 One of the most common questions I get from clients in child support cases is this: “If I remarry, can the court use my new spouse’s income to increase my child support?” The short and reassuring answer: No. At least, not unless you’re hiding income or manipulating finances—which we’ll get into. But let’s break down the law behind that answer so you know exactly how child support works in Texas and how to protect your rights. What Counts as “Net Resources” in Texas Child Support Law? Under Texas Family Code § 154.062, a parent’s child support obligation is calculated based on their net resources—not their household income. Net resources include:
✅ Your new spouse’s income ✅ Income your spouse earns from their separate property ✅ Gifts, inheritances, or third-party contributions made to your household (with some exceptions) Real Case: In the Interest of Jessica Brooks Knott (2003)A landmark case from the Texas Court of Appeals--118 S.W.3d 899—makes this crystal clear. In that case, a father named Jerry Knott had remarried and entered into a valid premarital agreement with his new wife, Jan. The trial court increased his child support obligation to $545/month—even though his own income was much lower—by including his wife’s income in the calculation. The appellate court reversed the ruling, stating it was error for the trial court to include the new spouse’s income in calculating Jerry’s child support. The court made two key points:
Are There Exceptions? Yes—but they involve bad faith actions. If the court finds that a parent is:
But in an honest, transparent situation? The law protects your new spouse’s income—and child support remains your responsibility, not theirs. What About Shared Household Expenses? Some courts have tried to argue that if your spouse pays most of the household expenses, that frees up more of your income for child support. But this approach was rejected in another case, Starck v. Nelson, where the appellate court stated that allowing the court to indirectly increase child support based on spousal contributions would be doing what the statute prohibits directly. The legislature clearly intended to keep new spouses out of child support calculations. Final Thoughts from a Texas Divorce Attorney If you're worried about how your new marriage will impact your child support—don’t be. Texas law is on your side. So long as you’re not trying to game the system, your new spouse’s income should be off-limits in court. However, every case is unique—and small mistakes can lead to big consequences in family court. If you’re paying or receiving child support and thinking about remarrying, or if you suspect the other parent is hiding income, let’s talk. I’ll help you understand your rights and options clearly and confidently. In this video, Texas divorce lawyer Sean Palmer reveals the most common mistakes people make in so-called “simple divorces.” Whether you’re filing for divorce in League City, Galveston County, La Porte, or anywhere else in Texas, you’ll want to know the hidden risks of going it alone or relying on vague agreements.
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Divorce is never easy—but if you're a teacher in Texas, it comes with an entirely different set of challenges. Long days in the classroom, emotional investment in your students, limited flexibility in your schedule, and a retirement plan (TRS) that works differently than most… all these make it critical to plan your divorce with extra care.
As a former teacher and now a family law attorney with more than 20 years of experience, I’ve helped educators protect what they’ve earned, structure parenting plans that respect the realities of the school calendar, and avoid burnout in the process. Here are a few key things Texas teachers need to consider:
If your child is graduating high school or turning 18, you may assume that your obligation to pay child support is automatically over. In many cases, that’s true—but not always. In fact, several factors under Texas law can extend or complicate the end of child support, and if you don’t take the right legal steps, support may continue being withheld from your paycheck, even when it shouldn’t be.
This article explores some of the most common issues that can arise when trying to end child support in Texas and why it’s important to understand the law before assuming your obligation is complete. 1. When Does Child Support Legally End in Texas? The Texas Family Code (the collection of laws that governs family matters in the state) generally says that child support ends when the child turns 18 or graduates from high school—whichever happens later. However, support can end earlier in situations where:
2. Wage Withholding: Why Support Might Keep Coming Out of Your Paycheck Most child support orders in Texas include something called a wage withholding order, which tells your employer to take the money directly out of your paycheck and send it to the state disbursement unit. This helps ensure timely and consistent payments. The problem? These orders do not cancel automatically when your child becomes an adult. They remain in force until someone goes back to court—or the Office of the Attorney General—to formally request that the withholding be stopped. Failing to take this step can result in your employer continuing to deduct support, and once that money is paid out, it can be very difficult to get back—even if it was paid in error. 3. Life Insurance Requirements for Support Some divorce or custody orders require a parent paying support to also maintain a life insurance policy with the child named as the beneficiary. The purpose is to make sure the child is financially protected if the paying parent dies before the obligation ends. If your order includes this requirement, simply reaching the end of child support might not release you from the obligation to keep that insurance policy. Some orders specify that the policy must remain in effect until the child reaches a certain age—or in some cases, even longer. Make sure to review the language in your original court order carefully. Ending the policy too soon could be considered a violation of the court’s orders. 4. Support for Adult Children With Disabilities One major exception to the typical end of child support involves children who have a permanent disability. If your child is unable to support themselves due to a mental or physical condition that began before they turned 18, the court can order support to continue indefinitely—even into adulthood. This type of support doesn’t stop automatically. In fact, the law allows the court to require continued payments to whichever parent or caregiver is providing for the adult child’s ongoing needs. If the child's condition improves and they are later able to support themselves, the paying parent may be able to go back to court and request a change—but again, it requires official action. 5. Why Legal Help is Often Necessary Even if your situation seems straightforward, ending child support can involve more legal red tape than you might expect. Mistakes or assumptions—like thinking support stops automatically at 18—can lead to overpayment, violation of a court order, or unnecessary conflict with the other parent or the Attorney General’s office. Depending on your case, you may also need to:
If you’re approaching the end of your child support obligation in Texas, it’s wise to review your court orders and consult with a family law attorney to determine what, if anything, must be done to legally bring that obligation to an end. Child support is a legal duty, and even when the original reasons for it have expired, official action is usually required to stop enforcement. Otherwise, you could find yourself continuing to pay for months—or even years—longer than necessary. If you're heading into a Texas divorce or child custody hearing, you’re probably feeling overwhelmed—and maybe a little unsure about what actually matters to the judge deciding your case.
You're not alone. After practicing family law in League City, La Porte, and surrounding areas for over two decades, I’ve seen countless clients obsess over things that barely register in a courtroom while ignoring the small details that really move the needle with a judge. This blog post is your cheat sheet—backed by real courtroom experience—to help you focus on what counts. ✅ What Judges Do Notice 1. Your Demeanor You may not say a word in court, but the judge is watching you. Are you composed? Do you interrupt or make faces when your ex testifies? Even your body language matters. Judges expect maturity, respect, and patience—even when the stakes are high and your ex is being less than honest. 2. Your Documentation and Preparation Think of court like show-and-tell: you need to show the judge why you’re the reliable, capable parent or spouse—not just tell them. Judges appreciate parties who come prepared with calendars, logs, financial records, and a clear, organized presentation of their case. 3. Your Willingness to Co-Parent Family court is focused on the children’s best interests. Judges want to see that you can support a healthy relationship between your children and your co-parent—even if that person has hurt or disappointed you. If you seem bitter or vindictive, it can backfire. ❌ What Judges Don’t Care About (As Much As You Think) 1. Cheating Yes, it’s painful. But Texas is a no-fault divorce state. Unless the affair directly harmed the children or wasted large amounts of community funds (e.g., paying for hotel rooms or gifts), it usually doesn’t matter much in the judge’s eyes. 2. Emotional Outbursts Family court isn't therapy. Judges want facts, timelines, and legal arguments—not long emotional speeches. If you feel yourself boiling over, pause and redirect. Vent to your lawyer or your therapist—not the judge. 3. Flashy Legal Presentations Having a great lawyer helps, of course—but courtroom "showmanship" rarely wins cases. Judges are looking for clarity, credibility, and cooperation, not drama. 🔎 Why This Matters When you focus on what judges really notice, you save time, money, and emotional energy. You build credibility. And most importantly—you increase your chances of a favorable outcome, whether that’s primary custody, a fair division of property, or a workable parenting plan.  If you're thinking about filing for divorce in Texas, there's one important rule that could delay—or even block—your case before it ever gets started: the residency requirement.
