Divorce In Texas Archives - Heiman Law Firm

When to Consider Divorce (Part 3)

Jan 21, 2023 | Divorce, Family Law

Previously, we have discussed the benefits of a happy marriage, as well as warning signs in this article; and, the types of marriages that might be saved, and are worth fighting for, in this post following-up the first one. Today, we will discuss different types of commitments to a marriage, and which is required for a marriage to be happy and thrive (and so, for divorce to not need to be considered).

In traditional, ceremonial, marriages, the individuals to be married make vows to one another. They, typically, will publicly attest to their mutual love, devotion, and expressed intention to work towards a lifelong, supportive relationship. That commitment is usually “for better, or for worse, for richer or poorer, in sickness and in health; to love and to cherish, till death do us part.” And yet, despite those vows, many once-married people find themselves divorcing or divorced. Why is that?

Notice that the vows cited above do not express how the couple will stay together through troubling times. There is no mention of what actions they will take when warning signs (discussed in the articles linked above) present themselves. Divorce should not be considered, at least not initially, in a non-abusive relationship, where the partners are appropriately committed. So, that raises the issue: what type of commitment is “appropriate?”

According to Benjamin Karney, a professor of psychology and co-director of the Relationship Institute at UCLA, “’(w)hen people say, ‘I’m committed to my relationship,’ they can mean two things. One thing they can mean is, ‘I really like this relationship and want it to continue.’ However, true commitment to the marriage is more than just that.”[1] In a new study, UCLA psychologists based their analysis of 172 married couples over the first 11 years of marriage. What they found was that couples who did more than just commit to wanting their relationship to continue; who were actually willing to examine how they might change themselves, compromise on their wishes and preferences, and prioritize the welfare of their marriage, over their individual desires, were significantly less likely to divorce, than were those couples who did not commit at that level.[2]

That makes sense when applied to other contexts. Let’s take parenting for an example. There are times when a parent prefers not to get-up with a sick child at night; prepare a healthy meal, wash clothes, arrange parties or outings for a child. They may even reside in a location where it is better for a child (such as in the attendance zone of a good school, or within an area designated by a court for the child to reside) rather than where they would ideally live (on a mountain, at a beach, in another state, or in a downtown condo, for examples) But, most parents will do those things anyway, because they prioritize the welfare and happiness of their child over their own individual wants, desires, and preferences.

It’s easy to want to have a good relationship, with a thriving, healthy child. It’s the parents’ commitment to sacrifice for the child’s welfare that is truly important to achieving those outcomes. Should spouses treat the welfare of their marriage with less commitment? If the answer to that question is “no,” then divorce should not be considered in that circumstance. If the answer is “yes,” then that spouse should consider whether s/he wishes to truly be married, or whether being single is the preference.

Healthy marriages bring much value to spouses, including a longer life expectancy, more general happiness, and life satisfaction. But like most things worthwhile, they take work, commitment, and sacrifice. But, the process of making them successful improves our own attitudes towards life, and ourselves as people and partners.

[1] https://newsroom.ucla.edu/releases/here-is-what-real-commitment-to-228064

[2] Ibid.

Some Common Causes of Divorce (Part 1)

Aug 21, 2022 | Divorce

In my practice of law since 1989, my firm has handled many divorce cases, and have spoken with various mental health experts. Between our experience, as a law firm handling divorce cases, as well as what we have discovered from our study of the subject with relationship experts, we have learned some common causes of divorce. Based on those experiences, we offer the following observations.

Once upon a time, divorce was rare and frowned-upon by American society. During the Twentieth Century, however, several societal changes occurred, which caused the divorce rate to spike. It became one of the highest in the world.[i] Among these changes were women’s ability to support themselves financially; an increased mobility of society, where the members of extended families lived apart from one another; and, the dawning of the Sexual Revolution, which led to a change of view about previously-married people (especially women).

