​Whether or not you should move out before filing for divorce depends on your individual situation. There are pros and cons to each option and the right decision varies greatly depending on you particular situation.  For example, if you are seeking custody of your children, leaving the home without them will put you in a significant disadvantage when the actual custody proceedings begin.  However, If you're experiencing conflict or abuse in the home, moving out may be necessary for your safety and wellbeing. In such cases, you may want to seek a protective order from the court to ensure your safety. 

​On the other hand again, moving out before filing for divorce could impact your legal rights and obligations related to property division, and spousal support. If you move out and your spouse stays in the marital home for longer than a year, it could be interpreted as abandonment, which could weaken your legal position in the divorce proceedings.  It's best to consult with a qualified family law attorney to understand the implications of moving out before filing for divorce in your jurisdiction.

No fault divorce has been in place since the 1970s and is currently recognized in all fifty states. This type of filing allows couples to obtain a divorce without having to prove that adultery, abandonment, cruelty, or other legally defined causes happened during the marriage. But a new effort by the Texas Republican Party is underway to end no fault divorce in the state of Texas. This would potentially be a major shift in the way divorce is handled in this state—shifting from an arrangement where couples can file for divorce based on irreconcilable differences, to an arrangement requiring a “fault” to be found before a divorce would be granted.

The opposition to reinstating fault based divorce stems from a concern regarding how the changing of the law would impact alimony and child support payments. Opponents are also worried that with the added difficulty of having to establish fault in each divorce suit, parties and certain lawyers may be incentivized to falsify evidence and create untruthful accounts of the relationship, which would lead to a longer and more costly divorce process.

The Republican Party believes that the disadvantages of no fault divorces pale in comparison to the advantages that would come from requiring fault in court. They are hopeful that this change would allow couples to look back on their relationship and learn from their mistakes, leading to better communication, more understanding and less co-parental struggles.

From a Texas divorce attorney perspective It CAN be difficult, but by no means impossible-to prove fault grounds- provided of course, the grounds are supported by facts.  I take exception  that some opponents to the bill cite that it can be presumed that divorce lawyers will allow false evidence into the Courts.  Certainly there are some in this profession who may be dishonest, but most of the Texas bar is composed of honorable individuals who take their role as officers of the Court very seriously and would not allow falsehoods to be presented as truth- even to obtain a divorce.  On the otherhand, there is no doubt that the bill would lead to more intensively fact based cases which certainly would create more lengthy and expensive legal battles in court. But the Republican Party may see this as a positive outcome because the increased litigation cost could create a further disincentive for couples to get a divorce.

Although this proposal would potentially change the way divorces are handled in the state going forward, it’s important to note that no fault divorces still remain legal in Texas, but this proposed change would make them more difficult to obtain. 

The practice of marrying is ancient, as marriages have been found to have existed in many cultures and civilisations as far back as 4,000 BC. Early marriage was often more of a business transaction than a personal choice, with parents arranging marriages for their children in order to gain wealth or form alliances with other families.

The definition of marriage has changed over the centuries. From its earliest incarnation, marriage was seen as a way for two people, who were not necessarily in love, to join together to create a family. It was also believed to be a way of ensuring that the children had a stable home life. Over time, the emphasis changed, and marriage came to represent a union between two people who loved each other and wanted to create a family together.

In addition to the definition of marriage changing, so has its structure. In the past, it was quite common for people to marry more than once in their lifetime; with widows or widowers being expected to remarry as soon as possible. As society has progressed, this is much less common. Marriage is now seen as a lifelong commitment between two people, and divorce is seen as an accepted part of life.

Marriage continues to be a legal and social institution today, but it increasingly viewed as something that couples choose to do, rather than something that is expected of them. Marriage provides both legal and social benefits for couples, such as taxation breaks and insurance coverage. More than ever, people are looking beyond the traditional view of marriage and looking for new ways to express their commitment to each other. 

Most people known that in the United States, Divorces occur in about 50% percent of first-time marriages.  But did you know that statisics show that for subsequent wedding vows, 67% of second marriages, and 74% of third marriages end in divorce? Why do second or third marriages fail so often?

