A false allegation of domestic violence can have lifelong ramifications on a Dallas father’s rights.
The law in Texas that threatens Dallas dads’ rights – and also husbands without children – deems that if the wife or child has been the victim of family violence perpetrated by the husband, then the wife is eligible to receive up to five years of maintenance, provided that the spouse lacks sufficient property to provide for reasonable, minimum family needs.
Thus, spousal support is incentivized with an alleged scenario of violence that attacks fathers’ rights in Dallas.
This new law that awards an ex-wife up to five years in maintenance has severely wounded Dallas dads’ rights. The strategic abuse of false allegations of violence has been termed “tactical nuclear weapons” by Cordell & Cordell CEO Joseph Cordell.
Time and time again, Cordell & Cordell’s Dallas attorneys have seen orders of protection treat the man like a criminal when there is no basis for the endangerment claims. These men are law-abiding citizens and great fathers who see their rights challenged in court.
No man should have to pay for abuse that he did not commit.
Cordell & Cordell Is Dedicated To Dallas Fathers’ Rights
The inherent bias of the court system in favor of women exacerbates divorce for many men, which is why Cordell & Cordell is committed to protecting dads’ rights in Dallas.
The result of bias is that the judicial system – lawyers, judges, social workers, and the administration – is prone to often assume, without proof, that men accused of abuse are guilty of abuse and moms should automatically be the presumed custodial parent.
To protect yourself in the event of divorce, contact the Dallas fathers’ rights attorneys at Cordell & Cordell by calling 1-866-DADS-LAW.
Fathers that are facing a divorce or domestic battle should be well aware of the complexities of Texas divorce law that threaten Austin dads’ rights.
An Austin father’s rights may feel violated when the divorce is of no fault of his own but rather due to the misconduct of his wife. The vast majority of divorces are “no-fault,” meaning the marriage is beyond any reasonable hope of reconciliation, but when fault is involved – which, in Texas, includes grounds of adultery, abandonment, and cruelty among others – divorcing dads need to tread carefully.
This is because Texas considers marital misconduct when dividing property and determining the amount, duration, and manner of any alimony payments that may be awarded. So, a key advantage of alleging fault is to be awarded a disproportionate share of the community estate. The spouse alleging fault has the burden of proving it is true at court so it’s crucial to seek counsel that will empower you to protect yourself against accusations.
Cordell & Cordell Is Dedicated To Austin Fathers’ Rights
For the more than 20 years the divorce attorneys for men at Cordell & Cordell have represented fathers in family law matters, we can’t help but notice the challenges consistently facing one side of the table – the men’s side.
Cordell & Cordell fights for fathers’ rights in Austin by focusing on a “dads first” approach that clients appreciate. The Austin dads’ rights movement is not about being anti-mom or anti-female; it’s about fighting for fairness, for an equal opportunity to remain a vital part of your children’s lives post-divorce.
Men are notorious for thinking they are capable for taking care of their own business, but in the high-stakes world of divorce and child custody battles you need a partner you can count on.
Cordell & Cordell lawyers protect Austin dads’ rights every day whether it’s litigating in the courtroom or negotiating a settlement.
To schedule an appointment with an Austin fathers’ rights divorce attorney, please call 1-866-DADS-LAW.
Sometimes, marriage between two people just does not work out. Even if you are the one wanting the divorce, it can be a painful process. Disagreements can drag a divorce out, especially involving large assets or minor children. The experienced family law attorneys at Cordell & Cordell advocate for clients in family law matters, serving as their advisors and helping them have their day in court. We are here to help guide you through your Texas divorce.
Read through our Texas divorce and child custody articles to gain a better understanding of the road ahead. Educating yourself about the divorce process in Texas will improve your ability to communicate with your divorce lawyer, which goes a long way toward helping you reach your goals in Texas Family Court.
The divorce process in Texas begins when one spouse (the “petitioner”) files a petition for divorce in district court. The petition must state the grounds for divorce and describe what the petitioner wants the court to do. A divorce must address property division, and it may also need to address the following issues:
The petitioner must arrange to have their spouse (the “respondent”) served with the petition and other court paperwork. They can have a constable or a private process server do this. The respondent can also sign an affidavit waiving their right to service of process.
In an uncontested divorce, the spouses can negotiate a settlement agreement and draft a divorce decree. Texas law requires a 60-day waiting period before a court can grant a divorce. At the end of that period, the spouses can go to court and ask a judge to sign the agreed-upon divorce decree. The divorce becomes final when the judge signs the decree and the spouses file it with the district clerk.
