W. Tyler Moore, PCW. Tyler Moore, PC2026-11-08T16:44:51Zhttps://www.wtylermoore.com/feed/atom/WordPress/wp-content/uploads/sites/1103766/2024/04/cropped-W_Tyler_site_icon-32x32.pngOn Behalf of W. Tyler Moore, PC<![CDATA[What is a “quiet divorce?”]]>https://www.wtylermoore.com/?p=478402026-11-08T16:44:51Z2026-11-08T16:44:51Zputting in effort toward the marriage” but “not necessarily taking steps to end it.”
Some people “quiet divorce” years before they go on to actually separate and divorce. Others remain in the marriage for financial and other practical reasons or out of fear of the unknown or being on their own after years as a couple. Still others recognize what’s happening and commit to saving the relationship.
One woman noted in a recent Washington Post article that when she realized she was the only one putting any effort into the marriage, “I just stopped taking responsibility for managing the health of the relationship.”
Signs of quiet divorce
The signs that a couple has quietly divorced include the following:
They are essentially just roommates and maybe co-parents.
There’s little or no sex or other physical contact, and they don’t miss it.
They rarely care enough about something they disagree on to fight about it.
They increasingly build their life around other relationships.
This last one doesn’t necessarily mean adultery. It often involves friend groups, colleagues, golf or tennis buddies or others who share similar interests or fulfills their social and emotional needs.
What to do next
One clinical psychologist notes, “The opposite of love is not anger. The opposite of love is indifference. When disappointment turns into resignation, that’s when a quiet divorce often begins.”
When spouses recognize that they have already quietly divorced, they can then determine what the next steps are for them and ultimately decide whether they will ultimately be happier and more fulfilled if they don’t remain in the marriage.
Actual divorces that follow years of a quiet divorce can be very amicable. Nonetheless, when someone begins moving toward ending their marriage or believes their spouse is, it’s smart to get individual legal guidance as early as possible, given all that is at stake.]]>On Behalf of W. Tyler Moore, PC<![CDATA[How a partnership agreement can help with a contested buyout]]>https://www.wtylermoore.com/?p=478382026-10-26T20:59:28Z2026-10-26T20:59:28ZPartners may set terms for a buyout early
Business partnership agreements may include details about investments and future pay. They may also outline expectations regarding job performance. They can even include supplementary documents, such as a buy-sell agreement.
Partners can agree in advance to the scenarios in which one partner can acquire the other’s interest in the business. The agreement can also set terms for calculating what one partner should pay the other to acquire their share of the company. A buy-sell agreement can reduce the likelihood of a contentious buyout process by providing guidance and compelling one partner to sell if the other makes an offer that aligns with the terms of the document.
Reviewing a partnership agreement with a skilled legal team can help people understand their options when they begin considering a partnership buyout. A lawyer can assist with contract review, formal communication and even business litigation if there is a dispute about the buyout, making their services invaluable during a major business transition.]]>On Behalf of W. Tyler Moore, PC<![CDATA[Key priorities for older divorcing people]]>https://www.wtylermoore.com/?p=478362026-10-16T00:28:05Z2026-10-16T00:28:05ZThe property division settlement
While Texas is a community property state, joint or marital assets don’t have to be divided precisely 50-50 if the couple agrees to a different arrangement or has a valid prenuptial or postnuptial agreement that stipulates a different division. A fair property division agreement can be crucial for both spouses to be able to live in comfort after they’re no longer together. This includes a fair division of both spouses’ retirement savings.
The spousal maintenance agreement
If spouses’ income and/or future earning potential vary greatly, the lesser-earning spouse may need to focus on getting the spousal maintenance (alimony) they need to live on their own. Under Texas law, a spouse can seek maintenance if they’ve been “married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse's minimum reasonable needs.”
There are other considerations as well, such as how retirement and Social Security retirement benefits will affect each spouse’s future income. If one or both spouses has serious medical issues, that can affect their ability to work and their cost of living.
While most long-married couples are used to having joint legal, financial, tax and other professional advisors, given all that is at stake, each divorcing spouse should have their own advisors as well as – of course – their own experienced legal representative to protect their rights and interests.]]>On Behalf of W. Tyler Moore, PC<![CDATA[What constitutes negligence in civil court?]]>https://www.wtylermoore.com/?p=478342026-10-02T18:49:27Z2026-10-02T18:49:27ZA civil lawsuit could follow a contract breach or a crime. People could also file lawsuits in cases where they experience negligence that causes injuries, property damage or other economic consequences.
