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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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.
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.
Knowing how to emotionally prepare for divorce is helpful because no one wants to experience the stress of a marriage breakup. If you can reduce the amount of stress involved, it is certainly to everyone’s benefit.
Psychology Today explains that fear is big factor in stress. It’s the underlying factor that takes people on an emotional roller coaster ride. Even when you’ve been planning on divorce or have known for some time that your marriage was over, certain factors can produce fear.
Steps to Reduce Emotional Stress and Emotionally Prepare for Divorce
Here are four things the psychological experts recommend for dealing with divorce:
Create financial strategies. Divorce involves a financial transition, and the sooner you face this fact, the better off you will be. Look at the financial factors of your situation, work out a strategy and accept that you must make changes. There is no point in being angry or locked into a hurt state of mind. It is best to deal with the situation and move on. Understand that you will have new opportunities to create financial resources for yourself. Start getting organized and making changes to get on with your life.
Tune in as a parent. Many parents stay in an unhappy marriage because they fear divorce will mentally and emotionally harm their children. What harms children more than anything is being exposed to chronic anger or anxiety. If these emotions disappear with divorce, children are more stable. It’s important to remain empathetic to your children and tune in as a parent. Listen to their problems or concerns and let them know you understand. Let them know they are not alone and that you are there to help them. Also refrain from talking to them critically about your ex.
Let yourself grieve. Grieving means going through the emotional stages of loss:
- Denial (disbelief about the divorce)
- Anger (blaming the other spouse or protesting that you do not deserve this)
- Bargaining (thinking if you changed some aspect of yourself, you could get your ex back)
- Depression (wanting to give up on life)
- Acceptance (realizing you can still be happy)
- Healing is a process and as you go through these stages, realize that eventually you can gain peace of mind.
Seek social support. It can be tempting to isolate yourself and not socialize until you’ve completely gotten over the divorce. Sometimes you will need to be alone, but there also will be times when it is important to socialize with others you trust, talk with them and let them know what you’re going through. In doing so, you will not feel so all alone, and it can help open up your perspective. It helps to see a better future is in store for you.
Are you facing challenges associated with divorce? Discuss your situation with an experienced divorce lawyer.
C.E. Borman & Associates can answer your questions, help you understand what to expect during divorce and provide you with information to help you make the right decisions.
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We offer legal services to clients in Brazos, Robertson, Madison, Burleson, Grimes, Washington, Austin, Lee and Leon counties.
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