A divorce is contested if the spouses do not agree on some or all of the terms. A contested divorce might include the following steps:
The respondent files an answer with the clerk. They may also file a counter-petition for divorce.
Either party may schedule a hearing on temporary orders addressing issues like child support, child custody, and use of the marital residence. These orders remain in effect until the court issues new orders or grants a final decree of divorce.
The parties can request documents and other evidence from one another in a process known as “discovery.”
The case could go to mediation, where a neutral mediator tries to help the parties reach a settlement agreement.
If the parties still cannot agree, they can schedule a trial. Most divorce cases involve a bench trial, which means that the judge will decide all of the issues. It is possible to have a jury trial in a Texas divorce, but these are rare.
Related Article: Divorce in Texas: Texas Divorce Law FAQs
Grounds for Divorce in Texas
There are seven grounds for divorce allowed under Texas law.
Insupportability
Living apart
Confinement
Cruelty
Abandonment
Conviction of a felony
Adultery
Insupportability means “discord or conflict of personalities” that has prevented any “reasonable expectation of reconciliation.”
Another ground for divorce is living apart. This ground requires that the “spouses have lived apart without cohabitation for at least three years.”
The third ground for divorce is confinement in a mental hospital, which requires that one spouse be confined in a state or private mental hospital for at least three years, plus the requirement that “the mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, relapse is probable.”
The next ground is cruelty, which occurs when one spouse treats the other spouse cruelly and living together is insupportable.
Abandonment can also be a reason for divorce and requires that one spouse has “left the complaining spouse with the intention of abandonment; and remained away for at least one year.”
Conviction of a felony and adultery are the last two grounds. It is important to note that the person alleging grounds for divorce must also prove those grounds. For example, when a spouse suspects adultery, that spouse may not be able to prove the adultery occurred.
In order to file for divorce in Texas, certain residency requirements must be met. First, a party must be a domiciliary of the state for the preceding six-month period. A domiciliary of the state means a person who primarily lives in that state.
The second requirement is that a party must be a county resident in which the suit is filed for the preceding 90-day period. However, a spouse who does not live in the state may file a case against a spouse who lives there as long as that spouse meets both of the abovementioned requirements.
Texas Property Division Process
Texas has three basic categories of property in divorce cases: separate property, community property, and mixed property. State law presumes that all property is community property, which means it belongs to the marriage, not an individual spouse.
Texas defines separate property as:
Property “claimed or owned” before the marriage;
Property acquired by gift or inheritance; and
Settlements or awards for personal injuries, with some exceptions.
A spouse can rebut the community property presumption by showing that the property is their separate property. This is a heavy burden of proof, but it is possible with enough documentation and evidence.
Property becomes mixed when both the community estate and one spouse’s separate estate have an interest in it. One estate may have a right to be reimbursed from the other estate.
Debts fall into the same categories. A debt incurred during the marriage, for example, is presumed to be a community debt unless evidence shows that a lender agreed to look solely to one spouse’s separate estate to satisfy the debt.
Once a court has determined the character of the assets and debts, it will divide the community estate based on what is “just and right.” This standard requires the court to consider numerous fact-specific factors.
Texas courts look favorably upon amicable agreements and settlements of domestic disputes. The Texas Family Code provides that parties may enter into a “written agreement concerning the division of the property and the liabilities of the spouses and maintenance of either spouse,” and this agreement can be revised or repudiated before a divorce or annulment is granted unless provided for in another rule or law.
Furthermore, if the court finds that the terms of the agreement are “just and right,” then the terms are binding. If the court finds that the terms are not “just and right,” the court may have the spouses submit another amended agreement or even set the case for a contested hearing.
Texas Child Custody Laws
In Texas, courts divide “child custody” issues into two categories:
Conservatorship; and
Possession and access.
Conservatorship consists of parents’ rights and duties, including decisions for the child regarding schooling, medical and psychiatric care, and other important matters.
Courts can grant two types of conservatorship:
Joint Managing Conservatorship: Both parents have the right to make important decisions affecting the child’s health, education, and welfare. They can make some decisions independently, but they must consult with one another on major decisions, such as invasive medical treatments or significant changes to a child’s education.
Sole Managing Conservatorship: One parent has the exclusive right to make major decisions for the child. They do not need to consult with the other parent in advance, but they might need to notify them. Either parent can still make relatively minor decisions for the child during their periods of possession.
Courts consider many factors when determining the rights and duties of the parent(s). The most important consideration is what will be in the “best interest” of the child.
