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972-248-8080 DALLAS
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512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Egregious Conduct and Equitable Distribution in Divorce in Texas

ATTORNEYS IN DALLAS

Egregious conduct, such as adultery, abandonment, cruelty, or domestic violence, can support an unequal division of community property.

Egregious Conduct and Equitable Distribution in Divorce

There are numerous reasons why marriages come to an end. Sometimes, couples may discover that they are incompatible and no longer desire to continue their relationship. In other cases, the behavior of one spouse may be so unacceptable that it single-handedly leads to the end of the marriage. Such egregious conduct may serve as grounds for divorce and may also influence how particular aspects of the divorce, such as the fair distribution of assets, are addressed.

Equitable Distribution in Texas Divorce Cases

Texas law mandates that when a married couple divorces, their community property will be subject to fair and equitable distribution. Any property that is designated as separate via an agreement or owned by an individual before getting married will remain separate. Typically, most property acquired during the course of a marriage is classified as community property, with a few exceptions, such as gifts, personal injury damages awards, and inherited property. It's important to note that equitable distribution does not necessarily imply that property will be divided equally between the parties. Instead, it means that the court has the authority to distribute community property in a manner that is deemed reasonable and just.

Effects of Egregious Conduct on Equitable Distribution in Divorce

A court considers various factors when determining the division of property, and while it is usually equal in no-fault divorces, that is not necessarily the case in fault-based divorces. In a fault-based divorce, the court may consider the conduct of the offending spouse and make a disproportionate distribution of the marital estate. The court has broad discretion in determining what is a fair division of community property, and its rulings are generally upheld unless they clearly deviate from the law or accepted standards. Egregious conduct, such as adultery, abandonment, cruelty, or domestic violence, can support an unequal division of community property. Other factors that may be considered are the benefit the innocent spouse may have received if the marriage had continued, the health and earning potential of the spouses, and their debt and liabilities.

Speak with an Experienced Divorce Attorney

When one spouse engages in egregious conduct, it can have negative consequences for both parties in terms of property division and other assets during a divorce. If you are considering ending your marriage, seeking legal advice from a qualified attorney is crucial to understanding your options. At Wilson Whitaker Rynell, our experienced lawyers can help you collect and present the necessary evidence to increase your chances of achieving a favorable outcome. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

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By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
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By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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By Chelsea Lankford 18 Apr, 2024
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