You’d think one would get ‘better’ at the whole marriage thing with more practice. And whatever happened to third time’s a charm?
With each waltz down the aisle, surely the bride and groom both think- “this time I got it right, this is the real thing, this is unshakable, this the marriage that will beat all odds..”

But even if you picked right, sadly the deck is stacked against you from the get-go.  Turns out, there are many reasons why second and third marriages fail.  If you are contemplating remarriage, be aware of these stumbling blocks.
​
Why Second and Third Marriages End in Divorce

1. Been There, Done That, and Survived
If someone has been through a divorce once, and knows they can make it through this tragic, life-altering ordeal, then maybe they're less terrified of going through it again when the you-know-what hits the fan.  The thought process might be “I’ve done it once, lived to the tell the tale, and can survive it….again.”  They may also be more inclined to run at the first sign of trouble.

So, it’s not that one gets better at marriage with every marriage, it’s that one gets better at divorce with every marriage.

2. Divorce Baggage
Having been through a wrenching emotional experience, one might be wary of fully opening their heart to a new love.
Someone may think they are over their divorce, but deep down, at the subconscious level, their wounds are still raw.
A fear of intimacy- getting too close- leaves them scared of giving their all. Vulnerability reminds them of the pain from the divorce.
Always expecting the worst, being a ‘Debbie Downer’, with doomsday around every corner is not healthy for the new relationship. A "glass-half-empty" attitude can become a self-fulfilling prophecy.

Carrying the same emotional baggage, and pain, from one relationship to another is without a doubt, poisonous. Sometimes divorcees get TOO set in their ways of independence, especially if they have been divorced for a long while. If someone's not willing to fully merge their life with yours, the marriage will be difficult to sustain.  Make sure everyone going into the new marriage is emotionally healed, healthy, and really ready for a fresh start.

3. Marrying for The Wrong Reasons
Feeling lonely, or feeling like one just can’t hack it alone, can lead to hasty decisions. Reentering into coupledom, without clearly thinking things through in a mature manner, sets a marriage up for failure. Rebounding is quite common, as the attention from another suitor can be very intoxicating. But running from one relationship to another, without giving it proper time and assessment is dangerous.
Once the infatuation wanes, the reality of the relationship may not be as rosy without those rose-colored glasses.

4. Not Enough Time Spent Getting to Know Someone
It’s important to get to know someone in ALL aspects of life before marrying them.
No one is ALWAYS the best version of themselves, and it’s important to see someone when they aren’t at their best – see how they handle stress, criticism, bad luck, tough times, rejection, and failure. How are they are resolving problems dealt to them not just by themselves, but dealt with as a couple?  Without taking the time to see the whole person – the good, the bad, and the ugly – one won’t get the chance to properly evaluate their new mate before making a major life decision.. Like marriage. This applies equally to first marriages and every marriage after.

5. Kids as the Common Glue
Perhaps the cement holding a 2nd/3rd/4th marriage together isn’t as strong. Marriage, historically and as an institution, was mainly intended as a structure for raising offspring. Since most subsequent marriages don't produce children, there is no common glue binding them together.
Couples won’t be as inclined to ‘work it out, for the children’s sake’ when things get rough. Many often sacrifice their own happiness and stay in a (first) marriage way past its expiration date. Everyone knows at least one couple who waited until the kids left off to college to divorce.
As hard as kids are to raise, and as tough as they can be on their parents, they act as a stabilizing influence in marriage.
Furthermore, without children in common, the element of family is not as fundamental. So, the desire to keep the family together is not as strong.
​
Simply put, there is less at stake in allowing a marriage to dissolve when little children hearts aren’t a factor.

6. Second Marriages come with Stepchildren. 
While children act as binding agents in first marriages (even rocky ones), stepchildren are often the dissolving agents in subsequent ones
Children from a prior marriage make subsequent marriages even more complicated. The more children the more complications.
Learning to live with other people’s children isn’t easy,
Plus, children often harbor resentment for their parent’s new spouse and will go out of their way to make things difficult. This is the "evil step-mother or father" syndrome.  Children heal from divorce at different rates, some faster and easier than others. Many fantasize about their parents getting back to together for years. They mourn the loss of their family and often aren’t welcoming to new step-parents or step-siblings. They view them as obstacles to mommy and daddy getting back together.

