Houston Divorce Law Blog

With May being the month in which mothers are celebrated in the U.S., it is important to remember that many mothers carry extra responsibilities these days. One such additional burden is divorce and all the issues that accompany the re-forming of a family unit. In Texas, however, moms seeking a fresh start have several options available, from a litigated divorce that goes to court to divorce mediation that limits court involvement.

Some of the most frequent concerns of divorcing mothers center on custody, spousal support, and child support. In Texas, child support is calculated using a basic formula that offers room for additional factors. For example, 1 child in Texas translates to 20 percent of post-tax dollars. However, an additional child does not double that figure; rather, it brings the amount up to 25 percent of net resources. If a parent is already paying child support for other children, however, these figures may be lower. Child support can be negotiated via mediation in Texas, provided both parents are committed to a win-win solution that both agree on.

When any couple endures a less-than-ideal spot in their marriage, rumors can start to swirl about the status of their union. High-asset or high-profile couples in particular can find themselves fending-off unwanted conjecture regarding their marital status. While celebrities have dealt with this issue for years, thanks to social media, non-famous people in a high asset divorce can also encounter a damaging rumor mill. The extent of that damage, however, can depend on each spouses' own online behavior.

In general, high asset divorces have more eyes on them, so to speak, than other types of divorces. More money is at stake, and the spouses can hail from prominent local social circles. In Texas, with its multiple big cities and entrepreneurial families, the chances of a high-profile couple making divorce-related headlines are high. The problem with being observed, however, is how to handle it: should spouses refute rumors themselves, acknowledge any that are true, or just ignore them?

Residents of the greater Houston area can do just about anything online these days: pay bills, support charitable causes, fall in love, and now, get divorced. Less than a year ago, the Texas Supreme Court allowed spouses in the state to complete some basic divorce forms via the internet. This alternative was originally intended to help low-income residents or those with no children and few assets. However, some Texans are taking advantage of this increased accessibility to hide assets from their spouses.

In all marital breakups, but especially in cases of high asset divorce, assets are of paramount importance. Texas is a community property state, wherein property goes to each spouse in a manner described as "just and right." As might be expected, though, many divorces feature husbands and wives whose definitions of just and right vary considerably. Divorces requiring complex financial litigation, such as cases in which one or both parties owns a business, generally need extensive legal and financial oversight to ensure a fair distribution of assets. Unfortunately, filing for divorce online leaves little room for the guidance needed in such cases.

Signatures always carry tremendous importance when it comes to any sort of legally binding document. A prenuptial agreement, for instance, must be signed by both parties. However, those signatures must be provided voluntarily, without coercion, and with an understanding of the content of the document. The recent divorce trial of former pro football star Deion Sanders has swirled around this very issue, with attorneys on one side claiming part of a crucial prenuptial agreement involved forgery.

Sanders and his wife have been trying to finalize their divorce in Collin County, Texas, in a courtroom that has played host to recent arguments over the couple's prenup. Sanders claimed his wife signed a prenuptial agreement over a decade ago, but is now requesting a more financially lucrative deal. A lawyer for the wife alleged that the prenup was partially forged; the attorney also claimed the document was signed by the wife under some amount of pressure. In the fall of 2012, however, a judge overseeing the case ruled that the prenup was signed voluntarily by the wife, and therefore the contract was a valid one.