The Wright Firm's Weblog

Texas Family Law: When a Divorce isn’t a Divorce

Across the country the debate about same-sex marriage has heated up and become a very recent focal point. This blog is neither against nor in support of such marriages.

A married couple moves to the Dallas area from New York, they have two children, two stable well paying careers, buy a home in a suburb of Dallas, blend in with two SUV’s, and generally live the idyllic Dallas area life. But at some point, somehow the marriage breaks, it’s irreparable and the couple starts down the road to divorce. Each obtain legal counsel and explain the marriage, the children, the assets and how they each feel the divorce should proceed.  While this couple fit a general picture of a Dallas area divorce case, they are not. This is a same-sex couple.

Texas does not recognize their marriage in New York State. Regardless of political views, personal and moral views, the discrepancy between New York law and Texas law creates a huge legal problem when a same-sex couple decides to divorce.  In Texas, marriage is specifically defined as between a man and a woman no less than five times in the State Constitution and Family Code.

So why, if the couple isn’t actually married in Texas must they divorce?

The importance of being allowed a legal divorce is primarily an issue of property and assets. In a divorce the community property which is jointly held and the separate property which is individually held is divided fairly. Each spouse walks away with what a court or their agreement dictate is theirs. The theoretical same-sex couple has both community and separate property but no way to divide and legally end the marriage.

There are some states that will allow a same-sex couple to divorce in that state even if the state does not recognize the marriage to begin with. Currently in Texas, The Texas Supreme Court has two cases for review that address whether Texas should allow same-sex divorce. The Texas Supreme Court may decide that District Courts across Texas can grant divorces to same-sex couples even though same-sex marriages are unconstitutional under the Texas Constitution. However, since the Supreme Court of the United States has recently heard arguments on California’s Proposition 8 and the Defense of Marriage Act, the Texas Supreme Court may wait to accept the cases for review until after the decision of the US Supreme Court is released.

For right now the theoretical couple in Dallas can use mediation and collaborative law to attempt to divide property and assets. In some cases same-sex couples designate their property and assets under a business partnership or joint venture. The business designation allows the Texas Business Code to rule the dissolution of the business. A practical if unfeeling way to end a relationship.

Do you have questions about obtaining a divorce in Dallas County or Collin County? Are you considering what steps to take to begin the divorce process? Give the lawyers at The Wright Firm a call. We practice family law throughout the Dallas area and are here to help! Call us at (972) 353-4600 or visit our website at thewrightlawyers.com.

Can a divorce be bad for business?

Social media outlets have been ablaze with news of Kim Kardashian filing for divorce after a mere 72 days of wedded “bliss”.  Many are now questioning whether the $10 million wedding-turned-immediate-divorce will generate backlash that will hurt the Kardashian brand.  Though there is much hate mail flying around the Twitter-verse and wedding vendors are furious, USA today reports that Kim K’s brand is safe.  The experts interviewed all came to the same conclusion – Kim’s divorce will just be a blip on her business radar, and the publicity surrounding it could actually be good for revenues.

For those of us without our own reality show, divorce can have a bigger impact on business.  In a Texas divorce if you own an interest in a business, that ownership interest can be considered a community asset; meaning, it could go into the “pot” of assets that the court divides in your divorce.  Divorce can affect your business in other ways as well.  If you and your spouse worked together, divorce obviously will put a huge strain on that working relationship.  If your business depends on “goodwill” in the community, the mud-slinging involved in a contentious divorce can be damaging to both your business and personal reputation.

Are you worried about how a divorce will affect your business?  The Wright Firm is here to help answer your questions!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

Original USA Today story can be found here:  http://www.usatoday.com/life/people/story/2011-11-01/kim-kardashian-kris-humphries-divorce/51020246/1

In case you’re curious where Kim Kardashian falls in the ranks of shortest celebrity marriage, check out this info graphic from the Huffington Post: http://www.huffingtonpost.com/2011/10/31/shortest-celebrity-marriages_n_1068180.html?1320097823

 

L.A. Confidential!

In a story that sounds a bit like old Hollywood film noir:  A Los Angeles private detective faces accusations of using showgirls to lure divorcing men into drunk driving charges.  Allegedly at the behest of a divorcing wife, Christopher Butler set up a “sting” operation wherein he hired a former Las Vegas dancer to connect with the husband on a dating website.  After that the showgirl just had to get the husband to meet her, take a few shots of tequila, and convince him to get behind the wheel.  The cops took it from there.

Butler, a former police detective, is also facing federal indictment for selling drugs and operating a brothel – both in conjunction with California police agencies doing undercover work.

The Wright Firm would never use illegal means to trap an opposing party.  However, there ARE legal ways of using private investigators in a divorce case.  Word to the wise – if you are going through a divorce, behave yourself as if you are being watched.  You never know when it might be happening!

Do you need help with your divorce case?  Are you curious what options are available to investigate your spouse? Give The Wright Firm a call at (972) 353-4600, or check us out on the web at www.thewrightlawyers.com.

For the full American Bar Association article, click here:  http://www.abajournal.com/news/article/private_detective_accused_of_setting_up_divorcing_men_for_duis_with_help_of/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

 

Point of Law: Common Law Marriage in Texas

 
In Texas, an informal or "common-law"  marriage is a marriage between a man and woman who agree to be married, live together as husband and wife, and hold themselves out to others as husband and wife, but who have not obtained a marriage license and participated in a marriage ceremony.  

To enter into an informal marriage, a party must establish that he or she has met the statutory requirements and has the capacity to enter the marriage.  If you have questions about common law marriage, contact The Wright Firm, L.L.P. at 972-353-4600 and via the web at www.thewrightlawyers.com     

 

Point of Law: Texas Divorce Waiting Period

The Court may not grant a divorce in Texas before the 60th day after the date the suit was filed.  The waiting period is not required before a court may grant an annulment or declare a marriage void.  

