W. Tyler Moore, PC

divorce Archives

How are marriages ended?

How are marriages ended?  Marriages are ended either death or divorce.  I had an interesting question posed to me today.  A couple were separated and a divorce had been filed. During the pendency of the divorce, the husband died in an accident.  A third party wanted to know if it was possible to get the divorce granted or alternatively, to try to have the marriage annulled because of an alleged fraud committed by the surviving wife. The short answer is "NO".  Until the parties were granted a divorce, they were married in the eyes of the law.  The surviving wife was the widow entitled to her share of the estate under the law.  As for an annulment, the only parties who could raise that issue were the husband and wife. The husband died and the wife wasn't interested in trying to annul the marriage.  Long story short, the deceased left a widow.\

Temporary orders in Divorce

Why have temporary orders in a divorce? Between the time a divorce is filed and the final divorce decree is entered, there often must be some controls in place concerning children and property.  These controls are the temporary orders entered by the Court either by agreement of the parties or after a hearing.  

Divorce and restraining orders

Divorce and restraining orders in Texas:  If served with a restraining order in a divorce suit, you should read it carefully.  Generally speaking, the language will say the Respondent is immediately restrained from ... a specific list of things.  The list will usually be numbered.  Read each item on the list.  The list is your list of commandments.  If you don't understand the order, take it to an experienced family law attorney to decipher it for you.  You will need the lawyer to go to court with you when the applicant has a hearing to expand the restraining order into a temporary injunction during the pendency of the litigation.

What happens to a business when its owners divorce?

The people of Texas have a great entrepreneurial spirit, and many Houston residents are small business owners. Having built a business from the ground up is a satisfying endeavor that can take many years. As a person's business grows, so may their personal life. They may marry and have children all while growing their business. However, they may also experience a divorce. Any of these major life events can have a significant impact on one's business, especially if they shared the business with their spouse.

Thoughts about divorce by a divorce lawyer

Thoughts about divorce by a divorce lawyer:   A divorce is nothing to enter into lightly or on a whim.  Threatening a spouse with it is like threatening thermonuclear war between nations.  Divorce should be a last resort when there is no hope for the marriage, when one spouse cannot continue in the relationship and remain mentally or physically healthy, when counseling would be a waste of time, when the relationship is toxic to the spouses and to the children, or when the other spouse refuses to try to save the marriage.

Is the amount of alimony limited?

The amount of alimony is limited in Texas.  Chapter 8 of the Family Code talks about "court ordered maintenance" which lay people refer to as alimony.  That chapter of the code is specific as to who may receive alimony, under what circumstances, for how long, and a cap on the monthly payments.

Beware of use of forms in divorce

Beware of use of forms in divorce. Too often, the unwary find forms for use in their divorce cases believing them to be what they need.  These forms are created for use in very simple cases involving little or no marital property and perhaps children. 

What to do if assets disappear before property division begins

High-asset couples in Houston may not have had to worry about money very much while married. However, once they decide to divorce, the topic of money must be addressed. When the divorce is very acrimonious, not only does each side want to see that they get their fair share of the marital assets, but they may even be tempted to do things to keep their ex from receiving anything at all. This can lead to the dissipation of assets.

Don't impersonate your spouse on line.

Don't impersonate your spouse on line. Doing so is a violation of the Texas Penal Code section 33.07.   It's a 3rd degree felony!  Being mad and getting even with your spouse or significant other is not worth the fall out.  That statute is worth reading before you go online and do a hatchet job.  It's illegal to use the name or persona of another person without consent and with the intent to harm, defraud, intimidate or threaten any person to create a web page or post or send meesages on or through a commercial social netwoking site (like Facebook, Linkedin).

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