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Recent Blog Posts
What Happens if My Divorce Goes to Trial in Texas?
Many divorce cases in Texas are settled outside the courtroom, typically using mediation to resolve disputes. However, if your case goes to trial, you need an Austin, TX divorce attorney to aggressively represent your best interests. Consider some elements of a litigated divorce, and then talk to an experienced lawyer about what the process could look like for you, including options that allow you to avoid a lengthy and expensive courtroom battle.
What Are the Types of Trials for a Texas Divorce?
In Texas, there are generally two types of trials for divorce. In most cases, a judge will hear the case. This is known as a bench trial. However, occasionally, a jury will hear the case, but juries have limited abilities in divorce proceedings.
Jury Trial for a Texas Divorce
According to Texas law, a jury can make decisions about child custody, grounds for divorce, and property characterization. Jurors can designate who will get primary physical custody and determine whether the grounds for divorce alleged by either spouse are valid. For example, if you filed for divorce on the grounds of adultery, the jury can decide whether the evidence shows that those grounds are true. They can also categorize property as community or separate property. However, they cannot make decisions about how property is divided, and they do not address child or spousal support.
Do Wealthy Parents Pay More Child Support in Texas?
Parents who have worked hard and fought for their careers often find themselves very frustrated at the idea of paying child support after a divorce. Likewise, parents who hope to receive child support often find themselves equally frustrated when they feel they have to fight for the money their child needs, especially if the paying parent earns a large income.
Income can definitely affect child support payments in Texas, but not always in the way people expect. Texas has a structured formula for calculating child support, but that formula has a cap. Beyond that cap, the court has the discretion to set payments. If you or your co-parent earns a high income, the amount of child support may be higher, but it will depend on more than just your paycheck.
For high-net-worth families in Texas, child support disputes can become complex quickly. The stakes are high, especially when the children are used to a certain standard of living. Getting child support payments right is not about spoiling the children; it is about meeting their needs in a way that reflects the realities of their lives. Whether you anticipate paying or receiving child support, our board-certified Travis County, TX child support lawyers are here to help.
5 Things People Fight Over Most in Divorce
Even when both spouses agree that divorce is the right decision, strong emotions can arise when it comes time to divide property and make decisions about the future. Some topics are more likely than others to cause arguments, delays, and even courtroom battles.
At Powers Kerr & Rashidi, PLLC, our Travis County, TX board-certified family law attorneys understand what is at stake. Whether your divorce is high-conflict or cooperative, here are five issues that most often lead to disputes.
What Are the Most Common Sources of Conflict in Divorce?
Each marriage is different, but certain issues consistently create friction during the divorce process:
Child Custody and Parenting Time
Many parents disagree about where their children should live and how often each parent should see them. Even when both parents are involved and loving, concerns about stability, schooling, and schedules can turn into heated disputes.
How Does a Narcissist Affect the Divorce Process?
Divorcing a spouse with narcissistic traits can be far more difficult than a typical divorce. While every separation involves emotion and conflict to some degree, narcissistic behavior tends to make the legal process longer, more expensive, and more draining, especially when children or complex finances are involved.
If you are considering or currently going through a divorce with someone who is controlling, manipulative, or emotionally abusive, you need a fearless team of Austin, TX divorce attorneys who understand the unique challenges that come with high-conflict personalities. With the right approach, you can still reach a fair and enforceable outcome.
How Narcissistic Behavior Complicates Divorce
Narcissists often refuse to compromise. They may view divorce as a personal attack or a competition they must win. This mindset can cause unnecessary delays, endless arguments over minor details, and the weaponization of custody or financial support. Common behaviors include:
Proving You Own Part of Your Spouse's Business in a Texas Divorce
Divorce becomes more complicated when one spouse owns a business, especially if the other spouse contributed time, effort, or money to help build it. If you live in Austin or Travis County and are divorcing someone who runs a small business, you may be wondering whether you have any right to a share of that business, even if your name is not on the paperwork or there is a prenuptial agreement in place.
Texas is a community property state, and in many cases, people who helped their spouse grow a business may have a valid claim to part of its value. Understanding how to prove your contribution is key to securing a fair outcome, and our Texas board-certified family law attorneys can help you understand whether and how you can do just that.
When Is a Business Considered Community Property?