A waiting period is not required if the court finds that: 

The opposing spouse has been finally convicted of or received deferred adjudication for an offense involving family violence against their spouse or a member of the spouse's household; or their is an active protective order against the other spouse because of family violence committed during the marriage.

The 60-waiting period is required based on the rationale that the parties ought not rush into divorce when there might still be a genuine prospect for reconciliation.  

This point of law has been brought to you by The Wright Firm, L.L.P.  If you have questions about the Texas divorce waiting period, contact our office at 972-353-4600 or reach us by the web at www.thewrightlawyers.com.

 

What is a Managing Conservator in Texas?

A “managing conservator” in a divorce or family law context is generally given every one of the rights, privileges, duties and powers associated with a parent, to the exclusion of all other people, including the other parent, other than as otherwise ordered from the court. In a nutshell, the managing conservator is the primary custodian of the children, and (1) has the right to make most of the major decisions governing the children’s lives, (2) has got the primary physical possession of the children (custody) and (3) has the right to receive child support on behalf of the children. There are two kinds of managing conservators, “sole managing conservatorship” and “joint managing conservatorship”. 

 

Texas Court Room Rules

Top 10 Texas Court Room Rules

 Have you ever been to court?  Unless you’re going to the court house for jury duty, appearing for one of your own hearings can be a very scary experience.    If you are scheduled to appear in a court in Dallas, Denton, Collin, or Tarrant Counties, here are some things you need to know.  Maybe you are appearing for your divorce or family law hearing, a contested probate case, a criminal hearing, or a final trial in a civil matter. 

 

Because judges have different preferences, and “courtroom custom” may vary depending on the county and the judge, the following is intended to provide a top 10 list of things you should know before you get to the court house:

 

1.      Always be prompt.  If your hearing starts at 9:00, you probably need to be there at least thirty minutes early.  For example, in a Denton Divorce case, your Denton County Divorce Attorney may want you at the court house even earlier because many times settlement negotiations will take place at the court house.  Do not be late!  The judge may not wait on you.  The judge will call the case at the time designated and if you are not there the judge will proceed and could dismiss the case if you are not in attendance or even worse the other side could get the relief that they are seeking.  Also, know where you are meeting your lawyer before the hearing. 

 

2.      Stand when the judge enters or leaves the courtroom. Being a judge is an extremely difficult job.  Judges must look at all sides and make as best of a decision in each case as possible. The things they have to see and hear about are horrendous. Standing is a simple sign of respect. We stand when we do the pledge of allegiance, or when the national anthem is being played. We stand when a bride walks down the aisle, or when the president comes into a room. 

 

3.      Do not make personal attacks on opposing counsel or the opposing side.  The other lawyer is just doing their job.  Remember the other lawyer is not going to decide your case.   Have the hearing in the court room not in the hall.

 

4.      Do not interrupt the Court or opposing counsel. Wait your turn.  I see this every day at the court house.   The judge will let you have your turn and will let you have a chance to respond to what the other side or the other lawyer is saying. 

 

5.      No children are allowed in the Courtroom during Court proceedings. The court house is not a day care.  There is no one to watch your children.  For example, if you have a Dallas Divorce case, why would you want your children to sit in the court room and have them listen to the complaints of you and your spouse.  One judge has even told me that if he sees that a party brings a child to the court house, without court permission, he is already thinking in his mind that you do not have your child’s best interest in mind. 

 

6.      No food, drinks, chewing gum, candy or tobacco products are allowed in the Courtroom.   For example, the Collin County Court house is paid for with tax payer money and is needed for the benefit of all citizens.   The request for no food or drink just ensures that the buildings will remain nice and clean for us all in the future.

 

7.      No hats, caps, shorts, tank tops, halter tops or provocative clothing (this includes wording, pictures and the manner in which the clothing is worn).  This really is a lawyer’s pet peeve.  As a Family Law Attorney in the Denton County Courts,  I  have personally taken clients shopping before a hearing.  You are not going to the spa, the beach, and you will not sway the judge by what you are wearing.   Years ago while up in the Denton County Courts, I witnessed a bailiff instruct a person to turn their “This Buds for You”  t-shirt inside out.  Remember this is also a sign of respect.   

 

8.      All pagers, cell phones or other portable communication devices must be turned to the off position. No communication devices shall be operated in the Courtroom. No audible sounds from the communication devices shall be permitted.  In many North Texas court rooms, if your cell phone goes off, it will be confiscated and not returned until you pay the fine for its return.  I have witnessed in the middle of my hearings the opposing party’s cell phone going off while they were on the witness stand.  Do we think that helps or hurts their case? 

 

9.      All talking shall be at a minimum while court is in session.  The judge cannot hear what is going on in the court room if everyone is talking.  If you want to talk to your lawyer, go out in the hall.

 

10.    All persons addressing the court and/or staff shall do so in a respectful manner (i.e. yes sir, no sir, yes ma’am, no ma’am).   Yelling at the bailiff, the court reporter, the court coordinator is never helpful or advised. 

             These are just a few guides that we tell our clients on a day to day basis.  At The Wright Firm, L.L.P. we have offices in Dallas, Denton, Collin, and Tarrant counties in North Texas.  We also handle family law and divorce, criminal matters, bankruptcy, probate and estate planning, immigration, and civil litigation.  If you have questions about this article or a case that you may have, please visit our website at www.thewrightlawyers.com or send me an email at [email protected] for more information.  Thank you for reading this article.