Contrary to popular belief, marriage isn’t dead. It’s not even dying.
The institution is probably more respected and admired than ever before — just not in a way that encourages millennials to partake in it.
You can see this in national survey data, recently released by the Centers for Disease Control and Prevention, about Americans’ views of various family arrangements.
At first glance the report suggests that Americans may indeed be less devoted to the sacrosanctity of marriage — or at least that we’ve become more tolerant of once-stigmatized non-marital sexual behaviors . In 2002, for example, slightly more than 6 in 10 Americans said they thought it was okay for a young couple to live together without being married. By 2011-2013, the period of the most recent survey, the share had jumped to more than 7 in 10.
Similarly, the report finds that Americans have gotten more accepting of women who bear and raise children out of wedlock, of unmarried 18-year-old couples who decide to have sex and of same-sex couples who adopt children.
On these and other familial and procreative arrangements, Americans have become measurably more liberal. But on one crucial measure, they have become much more conservative.
That measure is divorce.
Respondents were asked whether they agreed or disagreed with the statement that “Divorce is usually the best solution when a couple can’t seem to work out their marriage problems.” In 2002, about half of Americans disagreed. Within a decade, the share had risen to more than 60 percent. In the most recent data, younger Americans — a cohort with the lowest marriage rates on record, mind you — were especially likely to perceive divorce as an unacceptable response to marital strain.
Source: The Washington Post
Texas Rule of Civil Procedure 21c Privacy Protection for Filed Documents has had a substantial impact on family law cases.
A divorce with children could, and oftentimes will, have filings that include all of the types of sensitive data this rule addresses. Rule 21c became effective January 1, 2014, and it states:
(a) Sensitive Data Defined.
Sensitive data consists of: (1) A driver’s license number, passport number, social security number, tax identification number, or similar government issued personal identification number; (2) a bank account number, credit card number, or other financial account number; and (3) a birth date, home address, and the name of any person who was a minor when the underlying suit was filed.
(b) Filing of Documents Containing Sensitive Data Prohibited.
Unless the inclusion of sensitive data is specifically required by a statute, court rule, or administrative regulation, an electronic or paper document, except for wills and documents filed under seal, containing sensitive data may not be filed with a court unless the sensitive data is redacted.
(c) Redaction of Sensitive Data; Retention Requirement.
Sensitive data must be redacted by using the letter “X” in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted. The filing party must retain an unredacted version of the filed document during the pendency of the case and any related appellate proceedings within six months of the date the judgment is signed.
(d) Notice to Clerk.
If a document must contain sensitive data, the filing party must notify the clerk by: (1) designating the document as containing sensitive data when the document is electronically filed; or (2) if the document is not electronically filed, by including on the upper left hand side of the first page the phrase: “NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA.”
(e) Non-Conforming Documents.
The clerk may not refuse to file a document that contains sensitive data in violation of this rule. But the clerk may identify the error to be corrected and state a deadline for the party to resubmit the redacted, substituted document.
(f) Restrictions on Remote Access.
Documents that contain sensitive data in violation of this rule must not be posted on this rule. Texas Family Code Section 102.008 “Contents of Petition” subsection (a) requires that the petition and all other documents filed in all suits affecting the parent-child relationship, except suits for adoption, be entitled “In the interest of______________, a child.” Section 102.008 (b) requires that petitions include the name and birthdate of the child. If the child’s name must be in the title of all documents filed in a suit affecting the parent child relationship, and the child’s name is sensitive data, aren’t all filings going to include sensitive data? It is entirely possible that a Judge could reach that conclusion.
Many attorneys use the child’s initials in place of the child’s full name in the style of all documents filed after the original petition. However, this would not comply with a strict interpretation of Texas Family Code Section 102.008 (a). It is best that you contact the court clerk to determine if the Judge in your case has a stance on this issue and if so, how they want you to style your filings. Texas Family Code Section 105.006 (a) lists the information that must be included in a final order in a suit affecting the parent child relationship, except for terminations and adoptions. This information is as follows:
(1) the social security number and driver’s license number of each party to the suit, including the child, except that the child’s social security number or driver’s license number is not required if the child has not been assigned a social security number or driver’s license number; and
(2) each party’s current residence address, mailing address, home telephone number, name of employer, address of employment, and work telephone number, except as provided by Subsection (c). This means that in all final orders in suits affecting the parent-child relationship, other than termination and adoptions, there will be numerous types of sensitive data.