Furthermore, stepparents usually don't have the power to be a disciplinarian, and find themselves in the difficult position of having to bite their tongues. They often feel walked upon by their partner’s children, disrespected in their own home, with not much they can do about it.
It takes patience, time, and intense communication to make the new, blended family run smoothly.

7. The Ex-Factor
Then there are exes to cooperate with. So basically, as more and more characters join the blended family, the crazier the circus gets. Juggling these relationships can cause problems and generate animosities, further complicating the new family dynamic.

Some exes are less than thrilled to see their ex enter a new marriage—and when they hear of it, it brings to the surface unresolved emotions.
Some angry exes continue to drag their ex-spouse back to court for various (often petty) reasons long after the divorce is final, just because they can.  And these especially crop up when their spouse marries again.

Some exes may thrive on attempting to sabotage your new relationship every chance they get. These off-the-wall, ill-intended actions do cause serious emotional and financial strife in the new marriage. Even worse, they may use children as a ploy in combat against you and your new partner …yes – it’s very sad, and yes – very stressful.

8. Money Matters
Money is often an issue in first marriages but becomes even more pronounced in second/third marriages due to child support and other financial obligations. Money and resentment go hand in hand in second/subsequent marriages, and can especially feel the strain when money is tight. And issues only compound when bringing in debts you didn't help create.

In general, money matters tend to bring out a lot of ‘feeling’ in people. Maybe one spouse harbors resentment that much of their new spouse’s money is going toward child rearing expenses for children that aren’t theirs.

Many couples contemplating a second marriage don't have honest and frank discussions about these issues because they seem petty or unfair at the time, but small unresolved emotions and grow into large resentments over time which will drive a wedge between the couple.

9. Complicated Family Matters & In-Law Situations
In-laws, and extended family in general, are difficult enough. In-Law relations, family past and present, become especially challenging in subsequent marriages, particularly when both spouses bring children into the new marriage. The cast of characters would include husband’s parents, wife’s parents, husband’s ex’s parents, and wife’s ex’s parents… then throw in a few shady cousins, weird uncles, and obnoxious aunts.  Whose house do you go to for Christmas?

Then, two of these in-law couples could be divorced as well, adding yet another pair of in-laws. Like cells they just keep breaking off, replicating, and expanding. If one of the spouses in a third marriage has children from their previous two marriages, the mathematic variation of potential extended-family complications just boggles the mind. 
​
​10.  Failure to Plan Ahead
If you are contemplating re-marriage, it’s best to go in bright-eyed and but also with your eyes opened wide. Be wary of these many pitfalls and deal with any issues head on. A great way of avoiding a lot of these pitfalls is having frank discussions with you intended second or third spouse BEFORE you tie the knot.  Set common goals and make them specific.  Speak with your accountant and set up a financial plan for your new family.  A great way to gather your thoughts together and be sure you have agreements BEFORE they become problems is to develop a PRE-NUPTIAL agreement with an experienced family law attorney.

Recently passed HB 867 & 851 will put limits on the amounts individuals seeking to modify the amount of maintenance (aka "alimony") a former spouse will be able to get.

The new law, which takes effect on September 1, 2021, says that an individual "may not increase maintenance to an amount or duration that exceeds  the amount or remaining duration of the original maintenance order." (TFC 8.057(c)).  

The new law essentially makes it impossible to increase the amount of court-ordered maintenance in the future and makes it impossible to extent the period of the maintenance award.  
This is yet another example of how disfavored the concept of post-divorce payments to former spouses is in Texas.  Also, this change in the law should be carefully observed by parties who are contemplating contractual alimony and who may be considering a lesser amount in the hopes they can modify it to a higher amount in the future.  Do not believe anyone who tells you that you can always ask for more in the future.  This new law will prevent that.  What you agree to now ,in both amount and duration, will remain the most you can get through the Texas courts.

Also note that this new limitation applies regardless of whether the order was rendered before, on, or after September 1, 2021.

If you are involved in, or a thinking about, a League City divorce and you have any questions about spousal maintenance, please reach out to us. 

If you are finalizing your divorce soon, you'll want to pay attention!  HB 3772 has passed and has changed the law on final decrees of divorce in Texas. 

Starting September 1, 2021 there is an additional requirement that must be included in your final decree.  All final decrees in the State of Texas must now include the date of marriage.

Texas Family Code 6.712 states:
(a) In a suit for dissolution of a marriage in which the court grants a divorce, the court shall state the date of the marriage in the decree of divorce.

 However, this requirement is not required in the case of divorces of informal marriages ("common law marriages").  The new law provides:

(b) this section does not apply to a suit for dissolution of a marriage described by section 2.401(a)(2).

If you are experiencing a League City Divorce or need to consult with a League City attorney for any other family law related matter, feel free to reach out to us.

​-Sean

On Saturday,  July 10, 2021, the Galveston County Justice Center at 600 59th Street in Galveston, Texas experienced a small fire, which though contained to a small area, produced water damage in several Courts and other facility areas.

The latest update is that the repairs and renovations to the facility are expected to take a couple of months before the facilities are fully functional.

Beginning Monday, July 19, 2021, the District Courts and County Courts at Law will resume their court dockets.
 
The County Courts at Law will have exclusive use of the constitutional courtroom on the fourth floor to conduct daily court operations on designated days.
 
The District Courts will utilize the three unaffected courtrooms on the fourth floor on a rotating schedule.
  
All courts have agreed that criminal defendants are not required to appear in person until August 9, 2021.
 
The misdemeanor jail docket will continue to be held in the afternoons at 1:00 PM.
 
The family associate judge’s docket will resume on Monday, July 26, 2021 in the jury assembly room on the first floor of the Justice Center. 
 
The hearings for this past week and next week will be rescheduled by court coordinators.
 
All Justice Center jury trials are suspended until the week of September 27, 2021.

In this video, family law attorney Sean Palmer discusses pregnancy and divorce, and how you can get immediate temporary relief from the Court. For more information, see our handy infographic below the video!

The Palmer Law Firm
Serving the Greater Houston to Galveston areas
(832) 819-3529
thepalmerlawfirm.com
fb: @thepalmerlawfirm
t: @palmerlawfirm​

One of the most pervasive questions I get is whether a party can record conversations either in person or on the phone.  Here is a short breakdown of applicable laws and cases in Texas.

The General Rules:
No matter the form of communication, the general rule is - assuming you aren't doing it for an illegal reason (harassment, etc.) - if you are recording a communication between yourself and another person, and the other person knows you are recording it, you are probably alright in recording it.  If you are recording a conversation with another person who DOES NOT know you are recording it, you MAY (and I stress MAY) be ok to record it under certain circumstances.  BUT, if you secretly record a conversation between two other people without their knowledge, that is classic wiretapping and you most likely will get in very big trouble.
 
There are many exceptions and precautions to these general rules!

Summary of statute(s):
An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it, unless the person is doing so for the purpose of committing a criminal or tortious act. A person also can lawfully record electronic communications that are readily accessible to the general public. Tex. Penal Code Ann. § 16.02 (Vernon 2011).

In-person conversations:
The consent of at least one party to a conversation is required to record an “oral communication,” which is defined as “any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation.” Tex. Code Crim. Proc. Ann. art. 18.20. Thus, an ex-wife can record a conversation with her ex-husband at a Starbucks because she does not need consent to record conversations in public where there is no reasonable expectation of privacy.  However if she records the same conversation in the privacy of the home, where privacy is usually expected, then she should get the ex-spouses permission before recording or she may be breaking the law.

Electronic communications: 
Things can get VERY SERIOUS when recording electronic communications because Federal Wiretapping Laws may come into play.

The consent of at least one party to any telephone communication is required to record it. And because the provision of the statute dealing with wireless communications applies to “a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature,” consent likewise is required to disclose the contents of text messages sent between wireless devices. Id.  The burden will be on YOU to prove that you obtained informed consent prior to recording.  Either have the consent given verbally and plainly at the beginning of the recording and/or get it in writing.

