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A History of Divorce

Even though it may seem like it only exists in modern times, divorce is not a new phenomenon. The history of divorce is long and interesting. At the Schneider Law Firm in Fort Worth, Texas, we guide clients through the divorce process nearly every day. We’ve developed an appreciation for the legal and emotional complexities that have been intrinsic to divorce since the beginning.

Henry VIII and Catherine of Aragon: A Notable Divorce

The most celebrated divorce case in history involves the marriage of Henry VIII and Catherine of Aragon. Beginning in 1527, Henry VIII begin asking Pope Clement VII to annul his marriage to Catherine. The Pope refused to grant the annulment. Finally, in 1533, he broke with Rome and created the brand new Church of England. Under the rules of the new church, he was able to end his marriage. The end was technically an annulment, although many people talk about it as a “divorce.”

The end of this marriage with a new church did not lead to a rash of divorces and annulments in England. The Church of England turned out to be even stricter than the Catholic Church when it came to granting annulments. In Protestant England, it was relatively rare for couples to end their marriages.

The First Divorce in America

The first recorded divorce in America took place when Massachusetts was still a Colony. The records show that Denis Clarke was accused of abandoning his wife Anne Clarke for another woman. Denis and Anne had two children together, and Denis and the other woman also had two children together. When Denis refused to return to Anne, the court punished him by granting Anne a divorce.

No-Fault Divorce: The Beginning of Modern Divorce

In 1969, when Ronald Regan was governor of California, he made a political move that he later listed as a major regret. Seeking to end the long court battles and false allegations that often came with at-fault divorces, he signed into law the country’s first no-fault divorce act. The act removed the requirement that one spouse must be at fault for the end of the marriage, and it led to similar acts being signed into law in almost every other state.

In the years that followed, the divorce rate more than doubled. Divorce rates did not continue to climb exponentially, however. Divorce rates have ebbed and flowed with the times, and many societal factors continue to affect them.

If You Need Divorce Help, Call Us Today

At the Ft. Worth office of the Schneider Law Firm, P.C., our attorneys can answer your questions about the divorce process and help protect your rights no matter what challenges you are experiencing. Call 817-755-1852 to talk with us about your situation.

Sources: 

https://www.smithsonianmag.com/history/heartbreaking-history-of-divorce-180949439/

https://www.history.com/this-day-in-history/first-divorce-in-the-colonies

https://www.nationalaffairs.com/publications/detail/the-evolution-of-divorce

Who Gets to Stay in the House During a Divorce?

The family home is the most commonly divided piece of property during Texas divorces. It’s also one area of deepest concern for divorcing couples. Dividing a family home is more than just a financial question. Family homes come with many sentimental attachments, and they can be the center of family life. So, who gets to stay in the house during a divorce?

Texas Law on Division of Real Estate

Generally, Texas is a community property state. Texas law divides property acquired during the marriage equally. Each spouse contributed to the finances, so each should get an equal share. Of course, things can be complicated. When one spouse purchased the family home before the marriage, it may be treated as separate property. Or, a portion of it may be treated as separate property. 

Because you can’t divide a house in two, divorcing couples may decide that one spouse stays in the house and the other gets a greater portion of the assets. They may also decide to sell the home and split the proceeds equally, or that one spouse can stay in the home, and the other gets a portion of the equity.

Temporary Orders While a Divorce Is Pending

At the beginning of the divorce process, your lawyer may ask the court to issue a temporary order affecting things like child custody, child support and the family home. The temporary order may say that one spouse resides in the home while the divorce is pending, until the final resolution of the divorce.

Negotiation, Mediation and the Family Home in Divorce

During the divorce process, you and your spouse will have a chance to negotiate important matters like child custody. If staying in the family home is important to you, let your attorney know. Your lawyer can negotiate on your behalf to help you stay in your home.

Sometimes, couples engage in mediation to resolve their divorces. In mediation, couples can decide how to divide their assets. While a court might divide community property equally without special considerations, couples who are open to working together to make decisions about their futures can have greater control over the outcomes of their divorces.

