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.

No Need to Shoot Your Ring off!

Everyone knows the Beyonce song, “If you like it then you shoulda put a ring on it…” it’s catchy and cute, but what happens when you want that ring off?

 

If you are considering a divorce in Lewisville, there is no need to go to extremes to remove your wedding band.  A man in Pennsylvania learned that the hard way when he tried to shoot his wedding band off of his finger.

Read the full article here:

http://www.cbsnews.com/8301-504083_162-57574596-504083/drunk-federal-prison-guard-shoots-at-own-finger-to-remove-wedding-ring-police-say/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+CBSNewsTravelGuru+%28Travel+Guru%3A+CBSNews.com%29

If you are considering a divorce in the Lewisville or surrounding area you should know there are much less harmful or dramatic ways to being the process. Remember ACC, (Assets, Children, Cooperation) when you start thinking about your divorce process:

Assets- meaning anything of value (property, cars, furniture, jewelry, cash, stocks etc.) Know what your assets are. Texas is a community property state, therefore any property or assets acquired after a marriage are equally owned by both spouses, unless there is a written legal agreement prior to marriage. You need to know what assets you have, where they are, and what if any assets you had prior to marriage. Assets held prior to marriage are separate property and belong only to the spouse that held them before the marriage.

Children- no matter what, they will be impacted by a divorce as a parent and adult it is your job to ensure they are not put in the middle of any divorce proceeding.

Cooperation – consider that you and your spouse will both have lawyers and other expenses to pay in the process of a divorce. Think about if there is any middle ground between the two of you. The more you can agree on in separating assets and arranging potential custody agreements, the less legal and other fees you and your spouse will have to pay.

Do you have questions about pursuing a divorce and what you should be thinking about? The Wright Firm is here to help and provide comprehensive legal representation through every step of your divorce. Give us a call at (972) 353-4600, or check us out on the web at www.thewrightlawyers.com

Split or 50/50 Custody of Children

The court will always look to the best interest of the child when determining the proper arrangement for the custody of a child.  In Texas, there is a presumption that the Texas Family Code’s Standard Possession Order is in the best interest of children.  However, this presumption can be rebutted.  The problem with the Texas Family Code’s standard possession order is that, because every family law case is different, the standard possession order does not fit in every situation. 

 

 Many clients go to their family law attorney and request 50/50 custody or a custody schedule that is evenly split down the middle between the two parents.  Some parents believe this will alleviate their child support obligation, however this is a common misnomer regarding 50/50 schedules.  Other parents want a 50/50 schedule simply because they wish to visit their children as much as possible.  Whatever the reason, there are several issues in the family law arena related to these types of arrangements. 

 

Many judges do not prefer 50/50 schedules because they feel it is too stressful on the children.  The reasoning behind this argument is that the children are moving around too much and cannot gain consistency in a home.  It can be argued that the arrangement creates stress on the child or children.  For example, a child who is required to pack up and move from one parents home one week to another parent’s home the next week may resent the schedule.  Perhaps there is some validity behind this argument.  A week on, week of schedule may be one of the more difficult schedules to pass off to a judge. 

 

 A schedule that divides up custody of the child on what some may consider a somewhat more regular schedule may be better utilized.  This may sound confusing, because a week on week off schedule is consistent.  However, for example, a schedule where the child spends certain days of the week with one parent and certain days of the week with the other parent may create more of a routine, such as a 5-2-2-5 schedule where the child spends every Monday and Tuesday with one Parent and Every Wednesday and Thursday with the other parent and then alternates Friday through Sunday.  Under a schedule of this nature, the child is allowed more consistency because it is known that every Monday and Tuesday night, they will be with a specific parent.  The child can then create more of a routine knowing they will be with a specific parent on specific days of the week.  The child can leave belongings at the parent’s home that they only use on the weekdays they are at that parent’s home.  The child will be better able to mentally associate their routine with each parent as well.  This is especially helpful as schools move more towards using block scheduling methods regarding classes. 

