Tag Archives: divorce

5 Myths About Divorce You Shouldn’t Believe

Divorce can be a trying process. It can be especially confusing and hurtful when misinformation and myths taint your outlook on divorce. To protect your mindset, there are some myths you must stop believing now.

1. My Spouse Is At-Fault, So I’ll Walk Away With Everything

We know this is an emotional time. It’s normal to want to retaliate against someone who hurt you. Yet, in Texas, marital property belongs to both you and your spouse—no matter who’s at fault. Trust that the court will work to divide your assets equitably and fairly.

2. The Court Always Favors the Mother When Making Custody Decisions

The court will do what they feel is in the best interest of the child. In many cases, the mother has been the primary caregiver for the child, resulting in the mother being chosen for custody. Yet, the court doesn’t favor one party over the other. Instead, they’ll consider all facts before making a decision.

3. Keeping Property in My Name Will Protect It From Division

Separate property is property you acquired before the marriage. While it may be protected in divorce, you risk losing it if you commingle it with marital property. For example, if you use your inheritance to purchase your marital home, those funds are no longer separate. 

Regardless of whose name is on a title or loan, you’ll still have marital interest. It’s up to the court to decide how to divide all marital property.

4. I Need My Spouse’s Approval Before Getting a Divorce

Many years ago, the court required you to have spouse approval before getting a divorce. Now, one spouse can file for a contested divorce. There is no legal requirement stating your spouse must agree to the divorce for the court to grant it.

5. I Can Get Divorced Without the Help of an Attorney

Many DIY solutions exist in the legal industry, especially for divorce. Yet, divorces are difficult and complex situations that require a professional to best protect your interests. A divorce attorney can help you decide which steps are best for you to take and fight on your behalf.

Questions About Divorce? Let the Schneider Law Firm Team Help.

Each divorce is unique. You need the support of a professional attorney who can help protect you. To learn more about your divorce or to speak with an attorney, give our Arlington law firm a call at 817-799-7125 or send us a message.

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/

How Will a Global Pandemic Affect Divorce Rates?

As many Americans face lockdowns with their spouses–and more quarreling in already tense relationships–they find themselves wondering if divorce is looming on the horizon. How do significant historical events affect the divorce rate? And what does this mean for us?

Divorce and 9/11

Sometimes, when things are uncertain, couples seek comfort with the familiar. One notable example is 9/11. Immediately after the terrorist attacks in New York City, the divorce rate dropped by 32%. The rate dropped in New York and the surrounding area, as well as in other large cities, like Los Angeles.

A similar divorce rate drop happened after the Oklahoma City Bombing in 1995. Couples simply chose to stay together rather than separate during a difficult time. However, the divorce decrease may not have lasted that long. While couples chose to stay together immediately following the event, the divorce rate eventually increased in the long term.

Divorce and the Wars in Iraq and Afghanistan

One study of military families found an increase in the divorce rate for soldiers deployed to Iraq and Afghanistan after 9/11. The divorce rate directly correlated to the amount of time the military spouse was deployed in a war zone. 

Couples that experienced deployment to war zones were 28% more likely to divorce within three years of marriage, compared with couples that experienced similar deployment in more peaceful times before 9/11.

The 2013 RAND Corporation study found that, after deployment to Iraq and Afghanistan, couples faced the increased stress of being apart, as well as the stresses that can come when a military spouse returns to civilian life–like PTSD.

Divorce and Natural Disasters

Stress of all types can have an impact on the divorce rate. Studies have generally found that the stress of natural disasters drives couples apart. After Hurricane Katrina devastated New Orleans, for example, the divorce rate notoriously spiked. Divorce rates also increased after Hurricane Hugo, Hurricane Andrew and Hurricane Sandy.

Divorce and COVID-19

The New York Times recently reported that, in China, where the novel coronavirus forced hundreds of millions of people into lockdown, the number of divorce applications surged in at least two Chinese provinces when restrictions were lifted.

So, how will coronavirus affect the divorce rate globally? Only time will tell. The global pandemic is unprecedented. While there have been other pandemics, this one comes at a unique time in American history where divorce is more accepted than earlier in history.

Reach Out to Our Team for Divorce Help

At the Schneider Law Firm, P.C., we understand the major stresses that COVID-19 and the things that come with it–like social isolation and job loss–can put on a marriage. If you would like to seek legal counsel, our attorneys can help you achieve the best possible outcome. For a confidential consultation, call our Arlington office at 817-755-1852 or send us a message.

Sources: 

https://www.nytimes.com/2020/03/27/world/coronavirus-lockdown-relationships.html

https://www.rand.org/news/press/2013/09/03.html

https://slate.com/technology/2012/11/sandy-birth-divorce-and-marriage-rates-how-disasters-influence-families-and-relationships.html

Do I Need a Lawyer to Help Me With My Texas Divorce?

