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Recent Blog Posts

Temporary Restraining Orders

 Posted on September 26, 2023 in Uncategorized

CAN A COURT ORDER DETER DAMAGING BEHAVIOR BY MY PARTNER?

A temporary restraining order (TRO) is an emergency court order that requires a party not to take some particular action until a hearing is held. A TRO can include terms to protect your property, your safety, and the safety of your children for the duration of the order. In emergencies, it can also order a parent to stay away from a child until the hearing. However, such orders may not include custody or child support orders and cannot exclude the spouse from their residence. A TRO typically lasts 14 days or until the hearing, whichever approaches sooner.

COMMON REASONS TO FILE A TEMPORARY RESTRAINING ORDER

Common reasons that you may choose to file a temporary restraining order include:

  • concerns that you need to keep your spouse from moving with your kids or otherwise preventing you from having contact with them;
  • financial worries such as any risk that your divorcing spouse will squander or try to conceal marital property and assets.

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Cell Phones Playing Greater Role in Texas Divorce Proceedings

 Posted on September 26, 2023 in Uncategorized

As technology advances at an ever-growing rate, it seems that for many people having a cellphone is not good enough – they need smartphones that allow them to make calls, send text messages, search the Internet, keep calendars, take pictures and track locations with GPS.

People may want to use their phones cautiously, however. Every time a person uses a phone, he or she is unwittingly making a record of his or her actions and movements, and those records are showing up as evidence more frequently in Texas divorce and child custody proceedings. Those considering divorce in Texas should be aware of the kind of evidence that people can obtain from cellphones and how that evidence may affect their cases.

EVIDENCE FROM PHONES

According to a survey conducted by the American Academy of Matrimonial Lawyers, 92 percent of the lawyers surveyed reported an increase in the number of cases where parties use evidence they obtained from cell phones. The survey showed that text messages were the most common types of evidence people gathered from cell phones, with 62 percent of survey respondents saying that text messages had played a role in their cases. Twenty-three percent of those surveyed said emails sent from phones were evidence in cases. Contact lists and call histories were also significant in 13 percent of respondents’ cases.

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The ABCs of Child Relocation in Texas

 Posted on September 26, 2023 in Uncategorized

When Texas parents get divorced, it is not uncommon that one of them will eventually wish to move to another county or state, especially if a new job is at stake. However, issues may arise if this particular parent also wishes to take a child with him or her – specifically, a child subject to an existing child custody order.

GEOGRAPHICAL RESTRICTIONS ON A CHILD’S RESIDENCE

In Texas, a parent’s ability to relocate with a child is often dependent upon the child custody arrangement initially established following his or her divorce. Therefore, it is crucial to understand the basics of child custody in order to fully grasp the intricacies of child relocation.

While Texas law recognizes many different custodial arrangements, joint custody – also referred to as joint managing conservatorship – is one of the most popular. Indeed, it is even presumed under state law that it is in the best interest of the child to appoint both parents as joint managing conservators, although this presumption can be rebutted if there exists a history of family violence.

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Geographic Restrictions – Silence Is Not Golden

 Posted on September 25, 2023 in Uncategorized

What are geographic restrictions and how important are they? And what does it mean when your parenting plan is silent as to a geographic restriction?

It is the public policy of Texas to assure that children have frequent and continuing contact with their parents, even after the parents have ended their relationship. In order to make sure that children of divorced parents or parents who are no longer together have continuing and frequent contact with both parents, the Courts almost always restrict the residence of the child to a specific area.

Typically, the Courts will restrict the child’s residence to the county the court is located in and will sometimes include the counties immediately surrounding that county. So for a Tarrant County case, the primary conservator typically must maintain the child’s residence within Tarrant County and surrounding counties that touch Tarrant County. This ensures that the parents live close enough to one another that the child will be able to see both parents easily and frequently.

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Divorcing a Narcissist

 Posted on September 25, 2023 in Uncategorized

HOW A NARCISSIST CAN COMPLICATE YOUR DIVORCE

One important step of the divorce process is settling the marital matters of property division, child custody, and any child and spousal support. These divorce disputes can be settled through trial or through negotiation, where both spouses can openly discuss an agreement between themselves. Cooperating and compromising outside of the courtroom can save time, money, and stress during a divorce. However, a narcissistic spouse may make this very difficult – or even impossible.

