Josh Hamilton Divorce

Josh Hamilton Divorce: Case Analysis by Board Certified Divorce Attorney

Whether you are a baseball fan, regardless of whether you are a Texas Rangers fan, regardless of whether you are a Josh Hamilton fan, the recent publicity about Josh Hamilton divorce does him (and his wife) a disservice and unfairly perpetuates baseball and divorce stereotypes.

The press has done a remarkable job of misleading the public as to what Mr. And Ms. Hamilton probably would prefer to be a personal matter.  The reporting on the Josh Hamilton divorce  has likely led readers to make assumptions that are not based on reality.  No one media outlet is solely responsible as the stories and deceptions have been a significant part of the reporting of many print and electronic media.

Fortunately for readers of this blog, it gives me a chance to discuss several incorrect assumptions that are frequently made.  Also, many people read the divorce petition filed by their spouse and misunderstand what is happening.  As a guide to the initiating of a divorce, let’s parse the reporting.

Newspapers correctly pointed out that the reason for the Josh Hamilton divorce  was conflict between the spouses.  Specifically, the Hamilton petition reads: “The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.”  Don’t read anything into this!   This language comes straight out of the Texas Family Code and defines what is typically called a “no-fault” divorce.  This is the least aggressive pleading that you could have since any other pleading would require the petitioner to plead a “fault” ground such as adultery or cruel treatment.  When I see this in a client’s petition, it gives me hope that it may be possible to resolve the dispute without too much litigation.

The articles about  the Josh Hamilton’s divorce  make a big deal of the fact that there are 34 “requests” in the petition including “prohibiting his wife from using a Maserati and 1972 Chevrolet Blazer in her possession; prohibiting her from ‘hiding’ the children from him; prohibiting her from making disparaging remarks against him or his family.”  Again, these are common “injunctions” that appear in many, if not most, petitions filed.  Family lawyers typically use language from the Texas Family Law Practice Manual and, except for the specific references to the Maserati and Blazer, this petition directly quotes from the manual.  There should be assumptions made about Ms. Hamilton based on these words.

Articles go on to discuss certain prohibitions against Josh Hamilton, including that he can’t see his children without supervision and he cannot go to the couple’s three homes.  This is true but misleading in some regards.  First, while it seems to be implied that there are court orders, they are, in fact, Rule 11 Agreements.  A Rule 11 Agreement is an agreement by the parties that has about the same effect as a court order.  The difference is often that the court does not make a decision; the parties do.

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