Do I need a lawyer for my Texas divorce? It’s a common question. Sometimes, to save money, people will see what they can do to go through a divorce without a lawyer. There are resources available to help you do it, and there is no law that requires people to have a divorce attorney.

Still, the court holds individuals to the same high standards that it holds lawyers. If you handle your own divorce case, Texas family courts will expect you to know which documents to file, how the process works, and the rules of court. 

Getting a Divorce Decree Without a Lawyer

Further, your divorce decree will be just as binding if you do not have a lawyer (unless there are unusual circumstances). That means that you will be held to child support orders, property division decisions and parenting plans ordered by the court. This could be good news – representing yourself can be very effective.

However, it can also be very bad news. What if you aren’t fully aware of the best ways to protect your rights in a divorce? What if you’re missing critical details? You could be agreeing to an unfavorable outcome that a good attorney would have protected you from.

Remember, your divorce is one of the most significant life events you may experience. It should take priority. In the same way that you wouldn’t handle your own surgery after only doing internet research, you shouldn’t handle your own legal affairs without experienced help.

Do I Need a Lawyer for My Texas Divorce? | Schneider Law Firm, P.C. | iStock-1053768310
817-755-1852 – No law requires people to have a divorce attorney in Texas, but having one is a very good idea. Talking with a lawyer at Schneider Law Firm, P.C., can help you get started.

That’s why it is extremely important to talk with a lawyer, especially if any of the following things are true:

  • You are a victim of domestic violence and are afraid for your safety
  • You have a disability or have a child with a disability
  • Your spouse already has a lawyer
  • You have a lot of debt or important property, like a home, retirement accounts or a business
  • You need spousal maintenance/alimony
  • You think it’s likely that your spouse may not be acting fairly

Having an Attorney Means You Don’t Have to Do It Alone

Walking into a Texas courtroom by yourself can be one of the most intimidating things you ever do. If you have a lawyer by your side, you don’t have to go alone. When you walk into the room and see the judge, your ex and maybe even your ex’s lawyer, you’ll know that you have someone experienced and knowledgeable by your side. You’ll have someone to tell your side of the story and to forcefully advocate for the best possible outcome.

Thinking You May Need a Lawyer?

If you think you might need a divorce attorney, it’s worth it to schedule a consultation. At the Ft. Worth office of the Schneider Law Firm, P.C., our attorneys can answer your questions about divorce, guide you through the process and help you achieve the best possible results. Call 817-755-1852 to talk with us about your situation.

The Effects of Divorce on Children

In the past, we’ve written about how child development is affected when Texas couples divorce. A study, which included 8,000 people, found that divorce can have a substantial impact on a child’s ability to form relationships later in life. But, how does divorce affect children during childhood? And what can parents do to minimize the impact?

Research Shows the Biggest Impact Is in the First Few Years

While some children may feel a lifelong impact from their parents’ divorce, research shows that most children feel the biggest impact in the first year or two after a divorce. A study published in the journal Family Law Quarterly concluded that children commonly feel stress, anxiety, anger and other strong feelings immediately after the divorce. But, most of the time, they are naturally resilient and bounce back quickly.

Effects of Divorce Are Different at Different Ages and Stages

Not all divorces affect children in the same ways. All families are different, but children can be impacted differently depending on their developmental stages. For example:

  • Very young children may struggle to understand why the divorce is happening or why their home lives are different.
  • School-age children may blame themselves for the divorce or spend time wondering if things could be their fault.
  • Tweens and teens may become angry, blaming one parent or resenting necessary lifestyle changes. Research has also associated divorce and adolescent adjustment problems, like getting bad grades in school or disruptive behaviors.

The way you address these impacts also depends on your child’s developmental stage. No matter what, it’s important to pay attention to how your child is affected and to take steps to work through matters with them. If you are looking for warning signs—like anxiety or anger—you’ll be better prepared to help minimize the impact of your divorce on your children.

The Effects of Divorce on Children | Schneider Law Firm, P.C.
817-799-7125 – Research shows that most children feel the biggest impact in the first year or two after a divorce, and the effects of divorce are different at different ages and stages.

How to Minimize the Impact of a Divorce on Your Children

There are many ways to minimize the impact of a divorce on your children. One of the most important is to avoid putting your child in the middle of family conflict. That means not talking badly about your ex to your children, not forcing children to choose between parents, and avoiding oversharing of sensitive or emotional information.

You can also try to help keep as many routines as possible in place. Continue attending events you always attended with your children and stick to family routines. Of course, things will be different, but comfort and consistency can help support your child through the challenging first year after a divorce.

