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Texas divorcees hunt for Dallas for dating

You walk into a club where you used to go on dates or looking for dates, where you used to feel comfortable flirting or dancing or having a cocktail, and, suddenly, you see the obvious-you could have given birth to these kids.

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At the outset, you should be absolutely sure that your marriage is beyond saving. If you are uncertain or if there is any chance you and your spouse may get back together, go see a marriage counselor — not a lawyer. A counselor can actually help you and your spouse work through your emotional and relationship problems. That is not the job of your divorce lawyer.

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Divorce is a topic that has many myths and misconceptions, which often affect people once they are in the divorce process.

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Many people believe that men file for divorce more often than women; however, researchers have found that, across America, at least two-thirds of divorces are filed by women. After divorce, women are typically happier than their exes. Studies show that, although men experience an increase in financial well-being following divorce, divorced women undergo less depression.

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Nationwide, more American women are living without a husband than with one. This is because women are marrying later, are more likely than men to delay remarriage, and are living longer as widows.

This article, however, will address and focus on some of the most common misconceptions about divorce and provide information that everyone should know before filing for divorce. These actions can expose both parties and attorneys to civil liability and criminal penalties. For example, under Texas law, it is a crime to install a tracking device on a vehicle owned by another person.

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Both federal and state wiretapping laws apply to divorcing spouses, and a spouse may sue for invasion of privacy. Federal law regulates electronic surveillance of conversations and access to e-mails, faxes, and voic. The law imposes civil and criminal sanctions for intentional interceptions of electronic communications.

However, accessing e-mails after they have been transmitted, for example downloading them from the hard drive of the family computer, is not an offense under the Federal Act. Texas has similar laws prohibiting interception of communications. Attorneys are also liable under these laws if they disclose information from the intercepted communications provided by their clients.

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Both federal and Texas laws permit recording of telephone calls and other electronic communications with the consent of at least one party to the communication. Obtaining information illegally, however, can expose that person, even if he or she is a spouse, to civil liabilities as well as criminal prosecution. Texas recognizes a right to privacy that is violated if someone intentionally intrudes upon the private affairs of another person by offensive means.

If the spouse sues, the suing spouse can recover money damages, including punitive damages.

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First, only community property may be divided in a divorce. The court may not award the separate property of one spouse to the other. In the case of Murff v. Murff, the Supreme Court of Texas set out the most important factors to consider in a just and right division of the community property:.

The disparity of incomes or earning capacities of the spouses. Benefits that the party not at fault would have derived from a continuation of the marriage. Business opportunities of the spouses.

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Education of the spouses. Relative physical conditions of the spouses. Relative financial conditions of the spouses. The nature of the property to be divided. Fault in the break-up of the marriage. Attorney fees of the parties. Courts recognize that mathematical precision in dividing property in a divorce is usually not possible.

The top things every woman (and her husband) should know before filing for divorce

When there is less property to divide, an uneven division is more likely. A spouse can be entitled to more than 50 percent of the community estate.

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If these or similar factors are present, a divorcees should advocate for an uneven division of property is just and right. Though other areas of a divorce decree may be modified, such as child support or parenting time, the property division is final. Even though property can have emotional ificance, a divorcing woman should think wisely about how it should be divided. For example, the family home is a hotly contested subject in many divorces.

Women may Texas to hang onto the house for emotional reasons or to benefit the children, but sometimes it can be smarter to let dating go. Where the woman is the lower-earning spouse, paying the mortgage on her income alone may be difficult, if not impossible. Additionally, she will need to budget for maintenance, repairs, and increasing property taxes. Lastly, in order to keep the house, she may have to trade away other assets.

A woman can find herself in a much worse financial position if, Dallas order to keep the equity in the house, she trades away cash s or retirement benefits. She can find herself facing both increased housing costs and fewer liquid assets to pay for them. The lower-earning spouse also does not have the same ability to replenish retirement and investment assets as the higher-earning spouse.

This is one reason why men are typically financially better off after a divorce. In negotiating a property settlement, a woman should not give up her financial security for a house that she may not be able to afford in the long run. Debts, like assets, are part of the community estate and are divided in a divorce. Texas has some surprising rules regarding who is responsible for debt incurred during the marriage. Even if a husband ed up for a separate credit card and ran up debt, the wife can still be held responsible because the husband is pd to have ed on behalf of the community estate.