At first glance, it sounds simple. But we’ve seen many Texans confused or surprised by this rule, especially those who have just moved, travel often, or split time between multiple homes. So let’s break it down. What Does the Law Say?Under Texas Family Code Section 6.301, you—or your spouse—must meet two requirements before you can file for divorce in a Texas court:
"But I Just Moved Here…” This is one of the most common situations we encounter. Let’s say you just moved back to Texas from another state, or you’re temporarily staying here after separating from your spouse. You may not yet qualify to file—even if Texas feels like home. The law isn’t interested in your future plans; it cares about how long you’ve already been living here. The court needs proof that you’ve made Texas (and your specific county) your home—not just a stop along the way. How Do You Prove Residency? Courts don’t need your diary entries—they want tangible evidence. Things like:
What If My Spouse Is Still in Texas? Good news: If your spouse still meets the Texas residency requirements, you may be able to file even if you live in another state or country. That’s covered under a separate rule (Section 6.302), but it often comes into play for military families, international couples, or people relocating after separation. What If You Don’t Meet the Requirements Yet? Don’t panic. In many cases, the court can pause your case (called a plea in abatement) until the residency requirement is met. You don’t have to start over—but you do have to wait. That said, it’s often better to wait and file at the right time to avoid extra costs, delays, or complications. Real Talk: Why This Matters We know the start of a divorce is stressful. No one wants legal speed bumps when emotions are already high. But knowing where—and when—you can file gives you a smoother path forward. At The Palmer Law Firm, we believe that empowering people with clear information is just as important as providing legal help when it's needed. Whether you’re ready to file or just gathering info, understanding Texas residency rules puts you one step ahead. Gray Divorce Is Booming—But Not Where You Think
For decades, divorce was considered the domain of the young and restless. But recent research from Bowling Green State University reveals a surprising twist: older Americans are divorcing at higher rates than ever before—and they're changing the face of family law as we know it. This “gray divorce” phenomenon refers to divorces among people aged 50 and older. In 1990, just 8% of divorcing adults were in this age group. Fast forward to 2019, and that number has skyrocketed to 36%. In fact, nearly 1 in 10 people getting divorced in the U.S. today is 65 or older. So what’s behind this trend, and what does it mean for families and the future of marriage? A Half Century of Change According to sociologists Susan L. Brown and I-Fen Lin, the rise in gray divorce didn’t happen overnight. From 1970 to 1990, the divorce rate among older adults crept up only slightly. But between 1990 and 2010, it doubled. Since then, it has plateaued for the middle-aged (50–64), but continues to rise steadily among those 65 and older. This upward trajectory reflects two things: a growing population of older married adults and shifting attitudes about what marriage should be. In short, Americans are living longer—and they’re less willing to stay in unhappy relationships. Why Older Adults Are DivorcingThe study points to several major social shifts driving this trend:
Boomers vs. Gen X: A Generational ShiftInterestingly, the rise in gray divorce appears to be a Boomer-specific trend. Baby Boomers, who were in their 50s and early 60s in 2010, have always had higher divorce rates than other generations. Now that they’ve aged into the 65+ bracket, divorce is surging in that group too. In contrast, Gen Xers—who are now replacing Boomers in the 50–64 range—have had fewer divorces throughout their adult lives. As a result, the gray divorce rate for middle-aged adults is flattening, and may even decline in coming years. Who’s Most at Risk? The 2019 data shows that certain factors increase the likelihood of divorce after age 50:
What This Means for Families—and the Law Gray divorce brings a unique set of challenges. Divorcing later in life often means dividing retirement accounts, selling a long-time family home, or even dealing with adult children who have emotional or financial ties to their parents’ relationship. From a legal standpoint, gray divorce cases tend to be more about asset division and spousal maintenance than child custody. For attorneys, mediators, and financial advisors, the needs of older clients are complex—and growing. The Takeaway Gray divorce is reshaping the landscape of marriage and divorce in America. While it may slow down as Gen X replaces the Boomers in midlife, one thing is clear: divorce is no longer just for the young. As more older adults seek freedom and fulfillment in their later years, family law must evolve to meet them where they are.  Today is a significant milestone—my daughter turns 18. Legally, this marks the end of a long chapter defined by custody orders, court hearings, and legal battles. For 14 years, I fought to protect my time with her, to have a say in her life, and to ensure she knew she was deeply loved and wanted.
Now, in the eyes of the law, she is an adult. The custody orders that once dictated our time together are no longer in force. The court no longer holds power over when I see her or how decisions are made. However, the transition from a court-ordered parent-child relationship to one of mutual choice and respect isn't as simple as flipping a switch. As a divorce lawyer, I've guided many parents through custody battles, modifications, and enforcement actions. But today, I stand not as an attorney, but as a father experiencing the bittersweet moment of watching my child step into adulthood. And while the court's role is over, my role as her father is not. What Happens When Custody Orders End? Legally speaking, when a child turns 18:
Practical Considerations for Parents While legal obligations may shift, several considerations can support your child's transition into adulthood:
Emotional Challenges of the Transition Be prepared that when the day finally comes that your child turns 18, there may well be a tornado of emotions that will come on very suddenly. I know because I'm experiencing those emotions right now. Here are just a few:
The Road Ahead: Building an Adult Relationship The transition from custody battles to an adult relationship with your child is not automatic—it requires effort from both sides. Here are some ways to foster a strong relationship moving forward:
If you are a parent in a custody battle, the idea of your child turning 18 may seem distant. But when the day comes, it hits hard. The legal system steps out of the picture, but your emotions don't. Parenting doesn't end—it just changes. For me, today is a reminder that while I lost years I can never get back, I now have a future to build. No more orders, no more restrictions. Just a father and his daughter—free to define their relationship on their own terms. And that, despite all the struggles, is something to celebrate.  If you’ve reached a Mediated Settlement Agreement (MSA) in your Texas divorce or family law case, you might be wondering why it must still be drafted into a court order. After all, you already signed an agreement—so why does your attorney insist on taking the extra step (and charging additional fees) to get a formal order? Is this just duplication of effort, or is there a real legal reason behind it?