In lawsuits based on claims of negligence, plaintiffs must establish that not only did they sustain economic losses because of the conduct of another party but that the party named as the defendant was negligent in an actionable way.What must people prove to show that negligence harmed them during a lawsuit?
There's a clear standard for negligence place
Negligence is more than making a minor mistake. It involves exposing oneself or others to an unnecessary and preventable degree of risk. Actionable negligence involves failing to do what is reasonably necessary for the safety of others or engaging in outright unsafe conduct. It may also entail failing to meet professional standards in some cases.To some degree, negligence is in the eye of the beholder. What one person views as negligent may seem effectively harmless to others. The main dispute in an injury case may be whether one party was truly negligent or not.Therefore, the courts typically use the “reasonable adult” standard for negligence lawsuits. If another reasonable adult is likely to identify conduct as negligent, then the plaintiff may have sufficient grounds for litigation. If there is proof of one party failing to do what others understand is necessary for basic safety or behaving in a manner that creates unnecessary risk, such as driving the wrong way on a one-way road, the conduct may constitute negligence. Discussing potentially negligent behavior can help people evaluate the strength of a personal injury claim. An attorney's insight can make it easier to choose when to pursue a lawsuit after experiencing negligence.
]]>On Behalf of W. Tyler Moore, PC<![CDATA[How the court can determine a child’s best interests]]>https://www.wtylermoore.com/?p=478312026-09-17T16:09:11Z2026-09-17T16:09:11ZWhen courts have to make rulings regarding child custody issues, the goal is typically to focus on the child’s best interests. That is the standard that should be applied to make the appropriate decision. This means it may not necessarily line up with what the parents want, but simply what the court thinks is best for their child.
There are many general factors that the court will consider. This can include the child’s emotional development, mental health, security and overall happiness. But what are some of the individual factors courts may weigh to see what ruling would be best?
Common child custody factors
Every single divorce case is unique, and the court’s goal is to gather as much information as possible about that child’s specific situation. But some of the common factors they may look into include:
The parents’ physical health and ability to care for the child
The parents’ mental and emotional health
The child’s age and gender
The relationship the child and the parents have
If the ruling will allow for the continuation of a stable home environment
If there are cultural or religious considerations
If the child has any special needs, whether these are developmental, physical or mental
The interactions the child may have with grandparents and other extended family members
If there are siblings or other children involved in the arrangement
The parental roles that each parent had prior to the divorce, along with their parenting ability
The child’s relationship to the local community, including neighbors, friends and their school
Finally, courts will certainly look for red flags, such as evidence of domestic violence, excessive discipline, substance abuse, criminal activity, emotional abuse and things of this nature.
Navigating a complex custody situation
Parents do not always see eye to eye with the court regarding what would be in the child’s best interests and how a ruling should be made. While going through a complicated child custody case, it is important for them to understand exactly what legal options they have.
]]>On Behalf of W. Tyler Moore, PC<![CDATA[Responding to a breach of a nondisclosure agreement]]>https://www.wtylermoore.com/?p=478282026-08-29T15:06:00Z2026-08-29T15:06:00ZNondisclosure agreements can help protect trade secrets and other intellectual property.
They can also prevent reputation damage after a business or employment dispute. Some organizations sign nondisclosure agreements when taking on new vendors, negotiating arrangements with service providers or hiring new employees. Others may require their signatures as part of employment termination proceedings or a partnership buyout. Legal action may be necessary if an affected party does not uphold their obligations, as specified in nondisclosure agreements.
How can litigation help?
When there is documentation validating the claim that the other party disclosed private information protected by a valid nondisclosure agreement, the courts can offer multiple solutions. The party affected by the breach can file a lawsuit that protects the company and enforces the terms of the agreement.
A lawsuit provides an opportunity to request specific remedies from the court. The courts could issue an injunction preventing future disclosures or requiring steps to undo the release of information, such as deleting information shared online.
The courts can also enforce clauses in contracts that may impose financial consequences for breaching a nondisclosure agreement. Finally, the courts can award damages, which means granting financial compensation for the impact the breach of the agreement had on one party.
Reviewing an agreement itself, and the impact that a breach has had, with the lawyer may make it easier for frustrated business leaders to limit the impact of problematic disclosures of non-public information. An attorney can help assess a contract, document the infringement and take appropriate legal action in response to legitimate concerns.]]>On Behalf of W. Tyler Moore, PC<![CDATA[Is there a waiting period for a Texas divorce?]]>https://www.wtylermoore.com/?p=478262026-08-15T21:52:22Z2026-08-15T21:52:22ZTexas does require that people wait
Current laws in Texas mandate a cooling-off period between the initial filing of paperwork and the hearings to resolve the details of a divorce. Typically, people must wait at least 60 days between when they initially submit paperwork to the courts and when they discuss their concerns in front of the judge.
Realistically, many divorces take far longer than that. Especially in scenarios where people must litigate disagreements about property division, financial support or parenting matters, the divorce process can easily take a year or longer. Instead of rushing the process and compromising immediately for the fastest divorce possible, a methodical approach based on realistic personal goals and an understanding of state regulations is often the best option for divorcing spouses.
Discussing marital circumstances and divorce concerns with a family law attorney can help people estimate a likely timeline. Spouses who know what to expect can strategize effectively and better ensure that they have the support they need during a divorce.]]>On Behalf of W. Tyler Moore, PC<![CDATA[Taking legal action after discovering trademark infringement]]>https://www.wtylermoore.com/?p=478242026-08-01T13:51:17Z2026-08-01T13:51:17Zinfringes on trademark protections by using a trademark without authorization or creating a substantially similar logo in an attempt to confuse consumers, litigation may be necessary to protect a company.
How legal action helps
Registered trademarks have protection under federal regulations. After organizations register their trademarks with the United States Patent and Trademark Office (USPTO), they can hold others accountable for the misuse or unauthorized duplication of a trademark.
If there is evidence of infringement and the matter goes to court, civil judges have the authority to grant several different types of remedies. The judge can issue an injunction limiting the continued use of a trademark by an outside party.
They can also impose penalties, including awarding damages for the economic impact the trademark infringement has on the trademark holder. There may be other legal remedies available as well, depending on the nature of the infringement and the Practical impact it has on the organization.
Discussing concerns about the misuse of a trademark with a business litigation attorney can help leaders protect an organization’s intellectual property. Prompt action can make a major difference in cases involving intentional trademark infringement.]]>On Behalf of W. Tyler Moore, PC<![CDATA[Going to court to change a custody order]]>https://www.wtylermoore.com/?p=478222026-07-19T00:10:24Z2026-07-19T00:10:24ZWhat must parents prove during litigation?
A contested modification proposed without the support of the other parent must meet certain standards enshrined in state law. Generally speaking, the parent petitioning the courts must have documentation showing that there has been a significant change in family circumstances.
New relationships, new schedules and changing family dynamics can all potentially justify modification requests. Plans to move can also warrant a custody modification. The parent proposing the modification generally also needs to advise the courts of the terms they want and must be able to show that those changes are in the best interest of the children.
Judges hearing modification requests must assess family circumstances and the current custody order to decide what is truly in the best interest of the children. They have the right to change the division of parenting time, reallocate authority and even impose restrictions in cases where parents have made unsafe choices previously.
Reviewing the shortcomings of a current custody order can help parents determine if civil litigation to modify the order is necessary. An attorney can help people manage the legal process required to pursue a litigated custody modification.]]>On Behalf of W. Tyler Moore, PC<![CDATA[2 ways age affects divorce odds]]>https://www.wtylermoore.com/?p=478202026-07-09T07:46:41Z2026-07-09T07:46:41ZDivorce odds are not the same for everyone. A wide range of factors can play a role, and one of them is age. This can impact divorce odds in two key ways.
First and foremost, you must consider the age at which you get married. Researchers have found that divorce rates are higher for younger marriages. For instance, someone who gets married at 32 years old statistically has the lowest odds of getting divorced in the future. But for every year prior to age 32, their divorce odds increase by 11%. For every year after 32, the odds also increase, but only by 5%.In other words, people are often cautioned against getting married at a very young age, but they do not necessarily want to wait too long, either.
The rise of gray divorce
On top of that, gray divorce cases involve older couples. Some studies have found that divorce rates are generally trending downward for couples who are 45 years old and younger, while those who are over 45 have experienced increasing divorce rates.The most dramatic increase over the last few decades has been among those who are at least 65 years old. Since the 1990s, their divorce rate has roughly tripled.
Navigating a divorce
Age is certainly just one factor to consider when it comes to divorce, but it helps illustrate the different ways it can affect the likelihood of a marriage ending. If you and your spouse do decide to divorce, be sure you know what legal rights you have when it comes to child custody, property division and more.
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