6034 West Courtyard Drive, Suite 100, Austin, TX 78730
Call Us Today
512-610-6199
Recent Blog Posts
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.
How Are Assets Uncovered in Texas Divorces?
Dividing up your marital estate can feel like an impossibly complicated task. One of the main purposes of the discovery process is to give both parties a full understanding of their total assets. When done correctly, discovery can let you negotiate for a more favorable share of assets or spousal support. If the process is rushed, you could be deprived of significant assets in your marital estate.
At Powers Kerr & Rashidi, PLLC, our Texas divorce lawyers can guide you through the discovery process to get a complete picture of your marital estate. We can also answer questions from your spouse’s lawyer about any assets you may own. As board-certified family law attorneys, we are ready and qualified to handle your concerns in a complex divorce.
Interrogatories
Interrogatories are a direct way of getting answers from your partner about his or her assets. In this discovery method, you can send your partner up to 25 written questions about anything pertaining to your case. For instance, you might ask:
The Advantages of Settling Your Divorce Outside of Court
If your marriage has run its course, you and your spouse will have to decide how you want to end things. In many cases, you may be better off reaching an agreement outside of court instead of litigation. With the help of a Texas divorce lawyer, you and your spouse can negotiate for a favorable settlement without the court’s involvement.
At Powers Kerr & Rashidi, PLLC, we are board-certified in family law, fully qualified to represent the concerns of our clients in divorce-related issues. We will do everything we can to help your divorce go smoothly, standing up for your rights while avoiding unnecessary conflict whenever possible.
Flexibility
When a divorce goes to court, you are essentially trusting the judge – a total stranger – to make decisions about important issues like property division or child custody. By negotiating outside of court, you can decide on these issues for yourself. You will almost certainly have to compromise with your spouse, but overall, this can be much less stressful than hoping a judge will rule in your favor.
Contact Us Today
Set up a consultation by filling out the form below:
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