 

            Whether it be because frequent and continuing contact with the child will only be achieved by a revised schedule, or because one of the parents has an uncommon work schedule, it will be easier for the court to award the schedule if the facts of your case are helped by the schedule.  There are a variety of 50/50 schedules that will work and the courts are allowing the schedules more and more.  The important thing to portray to the court when trying to obtain a 50/50 schedule is that the schedule is in the best interest of the children. 

For more information on Texas custody and visitation with children contact The Wright Firm, L.L.P. at www.thewrightlawyers.com  or call us at 972-353-4600.

 

 

Virgin Father says he’s “Donorsexual”

36-year-old Trent Arsenault is the father of 14 children.  Mr. Arsenault is also a virgin.  How did this happen?  Arsenault claims that he feels it is his duty to help childless couples by supplying them with sperm free of charge, and that he has devoted all of his sexual energy to this mission. He has coined the term “donorsexual” to describe his activities.  The Food and Drug Administration has ordered him to cease and desist.

                Does this mean that Mr. Arsenault is on the hook for child support for the 14 offspring he has helped create?  Under Texas law, that would turn on whether Arsenault falls within the definition of a “donor”.  Texas Family Code Sec. 160.702 says that a donor is not a parent of a child conceived by assisted reproduction.  A “donor” is a man who provides sperm to a licensed physician to be used for assisted reproduction.  If Mr. Arsenault provided his “donations” directly to the couples he is helping, then he may have a legal problem.

                Do you have questions about Texas Paternity issues?  The Wright Firm is here to help you!  Give our office a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

Huffington Post article can be found here: http://www.huffingtonpost.com/2012/02/03/trent-arsenault-donorsexual-sperm-donor-video_n_1251595.html?ref=weird-news

 

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

 

Black Market Baby!

Many parents feel like they are not up to the task of raising their child, but would you ever consider putting a baby up for sale? Young mother Bridget Wismer allegedly had an agreement to sell her newborn son to an unrelated single man John Gavaghan for $15,000. Wismer reportedly does not believe she did anything wrong.  She had been permitting Gavaghan keep her son at night, and had also been calling on him “whenever she needed something for the baby.” 

According to Wismer, she and Gavaghan did not have an “organized” relationship or agreement, but rather he had just informally agreed to help her raise her child.  Police however allegedly have surveillance footage of Wismer and Gavaghan signing a contract for the purchase of the baby.  As one would expect, sale of babies is a crime in Wismer’s home state of Delaware.   Wismer and Gavaghan are facing charges of Dealing in Children and Conspiracy.  The baby is currently in foster care.

Texas law prohibits the sale of children, too.  Under Texas Penal Code Section 25.08, it is a second degree felony to sell or purchase a child.  However, you CAN have payment arrangements for legal fees and fees charged by a child-placing agency as part of a legitimate adoption without it being considered “sale of a child”.

Are you trying to adopt (not buy) a child?  The Wright Firm can help you with your adoption case.  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://philadelphia.cbslocal.com/2011/10/04/police-delaware-mom-agreed-to-sell-newborn-to-philadelphia-man/

 

Providing for Another Person’s Child

Unfortunately, sometimes parents do not provide for their own children.  These situations can arise when a parent is neglectful or when a parent takes advantage and “uses” a nonparent friend or relative by getting the nonparent to provide for the child.  When this happens, does the nonparent have a legal claim, under Texas law, against the parent for the expenses he or she incurred to provide for the parent’s child?

 

Under the Texas Family Code, parents have a legal duty to support their children, including providing their children with clothing, food, shelter, medical and dental care, and education.  A parent’s duty to support his or her child exists while the child is an unemancipated minor.  Furthermore, the Texas Family Code provides that any parent who fails to discharge the duty of support is liable to a person who provides necessaries to his or her child.

 

Therefore, Under Texas law, a nonparent does have a legal claim for reimbursement against a parent when the nonparent provides necessaries to the parent’s child, and the parent has failed to discharge his or her legal duty of support.

 

For more information about a parent’s liability to a person who provides necessaries to the parent’s child 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.  We have offices in Dallas, Denton, and Lewisville.  We also have offices by appointment only in Frisco, Plano, and Ft. Worth.

 

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.