Let’s break it down by answering some common client questions. 1. If My MSA Is Binding, Why Do I Need a Court Order? It’s true that a properly executed MSA is binding under Texas law (Texas Family Code § 153.0071 for custody cases and § 6.602 for divorce cases). This means that neither party can back out just because they changed their mind. However, an MSA itself is not a court order—it’s simply a contract between the parties that outlines how the case should be finalized. Only a judge has the power to enter a legally enforceable order. The court order is what allows the government to enforce key provisions—such as child support, division of retirement accounts, and transfer of property—using legal mechanisms like wage garnishment, contempt, or qualified domestic relations orders (QDROs). 2. Isn’t the Court Required to Approve My MSA? Yes, in most cases. A valid MSA must be approved by the court unless there’s a very limited exception (such as a serious endangerment to a child’s well-being). However, approving an MSA and turning it into an enforceable order are two different things. The court still requires a formal order because the MSA does not contain the detailed legal language necessary for enforcement. For example: An MSA might say, “Husband keeps the house and refinances within 90 days.” A court order must include precise legal descriptions of the property, deadlines, and legal remedies if refinancing fails. Without a court order, there’s no way for law enforcement or financial institutions to carry out these terms. 3. Why Can’t We Just Submit the MSA as the Final Order? While the MSA lays out the parties’ agreement in broad strokes, a final decree of divorce or order in suit affecting the parent-child relationship (SAPCR) must be drafted with legally precise terms that comply with Texas law. For example, an MSA might state: “The parties shall share custody 50/50 according to a mutually agreed schedule.” However, Texas law requires that a possession schedule be clearly defined—meaning the final order must spell out exact days, times, exchanges, and holiday schedules so it’s enforceable. Similarly, financial provisions such as child support, retirement division, and debt allocations must include detailed legal language to be properly executed by banks, retirement plan administrators, or state enforcement agencies. 4. What Happens After the MSA Is Signed? Once the MSA is signed, the following process takes place: Step 1: Drafting the Final Order One party’s attorney (usually the one who initiated the case) will draft a proposed order incorporating the MSA’s terms using precise legal language. The draft is then sent to the other party’s attorney for review. Step 2: Entry by Agreement If both sides agree on the wording of the order, the attorneys submit the order to the judge for signature without the need for a hearing. In many cases, this is a simple and efficient process. Step 3: Entry by Hearing (If No Agreement) If the parties disagree on how the MSA should be interpreted or refuse to sign off on the proposed order, one party can schedule an “entry hearing” where the judge reviews the MSA and determines what language should be included in the final order. Step 4: Order is Signed by the Judge Once the judge signs the order, it becomes the final, enforceable decree in the case. The parties must follow its terms, and enforcement actions can be taken if anyone fails to comply. 5. Do We Have to Follow the MSA Before the Court Order is Entered? Yes. A properly executed MSA is binding upon signing, meaning both parties must act in good faith and follow its terms even before the final order is signed by the judge. For example, if the MSA states that one parent will have primary custody or that one spouse will start making payments on a joint debt, they must honor those obligations unless and until the court rules otherwise. However, because the MSA is not yet enforceable in the same way as a court order, legal disputes about compliance can arise before finalization—another reason why it’s crucial to get the order drafted and entered promptly. 6. Can Someone Try to Change the MSA Before the Court Order is Entered? No—MSAs are meant to be final. If an MSA meets legal requirements, the court must enter an order that reflects its terms and cannot change the agreement just because one party later regrets it. However, delays in drafting or entry can cause practical problems. If one party drags their feet or refuses to cooperate, the other party may need to request an entry hearing to push the case forward. Final Thoughts: Don’t Skip This Step While it may seem like extra work and cost, drafting the MSA into a court order is a necessary step in finalizing your case. Without a formal order, you risk: ✅ Difficulty enforcing the agreement ✅ Confusion over vague or missing terms ✅ Delays in closing financial accounts or dividing property ✅ The other party failing to follow through with no legal consequences If you’ve signed an MSA, the next step is ensuring that your attorney efficiently drafts and submits a final order for entry. The sooner this is done, the sooner you can move forward with clarity and legal protection. If you’re thinking about marriage or divorce, you might not realize how much the law is involved in these personal matters. A very old case from 1888, Maynard v. Hill, changed how the law views marriage and divorce in America. Even though it’s more than 100 years old, this case still affects family law today. Let’s break it down.
The Story Behind the Case David Maynard married Lydia Maynard in 1852. Not long after, he left her and moved to the Oregon Territory to start a new life. While there, David asked the local legislature to end his marriage. They agreed, and he got a divorce. He then married someone else. Years later, Lydia’s children sued, saying the divorce wasn’t legal and that they deserved some of David’s property from his second marriage. The question for the Supreme Court was simple: Could a legislature (like a local government) legally end someone’s marriage? And is marriage like any other contract that people make? What the Supreme Court Decided The Court said yes, the legislature could end the marriage, and here’s why it mattered. The justices explained that marriage isn’t just a private agreement between two people—it’s something the government has a say in. They said marriage is a public institution, meaning it’s important for society as a whole. Because of that, the government can make rules about it. Why This Case Is Important This case changed how marriage and divorce are seen under the law. Here’s why it’s still a big deal:
If you’re getting married or thinking about divorce, this case helps explain why the government is involved. When you get married, you’re entering a legal relationship that comes with rules and responsibilities. That’s why things like prenuptial agreements, child custody, and dividing property during a divorce are overseen by the courts. Lessons for Divorce Cases TodayAs a divorce lawyer, I see how this case still matters. For example:
Why You Should Care About Maynard v. Hill Maynard v. Hill isn’t just an old case—it’s the reason marriage and divorce work the way they do today. It explains why marriage isn’t just a private deal and why the courts and the government play a big role. If you’re dealing with a divorce, understanding this case can help you see the bigger picture and make informed decisions. If you have questions about your situation, don’t hesitate to reach out. Divorce can be stressful, but understanding the law can make the process a little easier.  Marriage is one of the most significant commitments a person can make. Beyond the emotional and personal connection, marriage is also a legal and financial partnership. To ensure that both parties enter this partnership with clarity and protection, many couples choose to create a prenuptial agreement. But what exactly is a prenuptial agreement, and is it something you need? Let’s explore the basics of prenuptial agreements, their benefits, and the circumstances in which they might be particularly beneficial. What Is a Prenuptial Agreement?A prenuptial agreement, often referred to as a “prenup,” is a legally binding contract entered into by a couple before they get married. This document outlines how the couple’s assets, debts, and financial responsibilities will be managed during the marriage and divided in the event of a divorce or death. Prenups can cover a wide range of issues, including:
Common Misconceptions About Prenuptial Agreements Prenuptial agreements are often misunderstood as tools for the wealthy or as signs of mistrust between partners. However, they can benefit couples of all income levels and serve as a proactive way to protect both parties, rather than an indication of doubt or pessimism about the marriage’s future. Do I Need a Prenuptial Agreement? While not every couple may need a prenuptial agreement, certain circumstances make it a wise choice. Below are several scenarios in which a prenup can provide essential protections: 1. One or Both Partners Have Significant Assets If you or your partner has substantial assets, a prenuptial agreement can help protect those assets in the event of a divorce. This is particularly important if the assets were acquired before the marriage, as a prenup can classify them as separate property, shielding them from division. 2. One Partner Has Significant Debt Marrying someone with significant debt can pose financial risks. A prenup can outline who will be responsible for existing and future debts, ensuring that one partner’s financial obligations do not unfairly burden the other. 3. You Own a Business If you own a business or have an ownership interest in one, a prenup can safeguard your business’s assets and future growth. It can also ensure that your spouse does not become an unintentional co-owner in the event of a divorce. 4. You Have Children from a Previous Relationship A prenuptial agreement can help ensure that your children from a previous relationship inherit specific assets or financial benefits. This is especially important in blended families, where financial expectations may differ. 5. One Partner Plans to Be a Stay-at-Home Parent If one partner plans to leave their career to care for children or manage the household, a prenup can outline financial support or compensation for that partner in case of divorce. This ensures that the stay-at-home parent’s contributions are recognized and valued. 6. You Expect a Large Inheritance If you or your partner anticipate receiving a significant inheritance, a prenup can protect those funds and ensure they remain separate property. 7. You Want to Avoid Lengthy Litigation Divorce proceedings can be lengthy, emotionally taxing, and expensive. A prenup can streamline the process by providing a clear plan for property division and spousal support, reducing the potential for conflict. Benefits of a Prenuptial Agreement Prenuptial agreements offer a variety of advantages, including: 1. Clarity and CommunicationDrafting a prenup encourages open and honest discussions about finances, expectations, and future goals. This process can strengthen your relationship by fostering trust and mutual understanding. 