Texas Divorce Attorney Blog

Congratulations on the birth of your baby boy! Now what?

Published on: April 1, 2015 | by McClure Law Group

For the parents of a brand new baby boy, oftentimes the first medical decision to be made for the child is whether he should be circumcised. This medical procedure is usually performed in the hospital shortly after the birth of the child and outside the presence of the parents, or in the Jewish faith, eight days after the birth of the baby boy, which is part of the brit milah (a.k.a. bris) ritual. But what happens when the parents do not agree on whether their baby should be circumcised? What legal recourse do the parents have in Texas? The answer is not an easy one.

In Texas, parents can legally resolve their disputes in a “Suit Affecting the Parent-Child Relationship” (“SAPCR”) wherein the Court is asked to appoint the parents with certain rights, powers, and duties over their child. The problem in the case of circumcision, however, is that a SAPCR may not be filed for an unborn child. Therefore, if a parent has a strong objection to circumcision, then he or she must wait until after the child is born to prevent an unwanted circumcision and then act quickly. Assuming that the medical professionals will not perform the procedure against one parent’s clear objection, the objecting parent will need to file a SAPCR immediately and request a Temporary Restraining Order to prohibit the non-objecting party from consenting to the circumcision until the Court cannot decide the matter after notice and hearing.

KEYSHAWN JOHNSON GETTING DIVORCED LESS THAN ONE YEAR FROM DATE OF MARRIAGE

Published on: March 11, 2015 | by Francesca Blackard

Many clients come to our law firm extremely worried that the second they get married, their spouse is automatically entitled to half of their wealth- regardless of the duration of the marriage or when they acquired their wealth. As reported in the news, Keyshawn Johnson is getting divorced from his wife after only 7 months of marriage. Does this mean he has to give up half of his entire wealth? The short answer is no.

Division of property in Texas divorce suits is not 50/50 – Texas law reads that there shall be a just and right division of the property. Yes, most Courts believe that should look something like a 50/50 split, but that does not mean that has to be the case. There are numerous factors outlined in the Texas Family Code that can sway a property division one way or another.

So let’s use Keyshawn Johnson as an example- He was married 7 months. Absent a finding of common-law marriage in Texas, his wife would only be entitled to half of any income accumulated during the time of marriage- in this case 7 months. Any money Keyshawn Johnson earned prior to marriage is his separate property and not considered in the property division. But, it is important to note that Keyshawn Johnson would have the burden to prove by clear and convincing evidence that any asset he wishes to exclude from a property division is indeed separate in nature.

THE STATE OF THE INSTITUTION OF MARRIAGE IS STRONG

Published on: March 1, 2015 | by McClure Law Group

Since no-fault divorce statutes were first implemented in the United States at the end of the 1960s Zeitgeist (with California being the first state to allow a “no-fault” divorce in 1969), many have cried that there is an epidemic of skyrocketing divorce rates that is only getting higher with the passage of time. Continue Reading ›

First Same-Sex Marriage License in Texas Leaves More Questions than Answers

Published on: February 23, 2015 | by McClure Law Group

A federal district judge in Texas rules that Texas’s Constitutional ban on same-sex marriage violated the Equal Protection Clause of the United States Constitution. That ruling was stayed pending appeal—a common procedure in this type of case (when a law has been ruled unconstitutional, it is common to keep the law in place until the appeals process is exhausted). This is an important note as the United States Supreme Court rejected a Petition from the state of Alabama to stay same-sex marriage until the issue is resolved by the Supreme Court of the United States. Many believe this move by the majority of the United States Supreme Court Justices is an indication of how they might ultimately rule on whether individual states can decide whether or not same-sex couples can get married within their state.

The state of Texas still has a Constitutional ban on same-sex marriage; however, in light of the Federal District Court Judge’s ruling that Texas’s Constitutional ban violated the United States Constitution, a Travis County judge ordered the Clerk of Travis County to issue a marriage license to Sarah Goodfriend and Suzanne Bryant. The Judge issues a “one-time” exception because Ms. Goodfriend has deteriorating health with ovarian cancer. On Friday, Texas’s Attorney General, Ken Paxton filed a petition with the Texas Supreme Court in order to declare the marriage license issued by the Travis County Clerk to Ms. Goodfriend and Ms. Bryant to be declared void. Continue Reading ›

Establishing Paternity in Texas Part III

Published on: February 17, 2015 | by Bryce Hopson

Welcome back to the third and final installment on the ways in which paternity is established in the state of Texas. This blog post will focus on adoption and some of the interesting intricacies that can spring up as prospective parents peruse the legal landscape of adoption in Texas.