Divorcing With Kids? Contact an Attorney.

If you need legal help protecting the best interests of your children during your Texas divorce, call the Arlington office of the Schneider Law Firm, P.C., at 817-799-7125. Our Texas divorce lawyers are here to support you and your family.

Sources:

Your Temporary Orders Hearing: What to Expect

Ideally, a divorce will reach a resolution as quickly as possible. But that’s not always the case. Because divorces can take some time and life goes on, Texas courts often issue temporary orders that stay in place through the duration of the divorce. The temporary orders can protect your interests during the divorce process. Those orders are issued after a temporary orders hearing; here’s what to expect from them and the process.

The Temporary Orders Hearing Process

You may request a temporary orders hearing by having your lawyer file a “Petition for Temporary Orders” at the same time they file your other divorce documents with the court. The petition should outline the orders you are seeking, as well as the date and time of the hearing (your lawyer’s office will arrange this).

For most people, the temporary orders hearing is the first time they appear before the judge in the divorce process. It’s important to make a good impression at this hearing. 

Follow your attorney’s directions and allow them to do most of the speaking for you. The judge will likely ask questions of both parties’ lawyers so that he or she can come to a decision on the orders you’re seeking.

You probably won’t hear from the judge exactly what the temporary orders are at the hearing. Usually, the judge hears both parties’ sides. After the hearing, they deliberate on the best solution before issuing the order.

Your Temporary Orders Hearing | Schneider Law Firm, P.C. | iStock-619735158
817-755-1852 – Here’s what to expect at your temporary orders hearing in Texas, including what orders the court may make.

Issues the Court May Decide Upon During This Process

There are many different issues that can come before a judge during a temporary orders hearing, including:

  • Temporary child custody, including possession and access
  • Child support
  • Possession of an item in dispute, like the family cars
  • Health insurance

Temporary Orders Can Lead to Permanent Ones

While these orders aren’t permanent, it’s important to note that they can have a huge impact on the final outcome of the divorce. In many cases, temporary orders become the arrangement that the family grows accustomed to. During the finalization of the divorce, it makes the most sense for the court to issue a final order that is similar to the temporary one. That’s why your attorney will take the temporary orders hearing seriously. 

Contact Us for Help With Your Divorce

If you’d like more information about temporary orders during a Texas divorce, you might also be interested in our Q&As about temporary orders. And if you’re considering a divorce, talking with a lawyer is a good way to get real information about things like temporary orders. For a confidential consultation, call our Ft. Worth office at 817-755-1852 .

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm

What Is Considered Abandonment in a Texas Divorce?

Marriage can be hard. And, when things get hard, some spouses walk away. When a spouse leaves the relationship, it can be confusing for the remaining spouse to know what to do. Texas law offers guidance, and the lawyers at the Schneider Law Firm, P.C., can help protect your interests.

Abandonment as Grounds for Divorce

Abandonment is one of seven different “grounds for divorce” listed under Texas law. Abandonment can be grounds for divorce if your case meets two different requirements:

  1. Your spouse left with the intention to abandon you
  2. Your spouse stayed away for at least a year

This can be challenging to prove. To use abandonment as grounds for divorce, you must show the court that your ex-spouse left with the intention to never come back. Just leaving is not enough. The intent to leave you permanently must also be there.

Further, the spouse must have been gone for at least a year. Logistically, this can be a problem for the spouse left at home, as they struggle to pay the bills and take care of the children. It’s hard to make ends meet as a single parent before a divorce is filed and a child support order is issued.

Abandonment in a Texas Divorce | Texas Divorce
817-755-1852 – When a spouse leaves the relationship, it can be hard for the remaining spouse to know what to do. The lawyers at the Schneider Law Firm, P.C., can help.

Emotional Abandonment 

Physical abandonment is most-often considered when discussing abandonment as grounds for divorce, but emotional abandonment can be a factor in a divorce, too. Emotional abandonment happens in situations where one spouse has given up all interest in the other spouse. For example, when one spouse has become so addicted to drugs that they cannot be emotionally present for their spouse, they may be seen to have emotionally abandoned the marriage. Talk with your attorney about your options if you feel that your spouse has emotionally abandoned you and your family.

Abandonment: What Courts Can Do

If a judge finds that your spouse has abandoned you, he or she might divide your community property accordingly. Judges have the power to divide property in relation to fault in a marriage. You may be entitled to receive a greater share of community property if your spouse has left the marriage and is not coming back.

When a Spouse Has Left, Get Legal Help

At the Ft. Worth office of the Schneider Law Firm, P.C., our attorneys can answer your questions about abandonment by a spouse. We can help you understand the divorce process and what next steps to take. Call 817-755-1852 to talk with us about your situation.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm