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.
Property division in Texas can be interesting where spouses jointly own property which is not community property. If property is community property, it can be divided by the court in a divorce in a manner deemed "just and right". Again, like the "best interest" of a child in the earlier blog, it is a matter of judicial discretion. The court does NOT have to divide marital property equally. So long as the court's decision is not an abuse of discretion (again a legal term which is defined in case law and not in statutes), the decision will stand on appeal.
Protective Orders are not just available in Family Law cases. It's pretty well common knowledge that the Texas Family Code has provisions for a protective order if the court finds that family violence has occurred and is likely to occur in the future. In Harris County, there is one specific family law court that handles all applications for protective orders. Family violence is an assaultive offense against a family member or a person with whom you have a dating relationship. Any court in Texas with family law jurisdiction may enforce a protective order. Chapter 85 of the Family Code deals with these family violence protective orders.
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).
Can you collect alimony in a divorce in Texas? If your marriage is failing and you suspect that a divorce may be on the horizon, you may want to start preparing yourself now. There are many issues that will need to get resolved, including but not limited to property division, child custody and visitations, child support and possibly alimony or spousal support. So, what is alimony and why is it important?