Chapter 162 of the Texas Family Code contains the statutory rules surrounding adoption. A question commonly asked of family law attorneys is: “Who may be adopted?” Section 162.001 provides that a child residing the state of Texas may be adopted if: Continue Reading ›

Should I Get a Divorce or an Annulment? What’s the Difference?

Published on: February 11, 2015 | by James ''JT'' Gage

Should I get a divorce or an annulment? What is the difference?

New clients often ask whether they should seek a divorce or an annulment. The answer, unsurprisingly, is, “it depends.”

First, it is important to understand the difference between a divorce and an annulment. One way to remember the distinction between them is this: with a divorce, a court is saying the marriage is over; with an annulment, a court is saying the marriage never existed in the first place.

How do you know if you are eligible for one or the other or both? Continue Reading ›

Spouse Cannot Use Texas Law to Seize Federal Survivor Annuity Benefit

Published on: February 3, 2015 | by Francesca Blackard

Many of you may know about ERISA, but for those of you who do not, here is a quick run down:

ERISA is the Employee Retirement Income Security Act of 1974. It is a federal law that sets minimum protective standards for almost all voluntarily established pension plans in the private sector.

Just recently, the D.C. Circuit Court held in Vanderkam v. Vanderkam that ERISA preempts a party’s attempt to use state law to seize a benefit that federal law has vested in a spouse or former spouse entitled to a survivor annuity. ERISA usually bars alienation or waiver of a spouse’s survivor annuity unless the spouse waives the annuity in writing in conformity with section 205 of the content and timing rules of ERISA. This may sound confusing, so let me give some background on this issue…

John Vanderkam was employed by a corporation and was a participant in the pension plan. He married the defendant, Melissa Vanderkam in 1984 and designated her as a 100% beneficiary of his joint and survivor annuity of his pension plan, paid upon his death. John retired in 1994, at which time the survivor annuity vested in Melissa while John began to receive his monthly benefits from the pension plan. In 2002, John and Melissa divorced. This is where it all gets tricky… Continue Reading ›

Establishing Paternity in Texas Part II

Published on: January 6, 2015 | by Bryce Hopson

Welcome back! Let’s dive in to the third way in which paternity can be established in Texas: an adjudication of paternity. Under chapter 160 of the Texas Family Code, an “adjudicated father” is defined as a man who has been adjudicated by a court to be the father of a child. Well that is not very helpful is it? Kind of like trying to describe the color blue to a blind person by saying that it looks very blue. Let’s dig a little deeper, shall we?

Texas law provides that a civil proceeding may be maintained to adjudicate the parentage of a child, and that such proceedings are governed by the Texas Rules of Civil Procedure. One of the main considerations when discussing suits to adjudicate parentage in Texas is whether you have standing to bring the suit. Subject to certain exceptions, a proceeding to adjudicate parentage may be maintained by: Continue Reading ›

Establishing Paternity in Texas

Published on: January 5, 2015 | by Bryce Hopson

If you have ever wondered how paternity is established under Texas law, here are a few key points to remember. First, there are five ways in which a father-child relationship can be established:

(1) an unrebutted presumption of the man’s paternity;
(2) an acknowledgment of paternity;
(3) an adjudication of paternity;
(4) adoption; and
(5) the man consents to assisted reproduction by his wife resulting in the birth of the child.

Now, what does it take to be considered a “presumed father” under Texas law, and how can that presumption be rebutted? Well, a man is presumed to be the father of a child if: Continue Reading ›

Camille Cosby- To Divorce or Not to Divorce, that is the Question

Published on: December 16, 2014 | by Francesca Blackard

In light of the recent rape allegations against Bill Cosby, many are wondering whether Camille Cosby, his wife, will be filing for divorce. Bill Cosby married Camille in 1964; they have been married 50 years. Her and Bill had five children together—both her and the children were the storylines for the famous NBC series “The Cosby Show.” Over time, their marriage has taken some rocky turns, but has surprisingly outlasted the obstacles, at least until now.

You may remember when Bill Cosby admitted he had an extramarital affair with Shawn Berkes after having being blackmailed by an alleged daughter, Autumn Jackson, in 1997. A few years after, in a 2000 interview with Oprah Winfrey, Camille mentioned that the reason she had not gotten divorced was because, “You cleanse yourself of all of that baggage, and you look at each other and determine whether the relationship is worth salvaging, whether you really love each other and want to be together.” Although Bill had been accused of sexual misconduct in the past, it would be a shock if the revival of the rape allegations would not end in divorce. One thing is cheating, another is rape.