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

 

Married to Her Stepdad?

As a child, Orola Dalbot really liked her stepfather.  He was kind and good-looking.  However, Orola was horrified when she found out that the man was not only her stepfather – he was her husband!  Orola was married at the age of 3 in the same wedding as her mother to the same man, but she did not find out that she was married until she turned 13. 

 

The unusual marriage relationship came about because of an old custom of Orola’s tribe, the Mandi people of Bangladesh.  Orola’s mother Mittamoni was widowed at the age of 25.  According to tribal rules, for Mittamoni to remarry – she had to marry someone in the same family clan as her deceased husband.  The problem was, and is for many other women in the Mandi tribe, that there weren’t many unmarried men available who were both of marrying age and of the correct family clan.  So, Mittamoni’s only option for a groom was a 17-year-old man. When a Mandi widow marries a much younger man, tribal tradition requires that the widow offer her daughter as a sort of “alternate bride” to take over the wifely duties (yes, ALL of them) when the daughter comes of age.

 

Mothers and daughters share a lot, but can you imagine having to share a husband with your mom?  The multi-marriage took a toll on Orola’s relationship with her mother, particularly when their shared husband began to prefer his younger bride.  Her mother apparently went so far as to spike Orola’s food to make her sick, so that Mittamoni could have a night with their husband.

 

Hopefully, none of our blog readers have a family situation THIS complicated.  But whatever your family drama involves – The Wright Firm is here to help you!  If you have an ongoing or potential divorce, child custody case, child support case, or other family law issue be sure to give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

 

Original story can be found here:  http://lifestyle.msn.com/relationships/article.aspx?cp-documentid=30351206&GT1=32002

 

Breakup Bling!

I would hazard to wager that most women have at least one or two pieces of jewelry left over from past fizzled relationships - be it a wedding ring still shoved in a dresser drawer post divorce, or that “Tiffany” necklace that turned out to be as true as the boy that gave it to you.  These days, new websites are popping up that allow women (and men) to turn that break-up jewelry into cash when, as one site put it, “You don’t want it, but he can’t have it back.”

Many people feel awkward walking into a pawn shop and hocking what was once a treasured item.  Not to mention, pawn prices are frequently not anywhere near as high as one would hope.  The sites give the broken hearted not just a place to sell their jewelry for closer-to-market prices, but also in some cases has the cathartic benefit of allowing the seller to tell his or her story.  One such site, www.exboyfriendjewelry.com actually requires those listing items for sale to include the breakup story in their listing.

It’s not just “regular” gals selling their jewelry either!  Celebrity exes like Jennifer Lopez and Ellen Barkin reportedly have had their breakup gems sold at auction. For those of us who don’t quite have enough of a collection to merit our own auction, or even for folks looking for a good deal on slightly used jewelry, these websites might be worth a look.

If you are going through your own break up, just a reminder – under Texas Family Law, anything that you receive as a GIFT or owned PRIOR TO the marriage (and engagement rings tend to fall into both categories) will fall under the definition of separate property.  Separate property is NOT subject to being divided up by a divorce court.

Need help with your Texas divorce?  The Wright Firm is here to help you!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

Video of the original Nightline story can be found here:  http://abcnews.go.com/nightline.  Text of the story can be found here: http://abcnews.go.com/US/lead-celebrities-ordinary-women-sell-break-bling/story?id=14307992

 

Heartbreak Hotel!

A company in the Netherlands is now offering “Divorce Hotel” services.  The concept was created by Dutchman Jim Halfens.  As part of the divorce weekend package, a divorcing couple receives two nights in the nights in the hotel, legal counsel for each spouse, a notary public and a psychologist.  An estate planner, on-site child care and even a bottle of champagne to toast the divorce are available a la carte.

Halfens says that this is less like a weekend getaway for the couple and more like a structured business conference.  The first meeting begins bright and early Saturday morning after breakfast and continues with very little breaks until a deal is reached – even if that’s late into Sunday night.  The weekend divorce deal is not suited to complex property divisions or hotly contested custody cases.  However, for sensible couples who “won’t smash the furniture” and don’t want to miss work for court hearings or mediations, the “divorce hotel” offers an unusual solution.

No similar service is available stateside right now, but the Wright Firm is always open to creative ways of resolving your divorce case!  We have two family law attorneys trained in collaborative law, and we also offer flat-rate plans for uncontested divorces.  To learn more about these services, check out our websites at www.thewrightlawyers.com and www.NoFrillsTexasDivorce.com! 

Original article can be found here: http://www.nzherald.co.nz/lifestyle/news/article.cfm?c_id=6&objectid=10744656

 

The (Multiple) Marrying Kind

Kody Brown, an overt polygamist and star of the reality TV show “Sister Wives,” is being investigated by the State of Utah for violating the state’s – you guessed it! – polygamy laws. Brown currently has four wives (though only civilly married to one wife) and 16 children and step-children.  One might wonder why the Brown family would choose to put their lives on television knowing that it could open them up to criminal prosecution.  However, Brown has responded by filing a lawsuit to challenge the constitutionality of laws prohibiting polygamy.

 

The lawsuit employs an interesting tactic by not actually seeking to force states to recognize multiple marriages.  Instead, it builds on the premise that the state cannot make unconstitutional intrusions on a person’s “intimate conduct”.  Precedent for this premise was established in the U.S. Supreme Court case of Lawrence v. Texas, which struck down state sodomy laws.  The lawsuit seeks to extend the Lawrence ruling, to treat polygamous relationships as “intimate conduct” between consenting adults. 

Here in Texas, polygamy is strictly against the law in two different ways.  First, a marriage entered into during the existence of a prior marriage is void.  If a marriage is “void” that means it is as if the marriage never happened. See Texas Family Code §6.202  Secondly,  polygamy is a crime under the Texas Penal Code.  An individual commits a criminal offense if he/she is legally married and purports to marry or does marry another person or lives with a person other than his/her spouse in this state under the appearance of being married. See Texas Penal code §25.01. 

 

Are you absolutely sure you are divorced from a previous spouse?  Are you concerned that you may be “common law” married to your current significant other, but you never bothered to divorce your ex?  The Wright Firm is here to help you!  Give us a call at (972) 353-4600 and speak to one of our Dallas Family Law Attorneys or check us out on the web at www.thewrightlawyers.com.

 

 

Wacky Marriage Laws

Clients complain to me all the time about how strange Texas Family Law is.  Well, to all of those critics, I say take a look at the following weird marriage laws from other U.S. States:

1. Montana is the only state in America where BOTH the bride and the groom can use a “proxy” to stand in for them if they cannot be present at their own wedding.  (Okay, to be fair – Texas does permit ONE prospective spouse to appear by proxy.  See Texas Family Code Section 2.203)
2. For a few months, Arkansas law permitted ANYONE under 18 (even infants) to marry if they had parental consent.  The state legislators forgot to put in an age minimum! This goof was corrected in April 2008, and we will assume all toddler marriages have since been annulled.
3. I double-dare you to divorce me!  In Delaware an official legal ground for annulment is that you got married “because of a jest or dare.”
4. In Kentucky it is illegal to marry the same person 4 times.  You can get married to and divorced from different people, however, as many times as you want.
5. Massachusetts has a 2 unusual marriage laws to its credit:
   1. A married couple may not sleep in the nude in a rented room (what pervy innkeeper keeps an eye on this?); and
   2. In Truro, MA - A groom-to-be must prove his manliness by hunting and killing either 6 blackbirds or 3 crows.  Nothing more manly than a bird hunter!
   3. In South Carolina, it is a misdemeanor for a man over the age of 16 to propose marriage and not “mean it.”  But, I suppose if someone dared the guy to propose, he could always run to Delaware for an annulment…
   4. In Wichita, Kansas, a woman cannot use her husband’s mistreatment of her mother as a ground for divorce.  Good news for guys who hate their mother-in-law.
   5. Keep those lips to yourself!  In Hartford, Connecticut, it is illegal for married couples to kiss on Sunday.
   6. In New Orleans, Louisiana, it is against the law for a palm reader, fortune teller, or other “mystic” to perform a wedding ceremony.  Are they afraid the medium is going to tip off the couple about their future marital problems?