One of the most important factors, though, was the shift in view of marriage from being a lifetime family obligation that one takes, to being a source of personal fulfillment and joy. With this shift in view, a marriage which did not bring such pleasant emotions became considered as not worthy of protecting and extending.[ii]Various stress factors can lead to that lack of fulfillment and lack of joy. We will begin exploring two (2) of those today. Later posts will discuss this topic further.

Research into the area by multiple studies shows, unsurprisingly, that frequent conflict leads to a breakdown in the marital relationship. Each argument, or harsh word uttered, pushes the parties apart, eventually leading to a devaluing of one’s partner, and the marriage itself, unless appropriate intimacy-building measures are taken. There are resources for doing this available on the web. But, when there is already negative energy within a marriage relationship, working with a good therapist or counselor can be invaluable.[iii]

Another common cause of divorce is a lack of commitment; or often more appropriately, a lack of sufficient commitment, of the right type, from each spouse. Let me explain. There are some marriages in which both spouses are committed to the marriage, but each to a different degree (“Asymmetrical Commitment.”). This is unhealthy, and can cause deterioration of the marriage, as one spouse begins to feel devalued by the other.

In addition to needing a similarly strong commitment to the marriage, the right type of commitment is also important. A commitment to the marriage for moral reasons, such as for religious reasons; but, without a personal commitment to the marriage, is unlikely to result in a healthy relationship. The same is true when there is a structural commitment to stay in the marriage “for the kids,’ or for financial reasons. A personal commitment to stay in the marriage, because it is the most important thing in your life, however, is the type of commitment that leads to healthy, happy marriages. Spouses having this type of commitment stay in their marriage, because they want to do so; not because they feel like they should do so, or must do so.

Today, we have begun our study of the common causes of divorce. I hope that this has been helpful. More will follow, so please follow this site for updates. Until next time, I am the lawyer who says “I hope that you never have need to use our divorce services.”

[i] Wu Z. Schimmele C. M. 2007 Uncoupling in late life Generations 31 41–46

[ii] Ibid.

[iii] It is important that each spouse bring to the counseling, a commitment to working on oneself to improve the relationship. Merely showing-up to complain about the other spouse is very unlikely to be successful. Even if one spouse is primarily responsible for the breakdown of the marriage, each partner can improve as a spouse; even if that means simply not enabling the other spouse.

When to Consider Divorce (Part 2)

May 14, 2018 | Divorce

Committed relationships, such as marriages, are bedrock institutions of our society. When these relationships are healthy, they provide us with joy, contentment, stability, connection, and opportunities for personal growth. But, unfortunately, not all such intimate relationships become, and remain, healthy for both partners. Continuing with our series, we will discuss today some additional warning signs, or bad omens, for marriages.

According to Sonja Lyubomirsky, Ph.D., Social Psychologist at the University of California, Riverside, and author of “The How of Happiness: A Scientific Approach to Getting the Life You Want,” being married is correlated with being happy: married people are more happy than unmarried people are¹. And so, trouble in a marriage may manifest in the early stages as a state of uneasiness, dissatisfaction, or chronic unhappiness. This may or may not be accompanied by the feeling that there is no value in the marriage.

These feelings may result from something as benign as a gradual drifting apart of the parties, or, something more malignant, such as some form of abuse². Or, the feelings may arise in other ways that are instrumental in a spouse’s coming to feel unvalued, unappreciated, untrusted, constantly questioned or criticized. In any of those cases, the lack of an underlying happiness and satisfaction is a signal that the marriage is in trouble.

When one or both partners begin to feel dissatisfied with the marriage, then it is important for those feelings to be addressed. If the spouses’ talking-out the causes of the unhappiness or dissatisfaction does not seem to resolve the problem(s), then enlisting the help of a professional may be beneficial. While it might feel pointless or hopeless to try to further work on the lack of meaningful connection at this point, it is worth noting that if the partners can look back and remember good times, then, according to Susan Heitler Ph.D., the marriage, or other committed relationship, can be saved and strengthened.