Some divorce decrees will divide debt and as responsibility to one spouse or the other.

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However, a second surprising rule about divorce debt is that, even if the decree ass a debt to the husband, a creditor may be able to come after the wife for payment. The divorce decree cannot alter the original agreement between the spouses and the creditor. If the debt was community debt, each spouse will continue to be responsible to the creditor for payment.

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Although the wife cannot use the divorce decree to force the husband to pay the creditor, it is not without value. The divorce decree is a binding contract with the other spouse. This option, however, is only worthwhile if the husband has any assets with which to pay a judgment. For assets secured by debt, such as automobiles or houses, the spouse keeping the asset should refinance the debt into his or her own name. If this is not possible, it might be better to sell the asset.

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For unsecured debts, such as credit cards, spouses should pay off or transfer the balance and then close the. If spouses filed t tax returns during the marriage, each is liable to the Internal Revenue Service for any tax liabilities resulting from those returns. Therefore the divorce decree should also address who is responsible for future tax problems unless the spouses agree otherwise. Though this will not bind the Internal Revenue Service, it will provide the same enforcement options to recover money paid on behalf of a spouse.

Employee benefits and retirement plans can be divisible in a divorce to the extent that the benefits accrued during the marriage.

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Such benefits may include pensions, k s, stock options both vested and unvestedand bonuses. These benefits can be especially valuable to a spouse who has earned less during the marriage and has fewer opportunities to build retirement savings. It is an order to the administrator of the retirement plan giving an alternate payee the right to receive a portion of the benefits payable to the employee under the plan.

Stock options are also divisible. The Texas legislature recently passed a new law that modified how separate property interests in stock options are calculated. The new law gives a specific formula for determining the fraction belonging to the separate estate. This formula s for stock options that were awarded during the marriage, but are not vested or are not exercisable until after the date of divorce.

Retirement benefits earned prior to and after the marriage are separate property, while benefits that accrue during the marriage are community assets.

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It is necessary to determine the percentage of the or benefit that was acquired during the divorcees because that is the only portion divisible in the divorce. Valuing and apportioning these benefits is complicated, and a lawyer or financial specialist would be able to analyze how much a spouse could be entitled to receive. Even if one party controls the finances, the Dallas party can still obtain money for the divorce. The temporary orders can also determine living arrangements, schedule parental possession of children, prevent the sale or transfer of assets, and require a Texas to provide financial information to the other spouse.

Some counties have standing orders which implement some of these terms as soon as the divorce is filed. Accordingly, a spouse seeking a divorce should talk to a lawyer who is familiar with the local rules and orders in his or her county.

A protective order can be issued by the divorce court if a divorce is pending, or it can be obtained independently if a divorce dating not been filed. Protective orders are available to: 1 family members, whether or not they live together; 2 people who live in the same household, even if they are unrelated; or 3 people in a dating relationship.

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A protective order can restrict a party in a variety of ways, including but not limited to preventing a party from committing family violence; communicating with family members, household members, or the other party in a dating relationship; going near a residence or place of employment; and possessing a firearm. An ex parte protective order may even evict and exclude a party from a residence without a full evidentiary hearing on the matter. The court may also order a party to attend counseling or a battering intervention and prevention program.

Consequences for violating a protective order include fines, imprisonment for contempt, and even criminal penalties. A final protective order is granted after notice to the other party and a hearing.

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If there is a clear and present danger of family violence, a court can grant an immediate temporary protective order without prior notice to the other party. A detailed description of the facts and circumstances concerning the alleged family violence and the need for the immediate protective order must be attached to the application, and the detailed description must be ed by the applicant under oath that the facts and circumstances contained in the application are true to his or her best knowledge and belief.

The temporary protective order is effective for 20 days, and will cover the period until a hearing can be held on extending the protective order. A self-help kit for victims of domestic violence is available at TexasLawHelp.

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The kit was developed by a task force of experienced family law practitioners, judges, and prosecutors, and it includes detailed instructions for obtaining a protective order. Restraining orders can also be a useful tool. A temporary restraining order can be granted ex parte if a party is committing unreasonable acts such as making vulgar telephone calls or threats.

This temporary restraining order can also prevent the other party from removing or hiding property if there is no standing order in the county where the suit is filed.