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Divorce Archives

Johnny Depp Nasty Divorce

Actor Johnny Depp is in more of a pickle than what came out in the news recently. His soon to be ex-wife Amber Heard of a total of 15 months indicated that Depp was emotionally and physically abusive throughout their short marriage.  In fact, she rolled into court today with her lawyers sporting a black eye.  Heard indicated that she was on the phone with a girlfriend when Depp snatched it out of her hand in a fit of rage and she screamed for her girlfriend to call 911.

Bankruptcy and Divorce

"Love and Marriage...Love and Marriage..." the song says, "you can't have one without the other."  Well, sometimes Bankruptcy and Divorce go hand in hand as well.  Often times, if the couple is able to get along well enough through the bankruptcy proceedings before the divorce is finalized it is much better for the man, wife, future partners, and/or children going forward in the future.  

Role of the Expert in Child Custody Battles

In a divorce proceeding that is a suit affecting the parent-child relationship (SAPCR), it is necessary to attempt to ascertain the meaning of "psychological best interest of the child".  There have been many statements that is the desired standard in custodial dispositions.  It seems quite clear that the psychological best interest of the child test is an organizing concept which can relate and integrate all relevant data in relation to custodial disposition.  These datas fall into several general categories. 

Divorce Disputes

When parties get a divorce, often times there are many disputed issues.  Sometimes the issues of contention are over who would be appointed joint managing conservator of the children or how much child support should be owed.  Another point of contention can be where the parties can move and how far away from each other will they be allowed to move if there are the children the subject of the marriage. 

Mediation and Divorce

The subjects of divorce mediation include, but are not limited to, those that would be resolved by a judge in court, but for the mediated settlement.  The mediation process then can be seen as an alternative to the court process. Divorce mediation is defined as a nontherapeutic process at which the parties together, with the assistance of a neutral third party resource attempt to systematically isolate points of agreement and disagreement.  They also try to explore alternatives and consider compromises for the purpose of reaching a consensual settlement of issues relating to their divorce or separation

Suit Affecting Parent-Child Relationship

In a Suit Affecting the Parent-Child Relationship in Texas, the Divorce Court retains continuing exclusive jurisdiction for the custody and support and other SAPCR issues until the child turns eighteen.

Management and Control of Property of Spouses

Under the Uniform Marital Property Act a spouse acting alone may manage and control that spouse's property that is not marital property; except as provided in Subsections B and C, marital property held in that spouse's name alone or not held in the name of either spouse; a policy of insurance if that spouse is designated as the owner of records of the issue of it; the rights of an employee under an arrangement for deferred employment benefits that accrue as a result of that spouse's employment; a claim for relief vested in that spouse by other law; and marital property held in the name of both spouses in the alternative, including a manner of holding using the names of both spouses and the word "for".

Uniform Marital Property Act

Section 4 of the Uniform Marital Property Act classifies the property of the spouses.  Under 4a it indicates that all property of the spouses is marital property except that which is otherwise classified by this act.  All property of the spouses is presumed to be marital property.  Each spouse has a present undivided one half interest in marital property.  The income earned or accrued by a spouse are attributable to property of a spouse during the marriage and the determination date is marital property.  The martial property transferred to a trust remains marital property. 

Division of community property and punitive damages

As to punitive damages, the Texas court reasoned that heightened culpability does not change the essential character of the wrong:  a deprivation of community assets as opposed to a tort committed against a person or his or her separate property.  A recovery of punitive damage requires a finding of an independent tort with accompanying actual damages.  

Fraud on the Community in Texas Divorce

There are aspects of the Texas community property system that provides additional remedies against a spouse for improper conduct involving the community estate.  Texas recognizes the concept of fraud on the community, which is a wrong by one spouse that the court may consider in its division of the estate of the parties and that may justify an unequal division.

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