Importantly, the American Association for Marriage and Family Therapy reports that most couples who have attended marriage counseling report high levels of satisfaction with the process. While marriage counseling requires each partner to work on himself or herself (rather than just blame the other spouse, and wish for his or her change), the end result can be the satisfaction, fulfillment, and happiness that flow from a happy, healthy marriage. Given as much marriage counseling is often worth doing, for those spouses who have not already given-up on their marriage.

Previously, I wrote about When to Consider Divorce (part 1), and noted that “[m]arriages are worth fighting for when they support us and our spouses…. If the spouses are committed enough to address [their] issues, then the marriage is worth fighting for.” You will find a discussion of some bad omens for a marriage in that earlier writing, so you might want to check it out.

¹ It is also true that happy people tend to attract the types of partners with whom they might build a long-term, satisfying relationship

² Abuse is not always physical; and, other forms of abuse can be just as damaging, or more so, than physical abuse is.

When to Consider Divorce (Part 1)

Feb 28, 2018 | Divorce, Family Law

All good marriages have their ups and downs. That is normal and healthy, because it shows that both partners are committed to the marriage, vulnerable, and working on their relationship with one another. In a loveless marriage, by contrast, there is not an intimate connection nor commitment to the marriage, and so, it is easy to not care enough: about your spouse, nor the relationship, to get upset; to work to make things better. Strong emotion is evidence of a connection between two people. But, when is that connection worth fighting for? That is what this series of posts, which we begin today, is about.

Within the comfort of our marriages is where we should feel the most secure, hopeful, and happy—free to be ourselves and supported by our respective spouses. So, the first thing to watch for as a sign of trouble in your marriage is a feeling that you are not able to relax and be yourself. You shouldn’t feel anxious in a healthy marriage. And, if you do, then that is an issue to explore (perhaps with a counselor) to determine whether the anxiety exists because you aren’t supported and getting what you need in the marriage; or, if it is due to something else, such as an anxiety disorder. In either case, that anxiety should be addressed, rather than ignored. Otherwise, the marriage is in trouble.

Next, it is worth noting that when spouses are unhappy, and feeling unsupported, they will often uncouple; i.e., operate as individuals sharing some things, like a house, and maybe children, but not as an intimate team. If marriage is anything, it is a team of two people sharing their lives with one another in an intimate partnership; if there is no team, then there is no marriage. So, uncoupling is not a good omen for the marriage.

Uncoupling often takes the form of infidelity—either emotional, physical, or both. When a spouse becomes secretly intimate with someone other than his or her spouse, then infidelity is occurring, and the marriage is in trouble. Besides having sex with someone other than your spouse, infidelity is occurring if: you are confiding your thoughts and feelings in someone other than your spouse, especially someone whom you are attracted to; you find yourself wanting to spend time with that other person; and, you are keeping the truth about that relationship hidden from your spouse. This is true, even if that relationship is not a sexual one.

People engaged in this kind of infidelity, by the way, will often attempt to justify it by saying “well, we’re not having sex,” and “my spouse is so jealous, that I don’t want to upset (him or her).” But, deception is destructive of a marriage, and so, is the crux of the problem with infidelity. You should question any relationship that you would not want your spouse to be fully knowledgeable about.

Marriages are worth fighting for when they support us and our spouses. If either or both of the issues discussed in this piece are present, then they must be appropriately addressed for the marriage to be supportive of the spouses. If the spouses are committed enough to address these issues, then the marriage is worth fighting for.

There is much more to discuss on this topic. I plan on addressing other related matters in subsequent posts. In the meantime, if you are considering divorce as an option, then you should know the 8 steps to take to prepare for your divorce.

Divorce Advice for Women

Jan 4, 2018 | Divorce, Family Law

We have been successfully handing divorce cases for our clients since 1991. Over that time period, we have literally represented hundreds of women. In fact, our very first divorce client was a woman who had a contested divorce case involving child issues. While representing women, we have noticed that certain issues arise more frequently for them as a group, than for men. This piece will discuss a few of those issues, and then, will offer additional information about how everyone should prepare for an upcoming divorce case.