2. Asset ProtectionA prenup protects individual assets, ensuring that property acquired before the marriage remains separate. This is especially beneficial for individuals with family heirlooms, real estate, or retirement accounts. 3. Debt ManagementBy addressing debt responsibilities in advance, a prenup can prevent one partner from being unfairly burdened by the other’s financial obligations. 4. Reduced Conflict in DivorceHaving a clear plan for asset division and spousal support reduces the likelihood of contentious disputes during a divorce, saving time, money, and emotional energy. 5. Protecting Family InterestsFor individuals with children from previous relationships, a prenup can ensure that specific assets are preserved for their benefit, honoring your financial commitments to your family. 6. Customized Financial ArrangementsPrenups allow couples to create tailored financial arrangements that work best for their unique circumstances, rather than relying on default state laws. How to Create a Prenuptial Agreement Creating a valid and enforceable prenuptial agreement requires careful planning and adherence to legal requirements. Here are the steps involved: 1. Hire Experienced Attorneys Both parties should have their own legal representation to ensure that the agreement is fair and that each party’s rights are protected. 2. Provide Full Financial Disclosure Each partner must provide a complete and accurate account of their assets, debts, income, and financial obligations. Failure to disclose this information can render the prenup unenforceable. 3. Draft the Agreement Work with your attorneys to draft an agreement that addresses your specific needs and circumstances. The agreement should comply with Texas law and include clear, concise language. 4. Review and Negotiate Both parties should carefully review the draft and negotiate any changes to ensure mutual satisfaction. This process requires open communication and a willingness to compromise. 5. Sign the Agreement Well in Advance To avoid claims of coercion or duress, the prenup should be signed well before the wedding date. Last-minute agreements can raise questions about validity. 6. Update the Agreement as Needed If your financial circumstances change significantly during the marriage, you may need to update your agreement. Consider creating a postnuptial agreement if necessary. Limitations of Prenuptial Agreements While prenups offer many benefits, they do have limitations. For example, they cannot determine child custody or child support arrangements, as these issues are decided based on the child’s best interests. Additionally, prenups must comply with state laws and cannot include provisions that are deemed unconscionable or illegal. Conclusion: Is a Prenup Right for You? Deciding whether to create a prenuptial agreement is a personal choice that depends on your unique circumstances. If you have significant assets, own a business, or want to protect your children’s inheritance, a prenup can provide invaluable peace of mind. Even if your financial situation is straightforward, a prenup can still foster transparency and trust in your relationship.  When a couple decides to separate during a divorce or custody proceeding, one party may need to leave the marital home under temporary orders. While this can be a challenging and emotional process, it's important to think practically and ensure that the departing spouse can set up a new home without the financial strain of buying all new household items. Temporary orders are not a final division of property, so it’s essential to approach the situation with a plan. Here are some suggestions on what to request for exclusive temporary use and how to prepare for the move.
1. Understanding Temporary Orders vs. Final Property Division Before diving into the details, it's crucial to understand that temporary orders are intended to maintain the status quo and provide stability during the legal process. These orders typically address issues like temporary possession of the marital home, custody of children, and use of specific property. However, temporary orders are not a final division of property, meaning that any items taken under temporary orders will still be considered during the final property division process. With that in mind, here are key items to consider requesting. 2. Essential Household Items to Request for Temporary Exclusive Use Setting up a new living space requires some basic household items. The goal is to ensure that the departing spouse can comfortably set up a new household without having to purchase many new things. Below are some essential items to request: A. Furniture Bedroom Furniture: Request at least one bed, including the mattress, box spring, bed frame, pillows, and bedding. If there are children who will be staying with you, ensure you have beds for them as well. Living Room Furniture: A sofa, chair, or small seating arrangement is essential. Consider also requesting a coffee table and any side tables. Dining Furniture: A small dining table and chairs, even if it's just a small two-person set, can make a significant difference. This will allow you to eat meals comfortably and create a sense of normalcy in your new living space. B. Kitchen Essentials Cooking Equipment: Pots, pans, and basic cooking utensils such as spatulas, knives, and stirring spoons. Dishes and Silverware: Make sure to request enough plates, bowls, cups, glasses, forks, spoons, and knives for yourself and any children. Appliances: If there are small appliances like a microwave, coffee maker, or toaster, request one of each to avoid purchasing new ones. Storage Containers and Trash Cans: These are often overlooked but essential for keeping a household organized. C. Linens and Laundry Supplies Towels: Request an appropriate number of bath towels, hand towels, and washcloths for yourself and any children. Bed Linens: In addition to bedding for the requested beds, consider taking extra sets of sheets and pillowcases. Laundry Supplies: A laundry basket or hamper, detergent, and an iron if needed. D. Personal Care Items Toiletries: While it may seem straightforward, make sure to take shampoo, conditioner, soap, toothpaste, and other personal hygiene products. First Aid Supplies and Medications: Request access to any essential first aid supplies or over-the-counter medications, as well as any prescription medications that belong to you. 3. Less Obvious Items to Request Certain items may not immediately come to mind, but can significantly ease the transition: A. Documents and Records Important Documents: Request copies of essential documents like birth certificates, social security cards, passports, insurance information, and school records for yourself and any children. Financial Records: Consider requesting copies of bank statements, tax returns, loan documents, and any other financial records. B. Tools and Repair Equipment Basic Tools: A toolbox with essentials like a hammer, screwdriver set, measuring tape, and pliers can be very useful in setting up your new space. Repair Equipment: Items like light bulbs, batteries, duct tape, and extension cords are easy to forget but often needed. C. Cleaning Supplies Basic Cleaning Supplies: Request a broom, mop, vacuum cleaner, and basic cleaning agents like all-purpose cleaner, glass cleaner, and dish soap. Trash Bags and Paper Towels: These are always necessary and often forgotten. D. Electronics and Entertainment Television or Streaming Device: If there are multiple TVs in the household, request one for your temporary residence. Computer or Tablet: If you need a device for work or communication, make sure to ask for one you regularly use. Chargers and Accessories: Don't forget to take chargers for your electronic devices, as well as any essential accessories like headphones. E. Children's Items Toys and Comfort Items: Make sure to request toys, books, stuffed animals, or other comfort items that the children use regularly. School Supplies: If the children will be spending time with you, make sure to have enough school supplies to complete their homework. Clothing and Shoes: Request sufficient clothing for the children, including casual wear, school uniforms if applicable, outerwear, and shoes. 4. Tips for Preparing to Move Out Under Temporary Orders A. Take an Inventory Photographic Inventory: Before you leave the house, take photographs of the items you are taking with you and those that are being left behind. This documentation can help prevent disputes later on about what was taken and what remains. Written Inventory: In addition to photos, make a list of the items you are taking, noting their condition and any distinguishing features. This will be helpful during the final property division. B. Plan Ahead for the Move Arrange for Movers or Transportation: Depending on the volume of items, you may need to hire movers or rent a vehicle to transport your belongings. Label Boxes Clearly: Labeling boxes with the contents and the room they belong to can help make the unpacking process much smoother. Consider Temporary Storage: If you're unsure about the space in your new place or need more time to sort through items, consider renting a storage unit. C. Communicate with the Other Party Provide Notice: Let the other party or their attorney know which items you intend to take, and be willing to discuss any disagreements. Request Permission for Any Major Items: If there are larger, high-value items you want to take, consider requesting temporary exclusive use through the court, as these items may be contested. 5. Consulting with an Experienced Family Law Attorney While the above guidelines can help prepare you for leaving the marital home under temporary orders, consulting with a knowledgeable family law attorney is crucial. An attorney can provide specific advice tailored to your situation, help you negotiate with the other party, and ensure that your rights are protected throughout the process. They can also assist in drafting the temporary orders to request exclusive use of particular items, preventing disputes and misunderstandings later on. Leaving the marital home is never easy, but with careful planning and the right legal guidance, it is possible to set up a new home comfortably and smoothly. Remember, the goal is to ensure stability during this transitional period, not to achieve a final division of property. Therefore, requesting essential items for temporary use can help you move forward without incurring unnecessary expenses.  When it comes to divorce, dividing assets and debts can get complicated. But what happens if you don't pay up? Can you actually go to jail for not making payments ordered by the court? The case of Randy Mark Sykes v. Leslie Karen Sykes helps to clarify this question in Texas law.