Possession and access refer to physical custody of and visits with the children. Texas has two statutory possession and access schedules: standard and extended standard. These schedules dictate the time each parent spends with the child, but only when the parents cannot agree on a schedule.
Courts encourage parents to agree on possession and access schedules that meet their needs and their child’s needs. A court can order a different possession and access schedule based on the best interest of the child.
Texas Child Support
Texas law provides that the duty by either or both parents to support a child until one of several events occurs.
Child support generally ends when the child is 18 or graduates from high school, whichever comes first, or may end when the child is emancipated or the child dies. If a child is disabled, the court may order child support for an indefinite period.
There is a presumption that the amount of child support is computed as a percentage of the paying party, known as the obligor’s monthly net resources, based on the number of children for which support is obligated. This is known as “guideline support.”
The basic calculation for guideline support begins at 20% of the obligor’s net resources for one child, increasing by 5% for each child until six children, at which point the amount is not less than the amount for five children. A party can ask for more than guideline support by showing that it is in the best interest of the child to deviate from those guidelines. It is also important to note that there is a maximum amount of child support that the court can order.
Temporary Orders During a Texas Divorce
Legal separation is not recognized in Texas. However, upon filing a divorce or other family matter, a party may request the court enter a temporary order during the course of the case.
Temporary orders allow the parties to get agreed upon or court-ordered “rules” governing various aspects of the domestic arena, including child conservatorship, possession and access, child support, property division, spousal support, and various other items.
Paternity as it Relates to Texas Divorce
Texas law provides several ways to establish paternity:
Presumption of paternity: State law presumes that a man is the father of a child born during his marriage to the mother. He can challenge this presumption in court, or another man can acknowledge paternity. This must occur before the child’s fourth birthday.
Voluntary acknowledgment of paternity: A man can sign an affidavit acknowledging that he is a child’s father. This has legal effect if the form meets the Texas Family Code’s requirements and the mother also signs it.
Adjudication of paternity: A man can file a Suit to Adjudicate Paternity or dispute paternity in an ongoing divorce or child custody case. The court may order DNA testing to determine whether he is the father.
Texas family law uses the term “spousal maintenance” instead of “alimony.” Spousal maintenance may be available in two specific circumstances:
The spouse from whom maintenance is requested was convicted or received deferred adjudication for family violence no more than two years before the date the divorce proceeding began; or
The marriage lasted more than ten years, the spouse seeking maintenance does not have enough resources to provide for their “minimum reasonable needs,” and:
They cannot support themselves because of an incapacitating physical or mental disability;
They are the custodian of a child of any age who needs substantial care because of a physical or mental disability, making it impossible for them to obtain outside employment; or
They do not have the earning ability to provide for their minimum needs.
The court will review specific statutory factors when determining the “nature, amount, duration, and manner of periodic payments.” These include the length of the marriage, the standard of living enjoyed during the marriage, and each spouse’s health and earning capacity.
Typically, a spousal maintenance obligation is limited to five to ten years. The Texas Family Code does provide an exception that allows lifetime maintenance if a spouse is permanently disabled. The maximum amount of spousal maintenance that a court may order a spouse to pay is $2,500.00 per month or 20% of the spouse’s gross monthly income, whichever is less.
*Jenkins, Joan Foote and Wilhite, Randall B., O’Connors Texas Family Law Handbook, 120 (2010).
Why Work With Cordell & Cordell
Cordell & Cordell has decades of experience helping clients deal with the emotional and financial challenges of divorce. Our thousands of satisfied clients understand that we are here to help them get through the most difficult challenges they have faced.
“My attorneys have been great over the 4 years of my case. The support I have received from the firm over the duration of my case has been outstanding. My attorneys treated me as a person and not just as another case. I felt they were concerned about the issues I was personally facing and that meant a lot to me. Thank you!” – Brian H.
“I am very very happy. [My attorney] was timely with responses and that is not something you get often these days so that really stood out. She was very personable and didn’t speak like a robot like some polished people in suits do. I really felt like she was on my side.” – Robert S.
“[My attorney’s] ability for depositions was great. He’s really good with questions and keeping things on track and organized mentally. He’s a great attorney.” – Jonathan U.
Providing Helpful Divorce Resources Across the Nation
Cordell & Cordell is a family law firm helping clients with various family law issues. This page serves as a resource and is not to be taken as legal advice. To learn more, contact the firm today by calling 866-323-7529 or filling out our online contact form.
Megan Minchew Evitts, who is a divorce attorney in The Woodlands, has the passion and dedication required to help those who are going through some of the hardest times of their lives.
“I am compassionate and understanding of all client feelings and emotions,” Ms. Minchew Evitts said.