Hidden cameras: 
It is a felony to photograph or record a person without the person’s consent in a public place “with the intent to arouse or gratify the sexual desire of any person,” or in a bathroom or private dressing room “with the intent to invade the privacy of the person, or arouse or gratify the sexual desire of any person,” and to disclose any images obtained by these means. Tex. Penal Code Ann. § 21.15.

 The law, however, does not criminalize the use of recording devices for other purposes in areas to which the public has access or there is no reasonable expectation of privacy (i.e., filming conversations on public streets or a hotel lobby). The state’s highest court for criminal cases recently held that the statutory prohibition on photographing or videotaping a person in public without that person’s consent with the intent to arouse or gratify a sexual desire did not implicate, much less violate, a defendant’s free-speech rights because the statute was not a regulation of speech or the contents of a visual image but rather a regulation of the photographer’s or videographer’s intent in creating the image. Ex parte Nyabwa, 366 S.W.3d 710 (Tex. Crim. App. 2012).

Criminal penalties:
Illegally recording an in-person conversation or electronic communication is a felony offense. Tex. Penal Code Ann. § 16.02.

Civil suits: 
Anyone whose wire, oral or electronic communication has been recorded or disclosed in violation of the law can bring a civil suit to recover $10,000 for each occurrence, actual damages in excess of $10,000, punitive damages, attorney’s fees and court costs. Under the statute, an aggrieved person also is entitled to an injunction prohibiting further unlawful interception or disclosure. Tex. Civ. Prac. & Rem. Code Ann. § 123.004.

Disclosing recordings: 
Not only can you get in serious trouble for illegally recording a communication, if you then show the illegal recordings to anyone, you may be breaking additional laws. Trying to get your attorney to listen to, watch or hold on to such illegal recordings counts.  And then if your attorney tries to use illegal recordings in court, you BOTH can be violating the law.

Disclosing the contents of a wire, oral or electronic communication obtained through illegal recording is a felony. Tex. Penal Code Ann. § 16.02

The bottom line
The bottom line is that if you plan to record conversations without informing everyone that you are recording them, then make sure you follow these guidelines:

1.  There are no circumstances when you can record a person for an illegal purpose such as to harass them or for sexual gratification.
2.  At least one party to the conversations needs to be aware they are being recorded;
3.  Do not record someone when they should reasonably expect privacy (such as in their home);
4.  If you have an illegal recording in your possession, do not try to show it to anyone.

It is best to consult with a lawyer before attempting to do any sort of fact gathering on your case. If you have any further questions about taping phone calls, recording conversations or taking videos in relation to your family law case in Texas you may schedule a consultation with an attorney on our website at  thepalmerlawfirm.com.

Domestic violence and abuse stems from a desire to gain and maintain power and control over an intimate partner. Abusive people believe they have the right to control and restrict their partners, and they may enjoy the feeling that exerting power gives them. They often believe their own feelings and needs should be the priority in their relationships, so they use abusive tactics to dismantle equality and make their partners feel less valuable and deserving of respect in the relationship.

No matter why it happens, abuse is not okay, and it’s never justified.

Abuse is a learned behavior. Sometimes people see it in their own families. Other times they learn it from friends or popular culture. However, abuse is a choice, and it’s not one that anyone has to make. Many people who experience abuse growing up decide not to use those negative and hurtful behaviors in their relationships. Additionally, drug or alcohol addiction can often escalate abuse, but these issues do not cause abuse.

Who Can Be in an Abusive Relationship?
Anyone can be abusive relationship, and anyone can be the victim of abuse. It happens regardless of gender, age, sexual orientation, race or economic background. If you are being abused by your partner, you may feel confused, afraid, angry and/or trapped. All of these emotions are normal responses to abuse. You might also blame yourself for what is happening, but you are never responsible for your partner’s abusive actions. Being abusive is a choice; it’s a strategic behavior the abusive person uses to create their desired power dynamic. Regardless of the circumstances of the relationship or the pasts of either partner, no one ever deserves to be abused.