Finances

Today, we see more women who earn about as much as, or more than, their husbands—some a lot more than their husbands. And yet, according to the latest statistics that we could find on the subject, just 29.3% of wives out-earned their husbands in 2013, according to data compiled by the Bureau of Labor Statistics . Consequently, when a marriage ends, we find more women looking at potentially-serious financial trouble than men (granted, divorce typically makes finances harder on both former spouses; just to a larger degree for many women than men).

Temporary Spousal Support or Alimony might help when available. But, even if those are awarded, they won’t last forever (please see the linked articles for more details about the availability and duration of those support awards in Texas).

It is important that you consider your finances as you start to contemplate divorce, so that you can make a plan in this area of your life.

Assuming that you will win custody by default, because you are “The Mom.”

Once upon a time, i,e. during the Nineteenth Century, American children were routinely awarded to their respective fathers, because women were not entitled to own property, enter into binding legal arrangements (such as through contract), and rarely were able to earn enough to support herself and children.

That tradition was reversed when the Maternal Preference became the dominant idea about where children should live, and which parent would do a better job raising them. During that latter period, Mothers were awarded custody, unless they were proved to be “unfit.”

Nowadays, there is no legal preference for either mothers or fathers to be presumptively awarded custody of their children. Instead, our courts make such awards, as with all other orders pertaining to children, according to what the court finds to be in the “best interest” of the children. This means that mothers might lose custody of their children, and end-up paying child support to the children’s father, unless they take their trial preparation seriously. In our experience, most fathers who ask for custody usually will be prepared to explain to the Presiding Judge why they should have custody. It is up to us to be thoroughly prepared to counter those arguments, and to effectively make our own arguments for why you, the children’s mother, should win the custody battle. This means dealing with these issues seriously and thoughtfully.

Feeling like “a Failure”

When a marriage ends through divorce, it is common for women to feel like they have failed themselves or their children. While there are exceptions to every generalization, it is our experience that men blame themselves, and feel like failures, significantly less often than women do.

Learning lessons from our experiences is how we grow as human beings. But, endlessly beating ourselves up for a failure usually contributed to by both spouses serves no useful purpose. It merely makes us feel bad, and takes away our power to fight for ourselves and our kids. Often, visiting with a good counselor can help us process negative events in a constructive manner.

Conclusion

Divorce can be hard. By addressing the three issues discussed in this piece, it can be less hard for you. We plan on writing more about related issues in the future, so please bookmark this blog site, or sign-up for our Mailing List to stay abreast of our latest posts. Also, we do have many other articles posted on this site about divorce and other Family Law matters, such as this one, discussing the 8 steps that everyone should take to prepare for a potential divorce case, so please feel free to browse through our post archive.

That is all for now. Until next time, keep looking up!

When is Temporary Spousal Support Awarded in Texas?

Aug 23, 2017 | Divorce, Family Law

As we recently discussed (here), it is only under specific circumstances that a Texas court may award spousal support to a party at the end of a Texas divorce case. If those circumstances do not exist, then the court is unable to make that award. Today, we will look at a related issue: a Texas court’s ability to award Temporary Spousal Support.

What is Temporary Spousal Support? It is financial support that one party to a divorce is ordered to give to his or her spouse during the divorce case. As such, it necessarily terminates at either the conclusion of that divorce case, or earlier, as may be ordered by the court. Its purpose is to protect the welfare of the financially-dependent spouse during the time period for which it is ordered. Temporary Spousal Support is based on the legal duty of each spouse to support the other one during the existence of their marriage to one another; and, even after a divorce case has been filed by one of those spouses, the marriage, and that support obligation, still exist until the divorce is granted.

What types of support might be awarded? Sometimes the temporary support is ordered to be made by one spouse paying money directly to his or her financially-dependent spouse. Other times, the payment of certain expenses, such as rent, mortgage, utilities, or a car note, is ordered as Temporary Spousal Support. In either case, the court can consider that support awarded and paid when dividing the parties’ Community Estate at the end of the divorce case.