While divorce requires a sense of composure and even-handedness from an attorney’s perspective, Ms. Minchew Evitts understands how emotionally trying the experience can be for her clients. While she remains calm and collected as she puts together a game plan, she reassures her clients by letting them know that it is an entirely normal struggle with the process.
“I would tell my client that it is OK to express their feelings in any way they need in order to handle the process that they are about to embark on,” she said.
Houston family law attorney Kara Garcia knows firsthand how trying a divorce can be. She herself went through a difficult divorce, and that experience imparted in her a deep sense of empathy that allows her to relate to what her clients are going through.
“I want to be able to help others through a difficult time in their life,” she said.
Ms. Garcia always emphasizes the importance of compromise during a divorce. While she is a steadfast advocate for her client, she also recognizes the value of working with the other side in order to come to an agreement that eases the transition through divorce for both parties.
“In a family law case, neither side leaves feeling that they ‘won’ or got everything they wanted,” she said. “It is important to prioritize what is most important to them and fight the hardest for the important issues.”
Dallas divorce attorney Lauren Gilbert saw her parents go through a contentious divorce as a child. She knows the kind of turmoil that the process can inflict on families, and that is why she has made a career of practicing family law.
“I want to counsel clients through the difficult process to end up with the best result for the whole family,” Ms. Gilbert said.
Ms. Gilbert is a creative problem-solver. That skill comes in handy when practicing family law. Sometimes the divorce process requires some outside-the-box thinking in order for the parties to come to a reasonable agreement or settlement.
“Family law proceedings can be as friendly or contentious as the parties choose to make them,” she said. “My role is to advise the clients of their different options and help them reach the best possible outcome.”
Experiences in Elise Stremel’s personal life eventually led her to a career practicing family law. The San Antonio divorce attorney wanted to represent individuals going through difficult times by personally ensuring they receive the best representation possible.
“I take the time to intently listen to my clients and what their specific problem is,” Ms. Stremel said.
Ms. Stremel stresses the importance of clear communication with her clients during a divorce. No matter what family law matter she might be working on, Ms. Stremel emphasizes that the attorney-client communication process must be a two-way street.
“I will be 100 percent open and honest with my client about what is going on with their case,” she said, “and I, in turn, expect the same.”
Dallas divorce attorney Benjamin Redleaf enjoys family law because he feels like he is truly able to help people who need it.
“I love being able to shepherd someone through a difficult period in their life and help them start the next chapter,” Mr. Redleaf said.
Mr. Redleaf is a results-oriented litigator and is always invested in achieving as much of a positive outcome for his clients as possible. He always tells his clients that he views himself as being in the customer service business and he practices law with that in mind.
“I believe that providing great customer service in family law means developing a strategy with the client to achieve their goals in as an efficient manner as possible, making myself as available to my clients as they need, and being frank and honest with my clients about their case,” he said. “Going through a divorce or child custody issue can be a difficult and emotionally trying time. I want my clients to feel like they are not alone in the process and that they have someone they can count on to try and help them however I can.”
Dallas divorce attorney Patrick J. Kelly practices family law because of the opportunity it gives him to work with people during the difficult time of a divorce and protect their rights.
“Nothing is more important than being a good parent,” Mr. Kelly said, “and nothing is more fulfilling than assisting clients in doing what is in the best interests of their children.”
Mr. Kelly applies the same work ethic and determination to the practice of law that he has practiced his whole life and strives to provide clients with high quality, personal, and cost-effective legal services.
In his first family law trial, Mr. Kelly prevailed, winning primary custody for a single father. Since then, he has remained a passionate advocate for his clients and works well with all parties to get the best possible outcome.
“I have a goal-oriented and solution-focused approach, which enables me to effectively manage both the emotional and financial cost of divorce,” he said. “This approach, coupled with my determination to do the best possible job, helps my clients achieve the most favorable results.”
Growing up, Tomekia Lee-Chaney experienced firsthand the effects of a divorce. She vowed to become a family law attorney at first thinking divorce attorneys help reconcile marriages. But as the years progressed she learned lawyers are actually there to minimize the effects of a divorce.
“I chose to remain steadfast in my dreams to practice family law, but to do so in a manner that would cause the least amount of change and hardship for children who are now like I was once before,” Ms. Lee-Chaney said.
She is a trial attorney by nature and loves being in the courtroom.
“Anytime I have the ability to try a contested family matter, I never miss the opportunity,” Ms. Lee-Chaney said. “I am a trial litigator who advocates for my client without any hesitation.”
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