At the Schneider Law Firm, P.C., we work to protect your interests during a divorce. For a confidential consultation, call our Fort Worth office at 817-755-1852. We can answer your questions about the division of real estate in Texas and about your family home.

Source: 

https://texaslawhelp.org/article/divorce-real-estate

How to “Get Over” a Divorce

“How to get over a divorce” is one of the most common questions that people ask Google. The answer is complicated. There’s no way that a person can “get over” divorce—the life experience personally changes a person. Yet, there are many proven ways to move forward with your life after a divorce.

Get Support From People Who Lift You Up

Don’t go through this alone. When you’ve gone through a divorce, you need support from people who can help you move forward with your life. Surrounding yourself with the right people is critical. Those people may be professionals, like a good therapist, or good friends you can connect with.

Although you might be reluctant to try it, there are also many support groups for recently divorced people. Trying out a support group might be an unexpected source of strength.

Take Time to Explore Your Interests

Divorces often take up so much energy it can feel impossible to focus on anything else—especially when children are involved. But, sometimes making time for those other things turns out to be the best way to move forward.

More than thinking about what you’ve lost, think about the opportunities you have to try new things or to return to things you once enjoyed. Divorces can mean new exercise routines, classes, travel and experiences that you otherwise would not have been able to enjoy.

Take Care of Yourself

“Self-care” is a hot topic, but it’s also important. When you’ve just gone through a divorce, know that everything doesn’t have to be normal right away. Give yourself time to grieve the loss of a significant part of your life and go easy on yourself. If you don’t eat healthy food 100% of the time, if you stay home instead of going out, if you don’t volunteer for that extra project at work, that’s all okay. Rest can give you the strength to move forward to a new phase of your life.

Think Positive

It can be easy to get caught up in negative feelings related to your divorce but try to stay positive. Thinking positively can help give you the energy and hope you need. It is possible to get over a divorce—meaning you can embrace the future and make your future something great.

Questions About Your Divorce? Contact an Attorney.

Call the Arlington office of the Schneider Law Firm, P.C., at 817-799-7125 to talk with us about your family law needs during a divorce or afterward. Our Texas divorce lawyers are here to support you and your family.

What Are the Most Common Reasons for Divorce?

Researchers have conducted many studies on divorce over the years. While studies produce differing results, there are some common themes. At the Schneider Law Firm, P.C., serving Arlington, Texas, we find that our clients commonly have experienced the following issues in their marriages.

Infidelity: Not Staying Faithful

Studies often list cheating as a leading cause of divorce. Infidelity can lead to divorce because it often represents a breach of trust that couples struggle to overcome. When infidelity occurs, it permanently shifts the dynamic in the relationship. Some marriages end right away. Other times, couples try to overcome the infidelity but find they are unable to.

Incompatibility: Differing Values and Interests

Incompatibility is a big category, and there are many different reasons that couples can be incompatible. We often talk with people who cite incompatibility as a reason for their divorces. It can happen when couples were not clear and honest with each other before entering into the marriage. It also happens when people change over time.

Incompatibility can involve differing ideas about:

  • Whether or not to have children
  • Finances, including where money is spent and keeping good financial habits
  • Faith and religion

Substance Abuse: Drinking or Drug Use

Substance abuse and divorce are inextricably intertwined. Marriages are statistically more likely to end in divorce when one or both partners drink in excess or use drugs. Often, issues span generations. Partners with substance issues commonly have grown up in homes with parents who abused substances, and those parents were more likely to be divorced. 

Growing Apart

People don’t stop changing after they get married. They continue to develop, reaching different stages and changing their viewpoints on issues. Especially when people marry young, they find that their ideas about themselves, their goals and the world change substantially.

When you change—and when your partner changes—it’s possible to realize you no longer want the same things and you and your partner would be happier if the marriage ended.

If You’re Thinking About Divorce, Talk With a Lawyer

If you are considering a divorce—no matter the reason—talk with the lawyers at the Schneider Law Firm, P.C., in Arlington at 817-799-7125. Consultations with our attorneys are confidential. We can talk with you about your options and help you understand what steps to take.

Sources: 

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4012696/