So, how does the court determine whether to order temporary spousal support? The easiest way is when the parties have made agreements about it. Without such an agreement, however, the court will need to hold a hearing, and consider the financial evidence that is provided by the parties. Such evidence will necessarily include information as to each party’s earnings and earnings capacities; what bills and other liabilities exist, and the necessity of maintaining those bills and liabilities.

How is it proved to be needed? The party seeking the temporary spousal support has the burden of proving that it is needed in a particular case. Consequently, he or she will need to prepare a Financial Information Statement, and obtain relevant records such as the tax records of the parties. Most other documents, such as bills, are Hearsay, and can only be admitted (over objection from the opposing party) by the laying of proper evidentiary predicate. While the broad, technical, and often complex issues of Courtroom Evidence are way beyond the scope of this writing, suffice it to say that careful thought must be given ahead of time as to which documents are material, relevant, and admissible under our law. The courtroom is not the place to “wing it.”

Whether temporary support is awarded often determines if a party will be able to make it financially though the divorce. Consequently, it should be taken seriously.

When Is “Alimony” Awarded in Texas?

Jun 23, 2017 | Divorce, Family Law

When a divorce seems likely, we often are asked about whether one spouse might be required to make support payments for the other spouse. Although, some folks call such support payments “alimony,” Texas does not have an actual alimony system. Instead, Texas law provides for “Spousal Support.” While all of the differences between alimony and spousal support are beyond the scope of this piece, suffice it to say that spousal support is a considerably more limited support system than is traditional alimony.

First, it is worth noting that sometimes parties will agree to so-called “Contractual Alimony,” perhaps for tax avoidance issues. That subject will be reserved for a later blog post. The same is true for the “Temporary Spousal Support” which a court might Order for just while the divorce case is pending.

A party seeking spousal support in Texas (after the divorce case is over) must first demonstrate that he or she “will lack sufficient property, including the spouse’s separate property, on dissolution of the marriage to provide for the spouse’s minimum reasonable needs and:

(1) the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Section 71.004, committed during the marriage against the other spouse or the other spouse’s child and the offense occurred:

(A) within two years before the date on which a suit for dissolution of the marriage is filed; or

(B) while the suit is pending; or

(2) the spouse seeking maintenance:

(A) is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability;

(B) has 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; or

(C) is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.” Tex. Fam. Code, Sec. 8.051.

So, the first step is determining whether the person seeking the support has enough property to meet his or her “reasonable minimum needs.” If the answer to that question is “yes,” then the analysis can stop. Post-divorce Spousal Support cannot be awarded to that person.

If the answer to that first question is “no,” then the analysis will continue: can the person seeking spousal support show that the other party has been involved in ‘family violence” as described above? Is the person wanting support incapacitated by a disability? Can the party seeking spousal support show that this marriage has lasted for ten (10) tears or longer, and that he or she is unable to earn enough to meet that person’s minimum reasonable needs? Or, is that person the care-taker of a disabled child of the marriage, and so, is unable to work enough to provide sufficient support?

If the answer to any of the above questions is “yes,” then the Court may award Spousal Support. Otherwise, the court may not.

For the answers to more frequently asked questions about Texas Family Law, check-out our other blog posts on this sight and our FAQ page.

And, you can sign-up to receive our newest blog posts here.

Can Divorce Mediation Save You Time & Money?

Feb 25, 2017 | Divorce

Divorce cases have traditionally involved the husband and the wife each getting their own lawyer, filing a lawsuit for divorce, and then, treating the case much like any other civil case: setting hearings on preliminary matters that should be resolved early in the case; sending and responding to written discovery requests; taking depositions of each other, along with any other witnesses who know things that are important to the case; attempting to negotiate a settlement of the issues of the case; and finally, if no agreement has been reached, setting the case for a contested trial. Most Texas Courts also now require the parties and their lawyers in a divorce case to spend a full day in mediation prior to the trial date. These steps make up the Litigation Process. It is time-consuming and costly.

