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Blog on Divorce and Family Law

Learning some basic information about divorce and family law can help prepare you for the legal issues you face. Our attorneys believe that honest advice, straight talk and some basic legal knowledge can make a big difference. A legal issue is a two-sided coin ─ your side versus the other side. Our job is to apply our knowledge, skills and experience to help you get the results you want. However, that doesn’t mean there is no participation on your part. You have important decisions to make that affect your future. The better you understand, the better you are at making smart decisions.

We hope you find our blog useful. Of course, forming a client-attorney relationship is the only way to receive legal advice, and these posts are not intended as legal advice nor the establishment of a client-attorney relationship.

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5 Reasons Why It’s a Good Idea to have a Prenuptial Agreement

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Fact: Disagreements about money are the leading cause of divorce. Couples who argued about money early in their relationship, regardless of their actual incomes or net worth, were much more likely to end up in divorce court.

On the other hand, couples who talk to each other honestly about how much money they have and are likely to make in the years ahead, and how they choose to spend their money, are more likely to stay together.

Money Talk: It’s Not Easy, But It’s Important!

At this point in your relationship it could seem pointless. After all, couples marry for love, not money, so who needs to work out the financial details and property division of a break-up that the couple hopes will never happen? According to U.S. News, even married couples may want to consider revisiting what would happen in the event of a divorce.

Having conversations about finances can be tough. How we view money, just like how we view politics, religion, or child-rearing, shapes the way we see the world and experience family life. It also taps into our deepest emotions and childhood memories.

Because of that, many people don’t talk about money before the wedding. And they too often learn the hard way that this was a costly and heart-breaking mistake.

It doesn’t have to be that way.

A prenuptial agreement can prevent this heartache and expense. It’s primarily about money—what assets you and your future spouse have prior to the marriage, and what you would take from the marriage due to death of your spouse, or divorce.

Prenuptial Agreements Mean the Financial Burden is Shared Fairly

A prenuptial agreement could be a good idea if any of the following are true in your relationship:

  • You have more assets and more money than your future spouse, or your future spouse has more than you. A prenuptial agreement protects the interests of both parties.
  • You earn more much money than your partner, or are likely to earn much more in the future—or you are likely to earn much less money in the future (by quitting your job to raise children, for example). A prenuptial agreement helps ensure that the couple’s financial burdens are shared fairly.
  • You or your partner brings a great deal of debt into the marriage. A prenuptial agreement makes it clear that the partner bringing the debt is held responsible for it if the marriage ends.
  • You or your future spouse is the part owner of a business. A prenuptial agreement protects the interests of the other business owners in the event of your divorce or death, and also prevents the remaining spouse from incurring any liability associated with the business.
  • This is not your first marriage. A prenuptial agreement makes clear who will pay any expenses related to children or other financial obligations from previous marriages, and also stipulates how your assets will be divided in the event of divorce or death.

Getting It In Writing Now Means Peace of Mind Later

Some people think getting a prenuptial agreement implies that the marriage is not likely to last, or that the financial bottom line is more important than love and romance, that is not necessarily the case. While no prenuptial agreement is perfect, having one in place before you get married could bring you much more peace of mind during another time of stress and high emotion—divorce or the death of your spouse.

Get Legal help

If you want to discuss a prenuptial agreement, our attorneys are glad to answer your questions and provide legal guidance.

C.E. Borman & Associates is a law firm that helps people with estate planning, probate, family law, divorce and other related issues.

Judicial Conduct: Judges and the Rules in Family Court Cases

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Judges must follow the rules for judicial conduct in family court cases, in the same way that spouses and their lawyers must abide by legal rules.

It is unusual for judges to repeatedly face reprimands and penalties. However, according to US News , in March 2017, a Kentucky judge failed to follow due process in several custody cases, which resulted in her suspension. The state Judicial Conduct Commission suspended Judge Kathy Stein for 30 days without pay and ordered her to complete training on due process.

Case Rulings that Lead to the Judge’s Reprimand and Suspension

The Judicial Conduct Commission called the following case rulings into question based on improper procedure:

  •  In the most recent case, the judge granted permanent custody to a child’s maternal aunt, who had previously been given temporary custody when the child was removed from her mother. Instead of granting an evidentiary hearing that the mother requested against the petition for custody, the judge granted permanent custody to the aunt the next day.
  •  In an earlier custody case in 2016, the judge granted temporary custody to a father but did not hold a hearing or give the mother an opportunity to respond. When the father took the child with him to Mississippi, the court there ordered the child to be returned to Kentucky. The commission suspended the judge for seven days in this case.

Did a court fail to follow proper procedure in your case? Discuss your case with an experienced attorney.

Even though a judge’s failure to follow due process is rare, it is important to discuss your situation with an experienced divorce lawyer, especially when you believe you did not receive a fair day in court. If you have questions about divorce, our attorneys at C.E. Borman & Associates are glad to explain your rights and what legal recourse available to you.

Can You Add a Morality Clause to Your Divorce Decree?

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Under Texas law, spouses can add a morality clause to their divorce decree.

The clause basically prohibits a party or parties from allowing anyone they are romantically involved with to remain overnight while the party is in possession of the child.

Example of a Texas Morality Clause

An example of a morality agreement in a Texas divorce is contained in the court case Interest of W.B.B.  The clause in this case stated:

“IT IS ORDERED AND DECREED that (Father) and (Mother) are mutually enjoined from allowing anyone with whom the party is romantically involved, to remain over night (sic) with that party while that party is in possession of the child. Overnight is defined from 10:00 p.m. until 7:00 a.m….”

In this particular case, the couple added exceptions to the order. If a party remarried or the child turned eight years old, the clause would expire.

The case became complicated due to the ambiguity of the order. The father remarried but alleged that the order was still in force and the mother was in violation because she had a romantic partner staying overnight. The mother eventually married the partner.

The father, who was the primary custodian, entered motions to have the mother jailed and fined. The mother’s attorney argued that the father’s motions were based on his hatred of the mother and were a form of harassment and that the order was unclear and applied to both parties and not just the mother. The argument alleged that the order had expired when the father married.

The court ruled in the mother’s favor except for one aspect of the case where she requested that the court make the father pay $5,000 to cover her attorney fees. The fees payment was denied.

Get Legal help

If you want to discuss adding a morality clause to your divorce agreement, our attorneys are glad to answer your questions and provide legal guidance.

C.E. Borman & Associates is a law firm that helps people with estate planning, probate, family law, divorce and other related issues.

 

Contact Us for a  Consultation

At C.E. Borman & Associates, we put our hard won experience to work for you. Call (979) 846-4090 or contact us online to talk about your legal concerns.
We offer legal services to clients in Brazos, Robertson, Madison, Burleson, Grimes, Washington, Austin, Lee and Leon counties.

 

 

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C.E. Borman & Associates has been selected for the 2014 College Station Best Businesses Award for Divorce & Family Law

(Read the Press Release)

 

Channa has been nominated for Best Attorney in the Best of the Brazos Valley campaign for 2010 through 2013

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