Many attorneys will redact social security numbers, and driver’s license numbers and leave only the last three to four digits in the final order. A strict interpretation of Texas Family Code Section 105.006 (a) and Texas Rule of Civil Procedure 21c (b) is that the driver’s license numbers and social security numbers are required by statute and therefore should not be redacted. Again, the best way to determine how to address this situation is by calling the court clerk to determine the court’s preference.
Emotional divorce can happen years before a legal one. An emotional divorce is when a husband, a wife, or both become convinced that they are no longer the top priority in their spouses’ lives. Long before someone seeks out a lawyer, they may have already emotionally separated from their spouse. Here is a list of the top five types of emotional divorces.
1. The “Honeymoon” Divorce
This is the type of emotional divorce that begins almost immediately after the wedding ceremony. It is a sinking “what have I done?!” feeling when all the excitement of the wedding gives way to the reality that you have just married someone who you are really not compatible with. Differences of religion, spending habits, and other value differences that didn’t seem to matter in the courtship suddenly become inescapable as you realize you will be with this person forever. Power struggles erupt soon after the honeymoon is over and you become emotionally divorced.
2. The “My Relatives Come First” Divorce
Here, the top priority for a spouse is their family and the spouse comes second. When family events come before your spouse’s needs, or when a spouse has failed to mature their childhood attachments into an adult relationship, then an emotional divorce is the result.
3. The “My Career Is More Important” Divorce
Today, most people have begun careers that they are passionate about prior to getting married. As single people, many chose to dedicate much of their personal lives to advance in their careers. However, once married, your personal life is no longer your own. If a spouse fails to adjust their priorities and continues to work late hours, and on weekends at the expense of spending time with their spouse- then their real love- work is revealed and an emotional divorce has occurred.
4. The “Baby Makes Three” Divorce
When pregnancy and birth brings a new member to the family, it is natural for some adjustment in the marriage relationship. However, some women (and some men) devote all their love and attention to the baby and save nothing for the marriage. Babies demand immediate attention but when caring for the needs of the newborn ALWAYS takes precedent over the needs of the spouse, then the child becomes a substitute for the relationship and the parents become emotionally divorced.
5. The “Great Expectations” Divorce
Some people view a potential spouse as “good husband” or “good wife” “material”. They see a life of material wealth as the main benefit of the marriage. When this expectation is the number one priority, then it is a sure bet the marriage is doomed. Inevitably, disappointments or financial set-backs will precipitate a divorce, but this type of emotional divorce happened even before the marriage. Such unions may be financially solvent, but they are emotionally bankrupt and therefore- D.O.A.
If you and your spouse have already had an emotionally divorce, it may be time to move on. If you need more information about this topic, contact the Palmer Law Firm at www.mydivorcefirm.com to schedule your free divorce consultation.
In the old days, a spouse who was suspicious that their partner was hiding assets from them would hire a private investigator in hopes of turning up information, lawyers say. But now, funds are transferred electronically and many clients never set foot in the offshore jurisdiction where they have their accounts. So today, most lawyers wait for the court to order ‘‘discovery,’’ a process in which both parties exchange information pertinent to the case, and then look for instances where assets have mysteriously disappeared.
Experts in the industry say that Americans are still hiding money offshore from litigious spouses and tax officials alike, but that it is getting harder for them to do so. In the last few years, the Obama administration and the Treasury department have erected staggering penalties for those who hide their wealth offshore, as well as many new reporting requirements.
India’s Supreme Court is considering petitions that challenge Muslim laws governing marriage on the grounds that they discriminate against women, a charged issue that risks angering the country’s orthodox Muslims. A panel headed by the chief justice that is hearing the petitions directed the government this week to release an official 2015 report that looks at the impact of some of India’s religion-specific laws on women’s rights and recommends legal reform.
Attorney Sean Y. Palmer has over 20 years of legal experience as a Texas Attorney and over 25 years as a Qualified Mediator in civil, family and CPS cases. Palmer practices exclusively in the area Family Law and handles Divorce, Child Custody, Child Support, Adoptions, and other Family Law Litigation cases. He represents clients throughout the greater Houston Galveston area, including: Clear Lake, NASA, Webster, Friendswood, Seabrook, League City, Galveston, Texas City, Dickinson, La Porte, La Marque, Clear Lake Shores, Bacliff, Kemah, Pasadena, Baytown, Deer Park, Harris County, and Galveston County, Texas.
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