In Texas, community property includes most assets acquired or grown during the marriage — regardless of which spouse’s name is on the title. This often includes business interests, unless the business was started before the marriage and kept entirely separate from marital finances. Even then, appreciation in the value of the business during the marriage may still be subject to division.
Can Someone Use Money to Influence Custody Outcomes?
Divorcing parents with significant assets often face concerns beyond dividing property and investments. One of the more subtle — and serious — concerns in a high-asset divorce is whether one parent might use their financial advantage to sway the outcome of a custody case. It is a valid fear, especially when one spouse has historically controlled the family's wealth or earns significantly more.
In Texas, courts are required to focus on the best interest of the child, not the financial status of either parent. Still, money can influence custody disputes in indirect ways that merit careful attention. After reading this blog, contact our Austin child custody lawyers to learn more.
How Texas Courts Approach Custody Decisions
Texas law refers to custody as "conservatorship," which includes both legal rights and responsibilities toward a child, along with parenting time (called "possession and access"). The primary legal standard judges must follow is the "best interest of the child," as outlined in the Texas Family Code.
What Happens to Inheritance in a Texas Divorce?
If you are in the process of dissolving your marriage, you likely have questions about what will happen to your property, including your inheritance. More often than not, inheritance is considered non-marital property. Whether you anticipate an uncontested or contested divorce, you need to understand how Texas law applies to asset division to ensure you receive a fair settlement. An Austin, TX divorce lawyer can explain how divorce may impact your inheritance and protect your rights through the divorce process.
Can Inheritance Be Considered Community Property?
Texas law considers all property possessed by either spouse during the marriage community property. However, in the Texas Family Code, statute 3.001(2) states that property given to you during the marriage "by gift, devise, or descent" belongs to you, making it non-marital property. Non-marital property is not divided during divorce. As the person claiming the inheritance as yours alone, you are responsible for proving that it originated as an inheritance.
What Is Asset Concealment And Dissipation In A Divorce?
What if you suspect that your spouse is attempting to reduce the value of your marital estate in your Texas divorce by hiding property from you and the court? What can you do if you believe your spouse is engaging in reckless spending to prevent you from receiving your fair share of the marital estate?
Unfortunately, these foolish and illegal actions are too common in contested divorces. At Powers Kerr & Rashidi, PLLC, our experienced Texas divorce attorneys can take action if your spouse is hiding marital property or wasting assets to reduce your share of the divorce settlement. Contact our attorneys at 512-610-6199 for a legal consultation today.
Texas is a Community Property State
Texas law holds that most property and debts acquired during the marriage are community property. This means the spouses jointly own them, regardless of whose name is on the property title or who earned the money.
Preparing for a Protective Order Hearing
Getting a protective order is not an easy or simple process. If you want long-lasting protection from someone who has physically abused you, you will have to appear at a court hearing and make a case to prove that you have suffered family violence. This can be a major ordeal, but a Texas family law attorney can provide you with advocacy and advice as you petition for a protective order.
At Powers Kerr & Rashidi, PLLC, our lawyers are board-certified in family law. When you work with our firm, we will fight for your right to safety, making sure that the judge hears your side of the story.
Gather Evidence
To support your claim of family violence, you will have to present evidence showing a pattern of abuse. Under Texas law, family violence is defined as any act intended to cause bodily injury, including sexual assault. It can also include threats of physical harm, even if no contact is made. Photographs of your injuries can serve as proof of the harm done to you, in addition to threatening communications like texts or voicemails.
How a Lawyer Can Help With a Complex Divorce
When you know that a divorce is going to be especially painful or complicated, you may dread the prospect of starting the legal proceedings. You might have real concerns about who your child will stay with, how your property will be divided, or whether your spouse will honor the judge’s order. When the horizon looks stormy, a Texas family law attorney can help you through a complex divorce.
At Powers Kerr & Rashidi, PLLC, we can provide you with representation and legal advice for the most troublesome issues of your divorce. We will do everything we can to make sure your divorce goes smoothly, acting as skilled negotiators on your behalf.
Custody Disputes
If you and your spouse cannot agree on a child custody arrangement outside of court, you may have no choice but to turn to litigation. For instance, you may struggle to find common ground on who gets a majority of parenting time, or who gets to make important decisions on your child’s behalf. In more extreme cases, you might wish to petition for sole custody if you believe that your spouse is an unfit parent.
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