Have questions about our (much more normal!) Texas laws on marriage and divorce?  Give The Wright Firm a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

Original MSN story can be found here: http://glo.msn.com/relationships/10-obscure-marriage-laws-5450.gallery?gt1=49006

 

Happy Campers or Texas Family Law?

You want your child to go to basketball camp this summer, but your ex wants to enroll the kid in advanced basket-weaving instead.  Who wins? 

The odds are that unless you have a very unique Divorce Decree or Child Custody Order, NEITHER parent is expressly granted the right to decide what camps the kiddies can attend.  This means that two predominant factors are going to go into the determination of whether your child will be enrolled in the camp you want:

1)      Whose possession time is it?  If the camp is during YOUR visitation time, you can sign your child up.  If the camp is during the other parent’s time, better let it go.  If you book activities for the child during the other parent’s time, you put yourself at risk of a Judge viewing your actions as denying that other parent his/her visitation time. 

2)      Who is going to pay for it?   If you want to enroll your child in a camp over the protest of the other parent, be prepared to pay every penny of costs associated with the camp.  If you’re ok with paying for it, go for it.  If you can’t afford the camp without the other parent contributing financially – better start sweet-talking them.

 

For information about Texas Family Law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com. 

 

A Sex Scandal Without the Sex!

Much ado has been made recently about U. S. Rep. Anthony Weiner sending sexually explicit messages and images via the internet to various women.  While there is a long-running tradition of sex scandals among American politicians, the quirk in Rep. Weiner’s story is that – as far as anyone is acknowledging – there has been no actual sex involved.  This is the “sex scandal” for the Age of Facebook and Twitter.

Weiner is not alone.  A May 2010 study by the Pew Internet and American Life Project, 15% of adults reported that they had received a sexually suggestive nude or nearly nude photo or video on their cell phones.  6% admitted to having sent such messages.  Of adults in the 18-to-29 age bracket, 31% stated that they had received and 13% that they had sent sexually explicit messages.

But, is an internet- or cell phone-based “affair” really cheating?  Under Texas law, it does NOT meet the definition of adultery.  To qualify as “adultery” there must be voluntary sexual intercourse between a married person and someone who is not the spouse of that person.  That doesn’t necessarily mean, however that your spouse won’t see a cyber affair as cheating.  The Associate Press reports in the wake of the Weiner debacle, that many Americans have stated via online postings and phone interviews that the emotional betrayal is just as bad as a physical betrayal.  As a divorce attorney, I can personally attest to the increasing role Facebook and other social media are playing in my clients’ cases.

The Bottom Line:  If you wouldn’t tweet it, post it or text it with your spouse looking over your shoulder, there’s a good chance your spouse will think it’s cheating.

For information on Texas law contact The Wright Firm, L.L.P. at 972-353-4600 or visit us on the web at www.thewrightlawyers.com 

See Yahoo News article here:  http://news.yahoo.com/s/ap/20110607/ap_on_re_us/us_weiner_is_sexting_cheating

See MSNBC article here:  http://www.msnbc.msn.com/id/43365868/ns/politics-capitol_hill/

 

Can A Texas Child At The Age Of 12 Tell The Judge Where They Want To Live?

In Texas, children do not get to choose who they will live with; however, children who are at least 12 years old can tell a judge where they want live. The Texas Family Code allows a judge to interview a child 12 years of age or older to determine the child’s desires as to which parent should have the exclusive right to determine the child’s primary residence. Either party in the suit can request a judge to confer with a child. Once a request is made for a judge to confer with a child, the judge is required to talk with children 12 years of age and older and has the discretion to talk with children under the age of 12. The judge may or may not follow the child’s wishes.  The judge’s decision will be based on the best interest of the child.

For more information contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.