The Case Breakdown In this case, Randy Mark Sykes (Mark) and Leslie Karen Sykes (Karen) were going through a divorce. They couldn't agree on how to divide their marital estate, so they took it to court. The trial court sided with Karen, ordering Mark to pay off a $31,701 debt related to Karen's retirement account in monthly installments. The court decree stated that if Mark failed to make these payments, he could be held in contempt and face jail time. Mark wasn't happy with this decision. He argued that making the debt repayment enforceable by contempt violated the Texas Constitution, which clearly states that "no person shall ever be imprisoned for debt." Mark took his case to the Court of Appeals, hoping for a different outcome. The Constitutional Question The crux of the matter was whether the trial court could enforce the debt repayment by contempt. In simpler terms, could Mark be thrown in jail for not paying this specific debt? The Texas Constitution is very clear on this issue: you cannot be imprisoned for failing to pay a debt. This protection is rooted in Article I, Section 18 of the Texas Constitution. The idea is to prevent debtors' prisons, a practice where people were jailed indefinitely until their debts were paid off. What the Court Decided The Court of Appeals reviewed the case and agreed with Mark. They determined that the trial court's decree violated the Texas Constitution. The provision stating that Mark could be held in contempt for not paying the retirement account debt was struck down. The court modified the decree to state that Mark had to pay the debt, but he couldn't be imprisoned for failing to do so. Why This Case Matters This ruling is significant for several reasons:
Practical Implications For the general public, especially those navigating a divorce, this case offers important insights:
The case of Randy Mark Sykes v. Leslie Karen Sykes is a crucial reminder of the protections afforded by the Texas Constitution. It underscores the importance of fair and just legal processes, especially in emotionally charged situations like divorce. For anyone dealing with similar issues, it's a beacon of hope that while debts must be paid, the law recognizes the importance of humane and just treatment for all individuals.  As a Texas divorce lawyer, I've seen many clients struggle with how to divide their assets fairly while ensuring their financial future remains secure. One of the biggest challenges to coming up with a fair resolution is the liquidity of assets. When there is an asset that cannot be easily reduced to cash, through sale such as a closely held business or certain real estate, it can be hard to divide the asset in a divorce. If there are insufficient funds to "buy out" the other party, then a structured settlement with payments over time may be the best solution. In those instances, parties need to be careful to consider the terms of such a structured payout.
Here are my top five tips to help you navigate this challenging aspect of divorce negotiations. 1. Understand the Value of All Assets Before you can negotiate a fair payout, it's crucial to understand the true value of all community assets. This includes real estate, investments, retirement accounts, and personal property. Hire a professional appraiser if necessary to ensure accurate valuations. Example: Suppose you're dividing a marital home valued at $500,000 and investment accounts worth $200,000. An appraisal might reveal that the home needs $50,000 in repairs, effectively reducing its market value. Similarly, an investment account's value might fluctuate based on market conditions, so ensure you have up-to-date valuations before negotiations. 2. Consider the Tax Implications Different assets have different tax implications, which can significantly impact the overall value of the settlement. It's essential to factor in these considerations to avoid unpleasant surprises down the road. Example: If one spouse is keeping the family home and the other is receiving a retirement account of equal value, remember that the retirement account may be subject to taxes and penalties upon withdrawal. This means the actual value received could be significantly less than the nominal value. Consulting with a tax professional can help you understand these implications and negotiate accordingly. 3. Include Interest in Long-Term Payouts When agreeing to long-term payouts, it’s vital to include interest to keep up with the cost of living. Inflation can erode the value of money over time, and without interest, the deal can lose its value. Example: If you're awarded a structured payout of $200,000 over ten years, ensure that interest is included to account for inflation. At a 3% annual interest rate, the payments will not only cover the principal amount but also compensate for the increase in the cost of living, ensuring you receive fair value over time. 4. Set Clear Terms and Conditions Clarity is key when it comes to structured payouts. Set clear terms and conditions to avoid disputes and ensure smooth execution. This includes the payment schedule, method of payment, and consequences of late or missed payments. Example: In your settlement agreement, specify that $2,000 will be paid monthly via direct deposit by the 5th of each month. Include a clause that outlines a penalty for late payments, such as an additional 5% of the monthly amount. This clarity helps both parties understand their obligations and reduces the likelihood of conflict. 5. Plan for Contingencies Life is unpredictable, and circumstances can change. It's important to plan for contingencies in your structured payout agreement. This could include what happens in case of job loss, disability, or other significant life events. Example: If the paying spouse loses their job, the agreement might stipulate a temporary reduction in payments, with the unpaid amount added to future payments once they secure new employment. Alternatively, you could include a provision for the payout to be backed by a life insurance policy, ensuring payments continue in case of the payer's untimely death. Putting It All Together Let's consider a hypothetical scenario to illustrate these tips in action. Jane and John are getting divorced after 20 years of marriage. They have accumulated several community assets, including a home worth $400,000, retirement accounts totaling $300,000, and various personal property valued at $100,000.
Generally, the goal of a divorce is to have your former spouse out of your life. Avoiding any long term financial entanglements that could complicate your future life is usually the best option. But sometimes the marital estate cannot be fairly divided without one spouse making payments to the other over a period of time and a payout plan must be developed. Negotiating a structured payout of community assets in a divorce requires careful planning and attention to detail. By understanding the value of all assets, considering tax implications, including interest in long-term payouts, setting clear terms and conditions, and planning for contingencies, you can ensure a fair and secure financial future for both parties. Always consult with legal and financial professionals to tailor these tips to your specific situation and to navigate the complexities of divorce negotiations effectively.  Divorce mediation can be a complex and emotionally charged process. As an experienced family law mediator and litigator, I have seen firsthand how different approaches can significantly impact the outcomes for both parties. Two prominent techniques in divorce mediation are catharsis and directive persuasion. Understanding and utilizing these methods effectively can facilitate a more amicable resolution and promote long-term healing.
Catharsis in Divorce Mediation Catharsis, derived from the Greek word for "cleansing" or "purging," involves the process of releasing strong or repressed emotions. In the context of divorce mediation, catharsis can help individuals express their feelings, which may have been bottled up during the marriage and the separation process. This emotional release can be crucial for healing and moving forward.
The Role of the Mediator in Facilitating Catharsis A skilled mediator knows how to create a safe and supportive environment where parties feel comfortable expressing their emotions. This involves active listening, empathy, and validation. The mediator should be patient and non-judgmental, giving each party the space and time they need to articulate their feelings. Directive Persuasion in Divorce Mediation Directive persuasion is a more structured approach where the mediator takes an active role in guiding the parties toward a resolution. This method involves providing information, suggesting solutions, and sometimes even making recommendations. Directive persuasion can be particularly effective when parties are stuck or unable to make progress on their own.
Balancing Catharsis and Directive Persuasion The most effective mediators balance catharsis and directive persuasion, tailoring their approach to the specific needs of the parties. This balance ensures that emotional needs are met while also making tangible progress toward a resolution. Example: A Combined Approach In a particularly contentious mediation, David and Laura are not only dealing with asset division but also deep emotional wounds. The mediator allows time for cathartic expression, letting David vent his frustrations about perceived injustices during the marriage. Once the emotional tension decreases, the mediator shifts to a more directive approach, suggesting a detailed financial plan for asset division and future financial stability. This combination helps David and Laura address their emotional and practical needs. The Benefits of Catharsis in Divorce Mediation
The Benefits of Directive Persuasion in Divorce Mediation
Challenges and Considerations While both catharsis and directive persuasion have their benefits, they also come with challenges. Excessive focus on catharsis can prolong mediation and may sometimes escalate emotions. On the other hand, too much directive persuasion can make parties feel pressured or controlled, potentially undermining their sense of autonomy.
