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May 2013 Archives

Cohabitating couples may lose custody of minor children

A Dallas judge recently issued a controversial ruling, telling a lesbian couple that they must cease living together or one of the women would lose custody of her children. The case may raise equal protection issues, but actually can affect the lives of parents of any sexual orientation who wish to live with a partner prior to marriage. The couple has stated that they believe the order to be unconstitutional, but that they will follow it and establish separate residences.

Wives may have to pay alimony

Texas couples have a colorful history of seeking alimony in divorce actions, but one trend has held true in the past: alimony was almost always awarded to the wife rather than the husband. However, changing social realities have led more courts to grant alimony to husbands in divorce actions when they earn significantly less than the wife. About 40 percent of working married women are now outearning their husbands, making this issue one that many women could face in coming years.

The question of mediation in the midst of divorce

Regardless of how irreconcilable the differences between spouses are, divorce is commonly not a pleasant experience. Breaking up a home can be physically, mentally and emotionally exhausting to the parties involved, especially when the matter affects children. In an effort to simplify and ease the process of divorce, some Texas couples are opting to use a mediator for negotiating property settlement agreements, asset division and even issues involving alimony and/or child support.

Dividing credit card debts in divorces

Texas residents might be interested to hear that, provided that they are not joint account holders for the card, people are not necessarily liable for their spouses' credit card debts in the event that they divorce. Allocating assets and liabilities can be one of the most controversial aspects of a divorce next to who will retain custody of any children. This is especially the case when it comes to determining which spouse is responsible for which debts.

Custody dispute reveals details of high-profile divorce

Although high profile divorce cases often make the news in Texas, one celebrity has done his best to keep the particulars of his split quiet. But with an on-going child custody dispute between basketball star Dwyane Wade and his ex-wife, some details of the divorce are starting to emerge, suggesting that child custody is not the only issue over which the former couple is at odds. When the couple divorced last year, Wade was awarded custody of his two sons. His ex-wife was awarded visitation every other weekend. But she claims in a recent court filing that Wade is making it difficult for her to exercise her visitation rights. Her attorney cites one recent example when the woman traveled to Miami, where the children reside with Wade, only to be told when she arrived that the older boy, 11, was in Detroit for a basketball tournament. She is now seeking more time with her sons.

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