Some common narcissistic traits that might hinder or complicate divorce include:

  • inflated self-importance and belief of superiority;
  • excessive entitlement;
  • expecting recognition and admiration;
  • belittling others;
  • expecting others to comply without question;
  • not recognizing the feelings or needs of others;
  • reacting with anger or vengeance when they do not get what they want;

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What to Do When Divorcing a Narcissist

 Posted on September 15, 2023 in Uncategorized

Divorce is a painful process. But if you’re divorcing a narcissist, it gets trickier. Narcissists frequently engage in manipulative and dominating behaviors, complicating and lengthening the process.

If you are in this situation, you need to know about all the difficulties of divorcing a narcissist. By being prepared, you can create plans for surviving and prospering through this trying period.

Understanding Narcissism

It can be challenging to agree with your spouse when you are going through a divorce. If that person is a narcissist, it could lead to more issues. Narcissistic Personality Disorder (NPD) has certain characteristics. These individuals may have:

  • A consistent pattern of grandiosity
  • An insatiable need for admiration
  • A lack of empathy towards others

Along with that, they believe they are entitled to special privileges. Unfortunately, people with this disorder will not seek mental health treatment. As a result, they may live their lives with an undiagnosed condition.

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Divorce for Business Owners

 Posted on September 15, 2023 in Uncategorized

More Than 30 Years Of Experience, Prompt Access to Highly Qualified Valuation Experts

At The Law Office of J. Kevin Clark P.C. in Tarrant County, we have experience protecting the interests of business and commercial property owners, licensed professionals and their spouses in Texas divorce cases. Divorce for business owners and other aspects of complex property division are familiar territory for our legal team.

In essence, you may be confronting two divorces: one that ends your marriage and another that ends a business partnership. Especially after a long-term marriage with a family business involved, it is often necessary to determine which spouse will keep the business and whether a buyout of the other spouse is necessary. Attorney Kevin Clark works extensively with qualified business valuators and other experts in relevant fields to ensure that:

  • You obtain your own solid, accurate business valuation using the right method and timing, which will depend on the type of business, its viability and profitability, and many other factors

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Who Can File For An Uncontested Divorce in Texas?

 Posted on September 14, 2023 in Uncategorized

While uncontested divorce is a simplified divorce process, it does not necessarily mean a “do-it-yourself” divorce. Do-it-yourself divorces often result in serious oversights and setbacks, including judges’ refusals to sign the required documents and approve the divorce. So, it is best to approach your uncontested divorce with the guidance of an experienced, diligent divorce lawyer in Fort Worth who can make sure all your spousal rights are being appropriately addressed.

Be aware that Texas divorce law restricts the uncontested divorce process to couples who meet the following criteria:

  1. both spouses agree on the “grounds” for the divorce;
  2. both spouses agree to end the marriage;
  3. neither spouse has an ongoing bankruptcy case;
  4. the couple doesn’t have minor children;
  5. neither spouse owns property together and do not have retirement benefits to divide; and
  6. neither spouse is seeking alimony.
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The Custody Rights of Grandparents in Texas

 Posted on September 14, 2023 in Uncategorized

Whether its taking care of their grandchildren while their parents are away or merely “spoiling” them (much to their parents’ dismay) Grandparents play an invaluable role in a child’s life. However, the relationship between grandparent and grandchild can be cut short by the divorce or separation of the parents. In some circumstances, many grandparents that believe that their grandchildren are not being adequately taken care of wish to obtain custody rights.

Unfortunately, under Texas law, grandparents have no automatic right to custody of their grandchildren. However, the law provides grandparents the ability to seek custody of their grandchildren in certain situations.

Seeking Custody

The easiest way for grandparents to be awarded custody is for the child’s parent to sign a power of attorney giving the grandparents the right to decide where the child lives and to make important decisions for the child. Aside from the difficulties of getting parents to consent to the power of attorney, a downside to this approach is that it is temporary, as the parents can change their mind and revoke the agreement at any time.

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Spousal Support in Texas (Known as Alimony in Other States).

 Posted on August 15, 2023 in Uncategorized

Spousal support in Texas (also called spousal maintenance) is a tool that is implemented to help balance a divorce-based financial discrepancy between exes. If one spouse experiences an economic downturn and the other has the financial means to help offset it, the court may order spousal support. Every instance of spousal support is based on the circumstances involved. Further, if you have questions or concerns related to spousal support in Texas, the best resource is an experienced Fort Worth spousal support attorney.

THE GENERAL GUIDELINES

In order to qualify for spousal support in the first place under Texas law, you must be unable to meet your reasonable minimum needs (in relation to your standard of living prior to divorce). If you are awarded spousal support, its duration will hinge upon a variety of factors, but the basic guidelines include the following:

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