Best Practices for Mediators
Divorce mediation is a delicate balance of addressing emotional needs and facilitating practical resolutions. By skillfully integrating catharsis and directive persuasion, mediators can help parties navigate the complexities of divorce with greater understanding and cooperation. As an experienced mediator, I have witnessed the transformative power of these approaches, not only in reaching amicable settlements but also in promoting long-term emotional healing and stability. Whether you are a mediator, attorney, or party in a divorce, understanding these techniques can lead to more effective and compassionate outcomes.  The 2024 hurricane season has already demonstrated its severity with storms like Beryl, which left thousands in the Houston metro area without power for an extended period. This is a stark reminder of the challenges that natural disasters pose, especially for parents who share custody of their children. Ensuring that child possession arrangements prioritize the child's best interest is crucial during such times.
The Impact of Recent Storms The recent storms, including Beryl, have highlighted the importance of being prepared for prolonged power outages and other disruptions. Many families in the Houston and Galveston areas have been reassessing their emergency plans, stocking up on supplies, and ensuring that their homes are ready for the next storm. However, it's equally important for parents who share custody to revisit their parenting plans to address potential natural disasters. Reassessing Your Parenting Plan If your parenting plan already includes provisions for natural disasters, now is a good time to review and update them to ensure they still meet your family's needs. If your plan does not include such provisions, it may be wise to consult with an experienced child custody attorney to discuss amending your plan. Emergency Parenting Plan Provisions Natural disasters can significantly impact your relationship with your children. Hurricanes and tropical storms can make it unsafe to transport a child to their other parent or necessitate evacuation. Parenting plans can include provisions that address these situations, detailing the actions co-parents should take during a disaster. For example, a provision might allow the parent currently with the child to deviate from the standard parenting schedule to ensure the child's safety, whether that means evacuation or sheltering in place. Flexibility with Possession Schedules For Children's Health During power outages, especially in the brutal Texas summer heat, it's vital for parents to exhibit flexibility with possession schedules based on which parent has electricity. Undeniably, life is miserable for anyone living without air conditioning or refrigeration in the middle of record breaking heat currently in the Houston area. But children suffer the most because their smaller bodies cannot regulate heat as well as adults can. Extreme heat can lead to heatstroke and other severe health issues much more quickly for children. In fact, health experts report that children represent almost half of all reported heat related illnesses. Parents living apart and under child possession orders need to take practical steps for the best interest of the child in emergency situations, even if it is not strictly in the court order. Co-parents should agree to allow children to stay in the home of the parent who has electrical power with air conditioning, even during periods not court ordered. The parents can agree to provide "make-up time" (additional periods of possession) to the non-powered parent when they regain electrical service. This practical approach helps ensure the child's well-being and maintains a fair custody arrangement. Most possession orders provide a clause that allows parents to deviate from the possession order if it is mutually agreed. Parents should reduce such agreements to writing so expectations are clear, and to avoid any confusion or accusations. Communication During Emergencies In addition to specific emergency provisions, it’s important for parents to include steps for maintaining communication during emergencies. Even if these steps aren’t outlined in your parenting plan, regular communication with your child’s other parent is essential to ensure everyone is informed and on the same page. This may not be easy, but it is critical for the benefit of your child, especially during an emergency. Legal Advice and Support Ensuring your child's safety should be your primary concern, especially during a natural disaster. Coordinating with your co-parent and informing them of your plans is crucial. Once the immediate threat has passed, consider seeking legal advice to address any deficiencies in your parenting plan related to disaster planning. The recent storms in Houston area have underscored the need for thorough and flexible parenting plans that prioritize the child's best interest during emergencies. By revisiting and potentially amending your parenting plan, you can ensure that you are prepared for any future natural disasters, keeping your children safe and your custody arrangements clear and manageable.  Navigating the complexities of family law can be daunting, especially when immediate legal protection is needed. Temporary Restraining Orders (TROs) serve as a critical tool in preserving the status quo and ensuring safety and fairness during legal proceedings. Authorized by the Texas Family Code Sections 6.501 and 105.001, TROs are pivotal in family-law cases involving divorce, annulment, or parent-child relationships (SAPCR).
What is a TRO? A Temporary Restraining Order (TRO) is a short-term court order issued to prevent a party from taking specific actions that might harm another party or disrupt the legal process. For instance, a TRO can restrain someone from making harassing phone calls or taking actions that could jeopardize property or safety. Legal Basis for TROs The authority to issue TROs in family law cases stems from:
Applications of TROs TROs in family law are versatile and can be sought for various reasons, including:
Ex Parte TROs One of the unique aspects of TROs under the Texas Family Code is that they can be granted ex parte, meaning without prior notice to the other party or a hearing. This immediate action is crucial when there is a threat of harm or urgent need to maintain the status quo. TROs issued in this manner are effective for up to 14 days unless extended by the court. Key Differences from Civil Procedure TROsWhile TROs under the Texas Rules of Civil Procedure also aim to prevent harm, those under the Family Code do not always require the court to find that immediate and irreparable injury will occur before a notice can be served and a hearing can be held. An exception exists when a TRO seeks to exclude a parent from possessing or accessing a child, in which case the court must find evidence of irreparable injury. Case Law Supporting TROs Two significant cases illustrate the use and importance of TROs in Texas:
 Divorce can be a tough process, but did you know that you might be able to bring certain tort claims alongside your divorce suit in Texas? The Texas Family Code and common law provide a range of tort claims that can address various wrongful acts. Here are some examples of torts that can be brought in a divorce case, along with hypothetical scenarios to help illustrate how they might come into play.
Invasion of Privacy Imagine Jane discovers that her husband, John, has been secretly recording her private conversations without her consent. This could be considered an invasion of privacy. In Texas, this tort can be brought forward in a divorce case if one spouse's privacy is violated. Physical Abuse Let's say Sarah files for divorce because her husband, Mike, has been physically abusive. Physical beatings and abuse are serious issues, and victims can seek justice through a tort claim in their divorce case. This not only addresses the abuse but also helps protect the victim's rights and well-being. Transmission of a Venereal Disease Consider a situation where Lisa learns she contracted a sexually transmitted disease from her husband, Tom, who was unfaithful during their marriage. Lisa can bring a tort claim for the transmission of a venereal disease as part of her divorce proceedings. Fraud on the Community/Waste Imagine Mark discovers that his wife, Emily, has been secretly spending large sums of their community money on personal luxuries, depleting their joint assets. This is considered fraud on the community or waste. Mark can seek reimbursement for the unjust depletion of their community estate through a tort claim. Interference with Child Custody Suppose David's wife, Laura, consistently prevents him from seeing their children, violating their custody arrangement. David can bring a tort claim for interference with child custody or possession, seeking legal recourse to enforce his parental rights. Conversion of Separate Property Picture Alex finds out that his spouse, Jordan, has sold his separately owned car without his permission and kept the money. This is conversion of separate property. Alex can bring a tort claim to recover the value of his sold property. Intentional Infliction of Emotional DistressIf Maria's husband, Sam, engages in extreme and outrageous conduct that causes her severe emotional distress—like threatening her life or publicly humiliating her—Maria can bring a tort claim for intentional infliction of emotional distress. Remedies for Fraud on the Community Fraud on the community isn’t an independent tort but is addressed within the Texas Family Code. When one spouse fraudulently depletes the community estate, the court can calculate the amount lost and reconstitute the estate. Remedies may include a disproportionate share of the remaining community property or a money judgment. Pursuing Separate Tort Claims When seeking separate tort claims, it’s essential to avoid double recovery. For example, if you bring a tort claim for intentional infliction of emotional distress, you might receive a disproportionate share of the community estate or a monetary award, but not both for the same wrongful act. Additionally, egregious behavior might warrant punitive damages, so consider this when deciding on the type of claim to pursue. The Impact of Res Judicata Res judicata means you can’t relitigate claims that were or should have been raised in the initial lawsuit. If you allege cruel treatment to seek a larger share of the estate, make sure to include all related tort claims. Failure to do so may prevent you from bringing those claims later. Navigating the intersection of torts and divorce can be complex. Whether it's invasion of privacy, physical abuse, fraud on the community, or other wrongful acts, understanding your rights and potential claims is crucial. Always consult with a knowledgeable attorney to explore your options and ensure you receive the justice you deserve.  In May 2024, the Pennsylvania General Assembly made a significant move in the realm of family law by unanimously passing House Bill 917, which adopts the Uniform Family Law Arbitration Act (UFLAA). With Pennsylvania’s adoption, it joins six other jurisdictions in the United States that have embraced this act. Meanwhile, Kansas legislators are considering similar measures with the introduction of House Bill 2017. As more states recognize the potential benefits of the UFLAA, the prospect of its adoption in Texas raises intriguing questions about the future of family law in the Lone Star State.
