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Austin Texas Family Law Blog

Some things to consider when getting a divorce

While the divorce rate is around 33 percent lower than it was at its height in 1981, there still is a very good possibility of a marriage ending in divorce. One statistical analysis reveals that a majority, 53 percent, of all married smokers wind up getting divorced, although what tobacco and smoking has to do with it no one seems able to say. Subsequent marriages also seem to have a heightened possibility of ending in divorce, with a full 73 percent of all third marriages culminating in divorce court.

Another fascinating statistic is that one marriage in the U.S., on average, ends every 13 seconds. The amount of child support and spousal support granted in divorces varies greatly by state, as well as varying greatly in individual circumstances, underlining the importance of retaining experienced legal counsel early in the process. In Texas, and a number of other states, there are community property laws that will have an impact on the division of marital assets. Contrary to folk wisdom, however, it is not all cut and dried and there are some intricacies and exceptions to the law that few but an experienced lawyer could sort out and use to maximum advantage.

No prenup for Jennifer Aniston and her groom?

In what is viewed as an unusual move for a celebrity marriage, evidently celebrity Jennifer Aniston and her husband to be, Justin Theroux, are planning to soon walk down the aisle without the benefit of having a prenuptial agreement. Anniston reportedly has assets that may be as large as $150 million, which would lead many soon-to-be spouses seeking to have such an agreement in place just in case wedded bliss later turns into acrimony and divorce. Celebrity marriages, in particular, are well known for frequently falling asunder.

Details of Simpson split released

When celebrities or well-known personalities split up, many men, women and media members around the country are desperate to get a glimpse of how their vast fortune was divided up. While a celebrity’s wealth may not be comparable to that of a normal Texas resident, these instances still show the property division phase of divorce in action.

The parents of singers Jessica and Ashlee Simpson finalized their divorce just recently, and divorce documents detailed how their multi--million dollar fortune was divided up.

Relying on Internet for legal advice on divorce not the best idea

It might seem like an ultra-convenient route to take through divorce, but using the Internet as your only resource throughout the process could be pretty risky, according to family law experts.

In today's digital age, many websites offer the necessary forms, documents and resources that spouses feel they need to complete a divorce. By doing it themselves, they can save significant money on legal fees, but that is not to say they will not pay even more for mistakes they could potentially commit.

When a prenup WON'T work

A prenuptial agreement is often seen as an indestructible, important tool to use heading into a marriage - and with good reason. A prenuptial agreement anticipates the event of a divorce and instructs spouses on how assets are to be distributed. Often, and perhaps stereotypically, prenuptial agreements are used by spouses with significant assets to ensure that their spouse-to-be is not looking to get married, only to divorce and hijack half of the wealth.

In a high profile case outside of Texas, a court threw out a prenuptial agreement between a millionaire and his wife. The move might have had some local residents scratching their heads and second guessing the resiliency of a prenuptial agreement.

Divorce? There could be an app for that

Today's technology is generally designed with one focus: to make our lives easier. Many Texans pay their bills, shop, look up movie times and surf the Internet all on their smartphones. Will there ever be a time where technology becomes so advanced, that spouses can settle a divorce from the comfort of their own home? Perhaps not, but one tech developer is working on a Web application that aims to make divorce easier and convenient.

The app is dubbed Wevorce and it helps walk divorcing spouses through the process. With this technology, divorcing spouses might be able to side step a messy divorce that spills out into a family courtroom.

Oil tycoon could lose billions in divorce

High-profile divorces involving the rich and famous might not seem like they have a lot to teach normal Texas husbands and wives about divorce. However, many of the issues that crop up in these highly-publicized splits can show up in traditional divorces, albeit, on a smaller scale.

One such divorce involves Harold Ham, who is the chief executive of Continental Resources, a fast-growing oil company here in America. The man was married to his second wife, who filed for divorce in the spring of last year. The man stands to lose a lot, especially considering the fact that he was named one of the 50 richest Americans by Forbes magazine. He is worth an estimated $11.3 billion.

Most children affected in the short term by divorce

One of the common and misguided notions about divorce states that the process negatively affects all children. Sure, divorce can be hard on most children because it ushers in a period of major change, but that does not necessarily mean divorce will have a long-lasting effect on them.

In fact, studies have shown that only a small percentage of children encounter serious problems in their lives that stem from divorce. Instead of parents forcing themselves to stay in a loveless, unhappy marriage just to protect their children, they might consider moving forward with a divorce and have peace of mind while doing it.

Deion Sanders granted sole custody of two of three children

Famed former Dallas Cowboys football player Deion Sanders and his estranged wife were entangled in a child custody case filled with scathing testimony for two weeks. Finally, the case has come to a resolution, and the NFL Hall of Famer came out with a relatively favorable outcome.

A jury voted 11-1 determining that Sanders would maintain sole custody and conservatorship of the couple's two sons -- ages 13 and 11. The couple also has a 9-year-old daughter. The jury ruled that Sanders and his wife would share custody and conservatorship of the young girl. However, Sanders was allowed to decide where the couple's daughter would live.

Think of an Austin ex-spouse as a parenting business partner

Published advice from family counselors has raised awareness of the impact of divorce on children. Consequently, many Travis County parents who thought marital dissolution was a solely personal experience now know children have strong emotional and behavioral responses to divorce.

Parents are beginning to learn that, no matter what precipitates the breakup of a marriage, co-parenting skills are essential. Counselors feel that custodial and non-custodial parents must play active roles in their children's lives to minimize the emotional hardships of divorce.

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