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

What is Texas “Expanded Standard” Visitation?

What is “Expanded Standard” Visitation?

The most important issue that many parents face in a divorce or child custody case is how much time they will ultimately have with their child. In these situations, parents must make decisions about the rights and duties that they will each have over their child, along with the possession schedule that the parents and child will follow. If the parents are unable to come to an agreement on these terms, then a court will make a ruling on the issues. In many cases, one parent is appointed as the “custodial” or “home-base” parent who determines the primary residence of the child. The other parent, the “non-custodial parent,” follows a possession schedule over the child.

The most common possession schedule for non-custodial parents is called the Standard Possession Order. It grants the non-custodial parent time with the child every Thursday evening during the normal school term, and every first, third, and fifth weekend of each month beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday. In addition to these times, the non-custodial parent is awarded 30 days in the summer months, a week during Christmas break, and alternating spring break and Thanksgiving holidays.

The Standard Possession Order is presumed to be in the best interest of the child in all Texas family law cases, unless one party produces evidence to the contrary. While the Standard Possession Order is the most widely used schedule, it is important to note that it is the minimum amount of time that courts deem  appropriate between a child and the non-custodial parent. If a parent wishes for the non-custodial parent to receive more time with the child, he or she should ask the court to grant them Expanded Standard Visitation under the Texas Family code (§153.317).

Expanded Standard Possession allows for a non-custodial parent to make certain elections to extend the duration of the standard possession order. These elections are:

WEEKENDS: The non-custodial parent can choose to pick up the child when school is dismissed on Friday and/or return the child when the child’s school resumes the following Monday.

THURSDAYS: The non-custodial parent can choose to pick up the child when school is dismissed on Thursday and/or return the child when the child’s school resumes the following Friday.

            HOLIDAYS: Expanded Standard also lengthens the time available for holiday periods of possession (Christmas, Thanksgiving, Mother’s Day, Father’s Day, and so forth), and for extended weekends due to holidays.  

The benefit of Expanded Standard to many non-custodial parents is that it creates a period of uninterrupted visitation for four nights, lasting from the end of school Thursday through the following Monday morning for the non-custodial parent’s weekend possession. This duration can be beneficial to increasing a child’s bond with the non-custodial parent.

If a parent does not elect Expanded Standard Visitation under the Texas Family Code, then their claim to it is waived and he or she may not retroactively elect it after the Order is entered. Therefore, it is important to discuss this option with an experienced Texas Family Lawyer to help you enter a possession schedule that works for you and your family.

If you have questions about possession schedules in a child custody or divorce case, contact the Wright Lawyers at 972-353-4600 or visit us on the web at www.thewrightlawyers.com 

Paternity in Texas – What you Need to Know

The determination of paternity is one of the fastest-growing segments of family law. Today, over half of all children in our state are born to single parent households and this number is rising by about 3 to 4 percent annually. Troubling still is that the fastest growing demographic in the United States is single mothers living below the federal poverty guidelines. To protect and prevent single-parent families from succumbing to poverty, the federal government passed legislation requiring states to proactively seek out and adjudicate parents for the sole purpose of paying child support.

In Texas, the Office of the Attorney General is the agency in charge of calculating and collecting child support for unmarried parents. All child support is required to be paid through the State Disbursement Unit (“SDU”) in San Antonio so that the State may report its collections to the federal government and receive federal funding. Many people are surprised to hear that the Office of the Attorney General is only concerned with child support, and does not determine issues of possession and access. Every week, the IV-D (“Four D”) courts in Texas conduct hearings with the Attorney General’s Office to establish paternity, calculate child support, or collect unpaid child support. These hearings are often attended by hundreds of people at a time. Any claims that the parties have about possession and access of the child will not be heard in a IV-D court, but rather will be transferred to a District Court where the attorney general will also become a party to the lawsuit.

How is paternity established in Texas? For the purposes of collecting child support, it can be any of the following:

1. A woman is the presumed mother of the child by virtue of giving birth to the child.
2. A man is the presumed father of the child by virtue of:
   1. Adopting the child, or
   2. Having paternity adjudicated (via DNA testing), or
   3. Voluntarily acknowledging his paternity of the child, or
   4. Was married to the mother when she gave birth to the child.

A common myth in family law is that having a man’s name entered on the child’s birth certificate makes him a “presumed father” of the child because he voluntarily acknowledged his paternity on the birth certificate. This myth is false. The purpose of the voluntary acknowledgment process is to establish paternity without the need of judicial action; therefore the process must meet strict requirements. The only way that a man can be a presumed father by voluntarily acknowledging his paternity is to file a written statement with the Bureau of Vital Statistics asserting that he is the father. This statement must be signed by the mother. Prior to 2011, there were very narrow time limits for when a person could challenge an acknowledgment of paternity if someone believes he is not the parent of the child. In 2011, though, the Texas legislature made important changes to the Texas Family Code allowing for a “wrongful paternity” action if DNA testing establishes, at any time during the child’s life, that a previously presumed parent is not the actual parent.

Another common myth in paternity cases is that paternity laws are only used to establish a parent-child relationship between a father and child. This myth is also false because Texas has passed the Uniform Parentage Act to establish maternity as well as paternity. Although maternity is not disputed in most cases, the same laws apply to women as men. These procedures are frequently used to determine maternity in instances when children are born to same sex unions, assisted reproduction, or families who have travelled from another country.

Today, the most common method of adjudicating paternity is by Court Order. Typically, genetic tests are done after litigation has begun to determine whether the parties are parents to the child. Typically, the Court will specify a time, place, and testing agency for the parties. Genetic tests are admissible in Court if they have a probability of at least 99 percent. After paternity has been established (or denied), the Court will adjudicate conservatorship, possession and access, and child support.

If you are facing difficult issues with paternity or child support, contact an experienced family law attorney at the Wright Firm to answer your questions at www.thewrightlawyers.com  or call us at 972-353-4600.

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

 

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

 

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