What is the Uniform Family Law Arbitration Act (UFLAA)?The UFLAA is a model law created by the Uniform Law Commission (ULC) aimed at providing a consistent legal framework for the arbitration of family law disputes. Arbitration, a form of alternative dispute resolution, involves a neutral third party who renders a decision after hearing both sides. Unlike mediation, which is a facilitated negotiation process, arbitration results in a binding decision. The UFLAA seeks to address several key aspects of family law arbitration:
Prospects of UFLAA Adoption in TexasTexas, known for its independent legal framework and emphasis on local governance, has traditionally been cautious in adopting uniform laws. However, the potential benefits of the UFLAA could make a compelling case for its consideration. Current Family Law Landscape in TexasTexas family law is governed by a complex set of statutes and case law that cover marriage dissolution, child custody, property division, and support obligations. The state has a well-established system for handling these matters through its family courts. However, like many jurisdictions, Texas faces challenges such as court congestion, lengthy litigation processes, and the emotional toll of adversarial proceedings on families. Arbitration in Texas is currently governed by the Texas Arbitration Act, which applies broadly to various types of disputes but lacks specific provisions tailored to family law. While parties can agree to arbitrate family law matters, the absence of a dedicated framework like the UFLAA means that procedural uncertainties and inconsistencies can arise. Potential Benefits for Texas
Challenges and Considerations
Steps Forward
The UFLAA represents a promising step forward in the evolution of family law, offering a framework that balances efficiency, flexibility, and fairness. As Texas deliberates on this important issue, the potential for positive change is substantial, providing hope for a more responsive and compassionate family law system  Relocation and custody issues can be complex and emotional aspects of a post-divorce scenario, especially when it involves moving with children to a different geographical location. This article aims to provide a comprehensive overview of the legal landscape surrounding relocation and custody in Texas, helping divorced parents understand their rights and responsibilities.
Understanding Texas Custody Agreements In Texas, custody agreements are generally detailed in what is legally termed as a "conservatorship." This term is synonymous with "custody" used in other states. Texas law recognizes two types of conservatorship:
Legal Framework for Relocation When it comes to relocation, Texas law requires a parent with custody (a conservator) to have a geographical restriction put into place unless both parents agree otherwise. This restriction typically limits the child's primary residence to a specific area, often the current county of residence and possibly adjacent counties. This clause aims to ensure that both parents maintain frequent and ongoing contact with their children. Seeking Permission to Relocate If a custodial parent wishes to relocate outside of the geographical area defined in the custody order, they must typically seek either:
Factors Considered by the Court When deciding on a petition for relocation, Texas courts will consider several factors, including: The reason for the proposed move: Relocation for a significant job opportunity or for remarriage might be viewed more favorably than a desire to move without clear benefits. The relationship between the child and both parents: A strong, active involvement by the non-custodial parent might make it harder to approve a relocation. The impact on the child: This includes considering the child's age, community ties, relationships with other family members, and how the move might affect their emotional and physical needs. Enhanced quality of life: If relocating will improve the quality of life for the child and the custodial parent, the court may consider this in their decision. Steps for Filing a Relocation Petition
Post-Judgment Modifications If a relocation is approved, the custody order will be modified accordingly. This may involve new provisions for visitation and communication between the child and the non-custodial parent, such as:
Conclusion Relocation with children post-divorce in Texas involves a careful balancing of the child’s best interests, the rights of the custodial parent to seek a better life, and the preservation of the child’s relationship with the non-custodial parent. It is advisable for parents considering relocation to consult with a legal professional who can provide guidance based on the specifics of their case and ensure compliance with Texas law. This legal guidance is crucial for navigating the complexities of relocation petitions and modifications to custody arrangements.  When couples go through a divorce in Texas, one of the complex issues that can arise involves the disposition of frozen embryos created through In Vitro Fertilization (IVF). This topic has become increasingly relevant with the advancements in Assisted Reproductive Technology (ART), where IVF is the most common method used.
IVF involves combining eggs and sperm outside the body in a lab setting. If more embryos are created than are used in pregnancy attempts, these embryos are often frozen for future use. When couples who have stored embryos decide to divorce, deciding what happens to these embryos can be emotionally charged and legally complex. Texas courts, like those in many states, face challenging decisions because there is no uniform law that dictates how to handle these embryos. Therefore, courts have to consider the agreements couples may have made before their embryos were frozen, alongside current laws and ethical considerations about the potential for life those embryos represent. Approaches to Embryo Disposition There are three primary approaches courts may use when deciding the fate of frozen embryos: Contractual Approach: This is the most common initial method where courts look at any agreements the couple made about their embryos before they were frozen. These agreements can be part of consent forms signed at the IVF clinic which detail what should happen in the event of death, divorce, or other circumstances. If such an agreement exists and is clear, courts typically uphold these agreements unless they violate public policy. Balancing Approach: If no prior agreement exists, or if the existing agreement is unclear or unenforceable, courts may use a balancing approach. Here, they weigh each person's reasons for wanting to use or not use the embryos. Factors considered might include the possibility of each person to have children biologically or through other means, the intentions behind undergoing IVF, and any potential emotional or logistical impacts. Contemporaneous Mutual Consent: Under this less common approach, both parties must agree to the disposition of the embryos at the time of the divorce, regardless of any previous agreement. If one party changes their mind, the embryos remain frozen until a mutual decision is made. Texas Law and Embryo Disposition While Texas does not have specific laws that address the disposition of frozen embryos in a divorce directly, the state does follow general principles that could apply: • Contract Enforcement: Texas courts generally enforce contracts unless they are against public policy. This includes agreements made about the disposition of embryos. • Respecting Intentions: Where possible, Texas courts try to respect the original intentions and agreements made by the couple at the time the embryos were created. In Texas, the disposition of frozen embryos during a divorce has been directly addressed in the landmark case, Roman v. Roman, which illustrates the application of the contractual approach in such disputes. This case is a prime example of how Texas courts handle conflicts over frozen embryos when there is a prior agreement between the parties. Case Background: Roman v. Roman In Roman v. Roman, the Texas Supreme Court dealt with a dispute over frozen embryos following a divorce. The couple had undergone IVF and created several embryos, which were then frozen. Before starting the IVF treatment, the couple had signed an agreement with the fertility clinic. This agreement specified that in the event of a divorce, the embryos would be discarded. Court's Decision and Rationale After the couple filed for divorce, one party wanted to preserve the embryos while the other sought to enforce the agreement to discard them. The case eventually reached the Texas Supreme Court, which had to decide whether to honor the agreement made at the fertility clinic. The Texas Supreme Court upheld the agreement, emphasizing the importance of contracts and the autonomy of individuals to make decisions regarding their reproductive cells. The court ruled that the agreement was clear and enforceable, and it required the disposition of the embryos as originally agreed upon by the couple—meaning the embryos would be discarded. Rule of Law from Roman v. Roman The Roman v. Roman decision established a clear precedent that in Texas, agreements regarding the disposition of frozen embryos made prior to the storage of those embryos are generally binding. The court highlighted the principle that adults have the right to enter into contracts and that these contracts should be upheld unless they violate public policy. This decision aligns with the contractual approach, where written agreements made at the time of embryo creation are considered valid and enforceable in disputes arising from a