But, there is another way to resolve divorce cases, even when all of the issues are not agreed on by the husband and wife at the start of the case. This process is called Divorce Mediation. This process is usually substantially quicker and less expensive than the Litigation Process described in the paragraph above. Let’s see how the Divorce Mediation Process works.

When the husband and wife decide to use Divorce Mediation, they do not each hire a lawyer and begin fighting the case. Instead, they agree on one Divorce Mediation lawyer to assist them in working towards a resolution of the case. This Divorce Mediation lawyer first learns from them what the contested issues are, gathers information, then leads mediation to try to reach a settlement. If and when a settlement is reached (and, settlements are reached in most cases that use this process), the terms of the settlement are reduced to writing, and signed by the parties. With the difficult part of the case (resolving contested issues) behind them, the parties can, then, choose to finalize the case themselves, or to hire another lawyer to prepare the final divorce paperwork, and present it to the court, in a process known as a Divorce Prove-up.

The Divorce Mediation process will usually go more smoothly and quickly if both parties have full information about bank accounts, retirement accounts, the house payment or rent, the bills, and any other financial matter. And, if they have minor children, then each parent should inform himself or herself about each child’s current situation, such as the child’s medical condition, and any existing academic issues. When the parties have the same information about these matters, the Divorce Mediator can, then, lead a discussion of the issues, develop settlement proposals for the parties, and work towards attempting to have the parties reach agreement on the issues of the case. This process usually yields positive results, if both parties are ready for the divorce to happen, and are willing to work in good faith towards reaching agreements.

Divorce Mediation has advantages over the Litigation Process. When issues are resolved in Divorce Mediation, the process is private. Contrast that with contested cases, where court filings are made that can be seen by anyone in the public who wants to look at those filings. Also, the Divorce Mediation process provides a greater opportunity for the parties to be civil to each other, which is important when they have to co-parent one or more children together. And, it is usually less expensive and quicker.

Divorce Mediation is a relatively new process. The days when divorces had to involve people publicly fighting issues in a court are behind us. While not every case is suitable for Divorce Mediation, most are.

For information on how to get ready for a divorce, please see 8 Steps to Take to Prepare for Divorce.

How Is Community Property Divided in a Texas Divorce?

Feb 23, 2016 | Divorce

Texas is one of just a handful of Community Property states, and as such, divides marital property in divorce cases differently from the other, non-Community Property states. So, just how does Texas make that property division?

The Texas Family Code provides that in a divorce case, the court should make a “just and right” division of the community estate. This means that the court is not required, nor even presumed, to make an equal (“50/50”) division of Community Property. Instead, the court is charged with making a division which the court deems to be fair. Before we look at the factors that the court uses to determine how to divide Community Property, it is important that we get clear on what is, and what is not, Community Property.

Community property is all property acquired by either or both spouses during the marriage, except for items acquired by gift or inheritance. This is true regardless of whose name property is acquired in, and also, regardless of which spouse pays for the property. Your non-community property items are your “Separate Property,” and the court cannot take those items away from you.

While the definitions of Community property and Separate Property may seem clear and straight-forward, sometimes property rights in a particular case become complicated when, e.g., there are transfers of property between spouses, or when funds earned during a marriage are used to pay for the debt on Separate Property (like when one spouse owns a home prior to marriage, and makes mortgage payments on that house during the marriage). Also, there are presumptions which apply to property rights. Accordingly, it is usually a good idea to discuss your Texas marital property with an experienced Texas Family Law Attorney.

Now that we know what property the court can divide (the Community Property), it is time to see how the court decides how to divide the property.

