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When Addiction Leads to Divorce

Posted on in Divorce

Collin County divorce lawyerWhen a spouse is suffering from addiction, it can be hard on the marriage. It may only be a matter of time before the other spouse feels that going their separate ways is the only option. Nearly 15 million people struggle with alcohol addiction, and the numbers for drug use are similarly alarming. Studies show that one of the main reasons couples get a divorce is addiction. If your spouse is addicted to alcohol or drugs, this fact will likely influence your divorce case.

Default Judgment When Addiction Affects Participation in the Process

Addiction to alcohol and drugs will control a person’s life. Satiating the need to drink or take drugs becomes more important than the family itself. It is also common for the spouse who suffers from an addiction to be unable to participate in the divorce and they may become a detriment in several aspects of the divorce. In Texas, however, you can still get a divorce even if your spouse is not an active participant in the proceedings. When you file for divorce, your spouse will be asked to respond to the divorce petition. If they refuse to sign divorce papers or file a response and appear in court within one month, the court may grant a default judgment. That judgment would generally be in favor of the person who filed for divorce.

Insupportability Divorce

Texas is a state that allows no-fault divorce, which means you do not need to definitively prove your spouse’s addiction as the grounds for your divorce. While it is possible to obtain a divorce on the fault-based grounds of substance abuse or addiction, it is generally much easier and less stressful to cite insupportability. Insupportability simply means there is discord or conflict of personalities that destroys the relationship.

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Plano divorce attorneyMoney fights are the second leading cause of divorce, behind only infidelity. With the highest inflation rates in 40 years, it may be hard to preserve family ties. You can count on those financial arguments spilling over to the actual divorce proceeding and potentially bringing out the worst in people. Perhaps your spouse refuses to cooperate, or they are simply in denial. You likely know your spouse better than anyone. If you believe they are not likely to budge and refuse to work with you through the divorce, do not try to negotiate or reason with them. 

Years of frustration and anger often bubble up to the surface when spouses are negotiating the actual terms of their divorce including child custody, property division, and spousal support. An experienced high-conflict divorce attorney is best suited to help you with your divorce.

Uncooperative Spouse

Do not give up. In Texas, you do not have to stay in a bad marriage. Texas does not require both spouses to consent to divorce for the divorce to be finalized. If the person you want to become your ex refuses to cooperate with, it may work out in your favor in the long run. When one spouse does not respond to a divorce petition or fails to appear in court, a judge is more likely to give you the things you are asking for in your divorce decree.

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Texas uncontested divorce attorneyPeople tend to get through the holiday season amicably, but it seems that once the festivities are over, all bets are off and divorce filings increase. If your marriage is unhealthy and irreparable, perhaps the decision to file for a divorce is a part of your New Year’s resolution. Or maybe you simply put it off to avoid spoiling Christmas for the children and other family members. If you and your spouse have agreed to hold off until after the holidays, chances are you are on fairly good terms. You may be able to end the marriage through what is referred to as an uncontested divorce.

Uncontested Divorce

Couples who share children and assets, as well as those who want spousal support may want to consider an uncontested divorce. If you and your spouse can reach a big-picture agreement on issues including child custody, property division, and spousal maintenance this may be a good option for you.

However, it does not matter if you and your spouse have good communication, it is always a good idea to have a divorce attorney look over the details of the divorce to ensure issues surrounding finances and parenting do not surface in the future.

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Two Common Issues in High-Asset Divorces

Posted on in Divorce

Plano high asset divorce lawyerDivorce can often mean the end of the road for the relationships of many couples that have worked together to develop capable lives for themselves, but some spouses that are attempting to exit relationships may have martial estates that are valued in the millions of dollars. When there is considerable money at stake in a divorce proceeding, then a person will want to be sure they are working with an experienced Collin County high-asset divorce lawyer.

There is often bound to be some tension between spouses when there are considerable assets at stake in a divorce case, but people will want to take all of the appropriate steps to protect the property that is most important to them. Businesses, retirement accounts, and various investments can all play roles in these cases.

Asset Division Issues

Texas is a community property state, meaning that all property acquired during a marriage is shared jointly by both spouses. Dividing community property from separate property in a high-asset divorce can be one of the more grueling aspects of the divorce.

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Plano divorce lawyerThe desire to move out of the home you share with your spouse once you have decided to get a divorce is completely natural. You may be eager to stop the fighting and get some privacy, especially if you are ready to start dating again. However, if your divorce is not final, talk to a Texas divorce attorney before you leave your marital home. 

Does Someone Have to Move Out During Divorce? 

Although many couples do have one spouse move out while a divorce is ongoing, nobody is required to move out during a divorce. Until the house is formally divided at the end of the divorce, both spouses retain ownership and have a right to live there. 

In any case, moving out may not even necessarily end the conflict between spouses and could have unintended effects. Although some relationships are toxic enough to warrant moving out, there are several important things to consider first: 

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