divorce. The legal landscape surrounding the disposition of frozen embryos in Texas was further solidified by the 2023 case of Atoun v. Atoun. This case affirmed the principles set forth in the earlier Roman v. Roman decision, continuing the trend of Texas courts enforcing pre-existing agreements regarding embryos created via IVF. Case Background: Atoun v. Atoun In Atoun v. Atoun, the couple had entered into an agreement with their IVF clinic which stipulated that the embryos would be discarded in the event of a divorce. Despite this clear agreement, the trial court awarded the embryos to the wife. However, this decision was reversed on appeal. Court's Decision and Rationale The appeals court in Atoun v. Atoun cited Roman v. Roman, drawing parallels to the similar agreement in that case. The appeals court emphasized the elements of a binding contract and held that the agreement was enforceable as it was not against public policy and was clear and unambiguous regarding the parties’ intent upon divorce. The appeals court underscored the enforceability of contracts regarding the disposition of embryos, noting that such agreements should be respected unless they contravene Texas public policy. The court also noted the legislative silence on the issue since the Roman decision as an indication of legislative acquiescence to the judiciary's stance on these matters. Legal Implications The ruling reinforced the contractual approach, where agreements made at the time of IVF are presumed valid and enforceable. This case highlighted that: • Contracts regarding embryos are seen as any other legal contract that must adhere to standard legal criteria to be considered binding and enforceable. • Legislative inaction following significant court decisions can be interpreted as an affirmation of those decisions, influencing how courts may perceive the standing of those rulings in future cases. Ethical and Social Considerations Atoun v. Atoun also addressed the ethical aspect of whether embryos should be considered "unborn children." The appeals court maintained that under the context of the agreements pertaining to IVF and divorce, embryos do not confer parental rights that could be terminated, as they are considered property under the agreements made. Implications for Future Cases The decisions in Roman v. Roman and Atoun v. Atoun highlight the importance of clear, well-documented agreements regarding the disposition of frozen embryos in Texas. These cases illustrate that such agreements will generally stand in court, reaffirming the autonomy of individuals to make legally binding decisions about their reproductive cells at the time of IVF treatment. For couples in Texas, this underlines the necessity of careful planning and legal consultation when considering IVF as a means to parenthood, ensuring that their intentions are clearly documented and legally protected. Conclusion As demonstrated by these cited cases, Texas courts respect and enforce agreements made regarding frozen embryos if they are clear and voluntarily entered into. Couples considering IVF are advised to carefully consider and document their decisions about the disposition of embryos. This proactive approach not only aligns with Texas law but also ensures that both parties' intentions are respected, reducing the scope for disputes in the event of a relationship breakdown. Ethical Considerations and Future Directions The lack of specific legislation in Texas and many other states means that these cases can result in inconsistent outcomes, which could be emotionally and financially draining for the parties involved. Ethical considerations, such as the potential for life in the embryos, add further complexity to these legal battles. Future legislative actions could help provide clearer guidelines and reduce the variability in court decisions. This would not only make the process more predictable but also respect the deeply personal and sensitive nature of decisions about potential parenthood. As technology and societal norms evolve, so too will the legal landscapes around issues like these. For now, couples considering IVF might consider clearly documenting their intentions regarding the embryos in legal agreements, ideally with legal counsel who understands both family and reproductive law. This proactive step can help mitigate future legal conflicts should relationships change.  In Texas, a spouse's bonus can significantly impact the financial discussions during a divorce. These bonuses may be awarded by an employer to recognize an employee-spouse's dedication and hard work, and can range from annual bonuses to stock options and performance-based awards. The critical question often arises in divorce proceedings: Is the bonus considered marital property to be divided, or is it the separate property of the spouse who earned it?
Understanding Marital vs. Separate Property in Texas Under Texas law, marital property includes all assets and debts accumulated during the marriage, except for gifts, inheritances, and certain types of personal injury claims. Separate property refers to assets or debts one spouse brought into the marriage or acquired after the marriage ends, with some exceptions. This distinction is crucial when determining how bonuses are treated in a divorce settlement. How Courts Evaluate Bonuses The classification of a bonus—whether it's marital or separate property—depends significantly on the specifics of the bonus arrangement. There's no standard bonus structure; they can be contingent on various factors like sales metrics, company profitability, or specific achievements like a successful public offering or acquisition. In cases where a bonus is under consideration, Texas courts need to evaluate several factors:
Hypothetical Bonus Scenarios Consider a local executive who expects an annual bonus based on performance reviews. If a divorce judgment is entered in September, and the bonus is paid annually, a court might decide that a substantial part of the bonus is marital property. The exact split will depend on the couple's marital duration within the bonus year. For instance, if the couple was married for nine of the twelve months, 75% of the bonus might be deemed marital property, with the remaining 25% as separate property. However, Texas family courts are guided by principles of equity, meaning that the division isn't always a simple split. Courts might consider additional factors like each spouse's economic needs, contributions to the marriage, and any misconduct affecting the marital estate. The Importance of Legal Representation Given the complexities involved in classifying and dividing bonuses in divorce, having an experienced family law attorney is crucial. An attorney can help navigate the intricate details of bonus agreements and advocate for a fair division of these assets based on the unique circumstances of your case. With the right legal guidance, parties can ensure that their financial interests are protected during the division of assets in a Texas divorce.  The rise of "gray divorces" among older Americans is intersecting with a particularly challenging housing market, posing significant financial and logistical challenges for those navigating this transition. As we observe record numbers of Americans turning 65—this demographic shift, known as Peak 65, represents the largest-ever group celebrating their 65th birthday. Simultaneously, we are witnessing an unprecedented rise in divorces among this age group. This surge in divorce rates among older couples is further compounded by escalating home prices and high mortgage rates, reminiscent of the early 2000s.
During the process of a gray divorce, many couples face the tough decision of selling their family home. This often leads to downsizing, and while some find suitable smaller homes or townhouses, others are left without sufficient funds to re-enter the housing market independently. The competitive nature of today's market, exacerbated by limited inventory and affordability constraints, places additional pressure on those recently single. Interestingly, despite these challenges, older individuals have held an advantage as many are repeat homebuyers with home equity at their disposal. From a financial standpoint, divorces at this stage of life can dramatically alter one's living arrangements and long-term financial planning. The implications extend beyond individual households, influencing broader economic elements such as the pressures on financial systems and housing costs. In some cases, divorced individuals may opt for creative living arrangements like sharing a home with a former spouse but residing on different floors, or even moving in with roommates or family members to manage costs more effectively. Additionally, the emotional aspect of selling a long-term family home cannot be understated. For many, their home is not just a physical space but a repository of decades-long memories, making the decision to sell particularly challenging. However, in a seller's market, this difficult decision can ultimately be financially advantageous, allowing individuals to better fund their next chapter in life. If you are over 50 and going through a divorce, be sure to consult with a law firm that understands the unique challenges faced by individuals going through a gray divorce, especially when intertwined with the complexities of a heated housing market. You need expert guidance to help manage the intricacies of property and financial settlements and ensure a stable transition into your next phase of life. |
(832) 819-3529
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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