Texas law provides the following as some of the factors for a court to consider when dividing Community Property:

Fault in The Break-up of the Marriage: If the court decides that one spouse is primarily responsible for the failure of the marriage, then the court may decide that the innocent spouse should receive more of the Community Property;

Benefits The Innocent Spouse Would Have Received by Continuation of the Marriage: One spouse may lose more from the break-up of the marriage than the other one will, such as loss of health insurance coverage, club memberships, networking or business opportunities. The court may consider those losses, particularly if that spouse is also the innocent spouse.
Disparity of Earning Capacities: This is related to the loss of benefits often suffered by one spouse in a divorce. The court can consider how the loss of the other spouse’s income will likely affect a spouse.
The Length of the Marriage: If the spouses have built a life together over a considerable time span, then the court can consider the loss of the marriage to be more costly—the innocent spouse may be required to walk away from a well-established life and start a new one.
The Relative Health of the Spouses: If one spouse is walking away from a sick or injured spouse, then the court may consider the loss to be larger and more impactful for the unhealthy spouse.
The Size of the Separate Estates: If one spouse has a much larger Separate Estate then the other one has, then the court may decide that more Community Property should awarded to the spouse having less Separate Property.
The Right to Reimbursement: Claims for reimbursement are factors that can be considered in dividing the community property. The approach involves the financial interrelationship between the separate estates and the community estate. Reimbursement rights can be complicated, and so, should be discussed with an experienced Texas Family Lawyer.
Tax Considerations: Tax liabilities, or tax losses, on property can be considered by the court when awarding that property in a divorce.
Improper Use/Waste of Community Assets: If one spouse intentionally reduces the value of Community property (perhaps, out of spite), or gives property to a paramour, then the court can alter the award to take that waste into consideration.
Attorney’s Fees & Costs of Litigation: If the divorce cost more than it should have, due to the actions of one spouse, then the court can consider that fact when making its division.

Those are some of the factors which a court may consider when dividing the Community Estate. Case law provides others that may, also, apply to your individual case. We would be glad to discuss your situation with you.

Also, we welcome any questions that you may have about the award of marital property in a Texas divorce.

How to Find a Divorce lawyer

Jun 23, 2014 | Divorce, Family Law

My Search For a Divorce Lawyer

Guest post by Ellen R

When you’re in the middle of a marital crisis, the last thing you need is to hunt for the right divorce attorney. My husband and I had separated and were exchanging terse emails, and I felt traumatized and not up to much of anything let alone Googling and asking friends (when I was embarrassed to even admit I was in this place). I called a lawyer friend and she gave me a few names. I went to their websites and entered contact information and we set up a call. I was first shocked at the hourly rate – she had given me the names of some of the top lawyers in the city – and the questions. What was our net worth? Did my husband have a personality disorder? Could I pay $10,000 for a retainer…today? One lawyer I talked to told me I was about to have a $90,000 lesson and I should think of it like paying for a college degree…NOT what I wanted to hear. A loan I’d made my husband would have to be written off, he said.

Finally I found a great lawyer through a friend with a reasonable hourly rate who seemed to have my interests and not his check in mind. Carefully, over several months, he corresponded with my husband and his lawyer and established a rapport with them, and then crafted a win for me. He practiced what is known as collaborative law, which is a low-tension form of working with opposing counsel to find the best resolution. A ‘win’ in divorce is of course not really a win, but it allowed me to keep my house and for my husband to make payments on the loan. This could never have been achieved in a fighting mode which would have caused them to dig in, but collaboratively, my lawyer was able to pose scenarios and fight for integrity through the process, appealing to fairness and he succeeded.

The lawyer you want to choose uses whatever method will yield the best results for his clients. He is able to work collaboratively with the other counsel and, if need be, to fight a battle, but his approach is based on his assessment of what will be most productive. Productive is key. Emotions are so cranked up that it’s easy to get stuck in them, and miss possibilities for solutions. David Heiman doesn’t miss those opportunities and working with him will dial down the stress when you experience his positive attitude.

On a personal level, David is warm and intelligent and truly cares about his clients’ difficulties and seeks to ease them through any legal channel he can. I highly recommend his services wherever you are in the Dallas area; it’s worth it to travel to his office in Lewisville.