Resources
If you need immediate help, dial 911. You may also call the National Domestic Violence Hotline at 1-800-787-3224. If you live in Harris or Galveston Counties and need help obtaining a protective order, divorce or any other family law assistance, you can get more information by calling The Palmer Law Firm at (832) 819-3529.

​The Palmer Law Firm
303 E. Main St., Suite 230
League City, Texas 77573
(832) 819-3529
thepalmerlawfirm.com
FB: @thepalmerlawfirm
twitter: @palmerlawfirm

Finding a divorce lawyer can be a daunting task. For many, divorce is their first experience with the legal system, aside from a traffic ticket or two. It can be tempting to look for a lawyer who markets himself as aggressive. Here are some reasons to think twice.

1. Aggressive does not mean effective
An aggressive attorney often makes few friends in the courthouse. The judges often have little patience for certain aggressive tactics, such as refusing to agree to a new hearing date. An effective attorney will compromise on procedural issues, realizing that a case is won or lost with arguments and facts, not tricks. You will also find that fighting over such procedural issues often does little more than waste money.

2. Aggressive attorneys have a harder time reaching settlements
You may think there is no way that you will settle with your current spouse. Statistics show otherwise; upwards of 90 percent of cases settle before trial. Settling a case is far cheaper than going to trial. Most attorneys charge a higher rate for trial hours, not to mention the extra cost due to preparation, additional hearings, and potential post-trial motions. Since an aggressive attorney will be less likely to compromise, you will have a harder time settling, running up costs that you have to pay. You may think that your spouse will ultimately have to pay your court fees, but typically, each party pays his own lawyer.

3. Aggressive attorneys are often not realistic
A good attorney will help you understand what the court is likely to consider in your case. He will explain the factors the court will consider in determining such things as child support, spousal support, visitation, and property division. In a typical divorce situation, one party will not get all the property, all the time with the children, or unending spousal support. An aggressive attorney may not give you a reasonable assessment of the likely outcome, leaving you unprepared for the final settlement or decree.

4. Aggressive attorneys make it more difficult to work with your ex in the future
Divorce cases are unlike most other court cases. In other civil or criminal matters, the parties likely never have to see one another, or work with one another, again. Unfortunately, in divorce cases, ongoing issues of child custody, visitation and debt issues often force the parties to continue to work together long after the final paperwork is signed. An aggressive attorney will encourage you to push for more instead of compromise, and it will make it more difficult to work together in the future.

The Palmer Law Firm
303 E. Main St., Suite 230
League City, Texas 77573
(832) 819-3529
thepalmerlawfirm.com
FB: @thepalmerlawfirm
twitter: @palmerlawfirm

This video is for educational or entertainment purposes only and is not intended as advertisement of services. Viewing of it does not create an attorney-client relationship. All legal matters should be discussed with a licensed attorney before you take any action. The Palmer Law Firm services the Houston-Galveston metro area of Texas only.
​
If you have any questions or comments about this video, please visit us at thepalmerlawfirm.com or leave a message below.​

In this video made last year during the first round of stimulus checks, attorney Sean Palmer discusses who will get check during the divorce. 

The Palmer Law Firm
303 E. Main St., Suite 230
League City, Texas 77573
(832) 819-3529
thepalmerlawfirm.com
FB: @thepalmerlawfirm
Twitter: @palmerlawfirm

In this video, Attorney Sean Palmer shares his top five tips for a successful negotiation of your divorce either through mediation or informal settlement.

The Palmer Law Firm
303 E. Main St., Suite 230
League City, Texas 77573
(832) 819-3529
thepalmerlawfirm.com
FB: @thepalmerlawfirm
Twitter: @palmerlawfirm

​If you have any questions or comments about this video, please visit us at thepalmerlawfirm.com.

This video is for educational or entertainment purposes only and is not intended as advertisement of services. Viewing of it does not create an attorney-client relationship. All legal matters should be discussed with a licensed attorney before you take any action. The Palmer Law Firm services the Houston-Galveston metro area of Texas only.