

Try to follow some universal ideas for a less emotional divorce

An individual going through a divorce often experiences enormous emotional upheaval due to the transforming life-changes that are involved. This can impact negatively on the ability to work, take care of children and other duties. A divorce in Texas is as traumatic as anywhere else, yet there are some fairly universal principles that may help one to survive with a minimal disruption of normal life patterns.

First of all, many people try to remain friends with the spouse while going through the divorce process. It inevitably happens that this tactic backfires into more emotional distress. Perhaps the better policy is to get your distance and keep it until the dust settles and you can act with more self-restraint.

Courts can prohibit parents from Facebook contacts during divorce

Technology brings changes in all fabrics of life, including the way people communicate and conduct their business and social activities. The communications revolution even impacts on how divorces and custody cases transpire, including that sparring spouses can use the social networks to repeat their charges to each other, and to their children. The courts in Texas and other states have always been inclined to restrict contact between warring spouses in a bitter custody or divorce proceeding, and now that rule may be applied to their contacts on the social networks.

A three-judge appellate panel in another state recently rejected the free speech arguments of a husband who was appealing a family law judge's gag order stopping the parents from talking to each other on Facebook and other media. The panel also said the father could be prohibited from talking with his children on the social networks. The two are in a bitter divorce and child custody battle.

Texas family law courts have wide discretion in limiting the abilities of parents to do things that are not in the best interests of the child.  Some even limit the parents to communicating through an Internet portal such as Family Wizard.  I have been successful in obtaining restrictions as to what goes on social media.  Given the fact that anything put on social media can damage a case, it is usually wise to avoid that.

Largest ever property division may occur in Hamm divorce

Some divorces contain divisions of staggering amounts of marital assets. But when a divorce in Texas or in another state may threaten loss of corporate control by one of the country's richest men, and where the value of the property division may total in the billions, that could potentially be the largest distribution of marital assets in the country's history. The divorce is between Harold Hamm, the chief executive and largest stockholder of Continental Resources, and his second wife Sue Ann Hamm, a former executive of Continental, who filed the complaint.

Harold Hamm struck it big in the 1990s when he helped discover and develop a new massive oilfield which today contributes about 700,000 gallons of oil a day. Hamm is on all of the lists of the world's richest and most influential people. His stock holdings in Continental alone are estimated to be worth $11.2 billion.

Prenuptial agreement invalidated due to husband's fraud

There has been a growing trend in recent years for the use by couples intending to marry of a seemingly rather unromantic contract. The agreement sets forth future terms for a property division if the marriage fails and a divorce occurs. In Texas and other states, a prenuptial agreement is usually urged by the wealthier party to the upcoming marriage for the purpose of preserving that person's assets in the event of a divorce.

In some situations, a prenuptial agreement is also used by a person to preserve his or her assets for the benefit of children from a prior marriage. An appellate court decision in another state recently held that a prenuptial agreement obtained under false pretenses was legally invalid and would not be enforced in the parties' divorce. I believe that a Texas court would rule the same depending on the specific facts of the case.

Having a premarital agreement can bring you peace of mind.  Having one that is not valid can be shocking later on and can cause a lot of grief.

Some argue that law against family violence can backfire

Domestic violence is a serious national problem. Recently, women's groups and others lobbied vigorously for reauthorization of the Violence Against Women Act (VAWA), which represents a vital aspect of the strategy against family violence both in Texas and nationwide. After some congressmen created a dust storm by rejecting the Act the first time around, the law's re-authorization by Congress last week brought expressions of gratitude and relief in most quarters

The statute provides $3.3 billion generally for housing, police training, hotlines and other measures designed to prevent or to effectively deal with domestic violence. However, now that the dust has settled, it appears that some parts of the law are being criticized by some family law scholars and feminists. One concern is that the law authorizes police to prosecute a domestic violence offender even if the spouse does not want to testify or press charges.

Report says property division should focus on retirement benefits

It's harder for one person to plan a retirement strategy than it is for two persons who act together as one. When a couple divorces, each spouse may often face a drain on retirement and other benefits at least until successfully transitioning to a more secure future. When getting divorced in Texas, it's therefore important that the property division agreement be carefully planned to maximize a person's recovery for his or her future needs.

A recent report in a national financial magazine recommends that a spouse in a divorce focus more on retirement benefits and income-producing assets than on the family home. A person usually suffers a drop in retirement funding after a divorce. Furthermore, women sustain an average drop in household income of 41 percent, which is significantly greater than that of men, according to the Government Accountability Office.

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