Divorce is a very difficult time for most people. Apart from the obvious issues like support, child custody issues and access, and property division issues, there’s also the matter of who gets the family pet.
Many pet owners have a strong mutual attachment to their furry friends. A recent report from the American Pet Products Association reveals that pet industry revenues were expected to be more than $75 billion in 2019. The expenditures are for food, veterinary care, gifts, clothes and even portraits of the pet. In fact, the term “fur babies” has become quite common as more and more people have come to regard their pets almost as children.
Some jurisdictions have taken the divorcing parties’ emotional attachment and the welfare of the pet into consideration. In 2010, an Alabama appeals court ruled that “where a pet is the subject of a division of property, the courts sometimes consider the best interest of the animal”. The Vermont Supreme Court said that family courts “may consider … welfare of the animal and the emotional connection between the animal and each spouse”.
However, contrary to how many “pet parents” In Texas view their pets, the courts in Texas (and many other states) regard them as being “marital property” to be awarded or disposed of like any other piece of property such as cars and appliances.
In property settlements, whether the “property” be animate or inanimate, your wisest course of action is to get the best legal representation available.
Call The Barrera Law Firm at (956) 428-2822 for a free consultation or complete our online form.
When a marriage has reached a point where the only solution to problems are separation, its time to talk about divorce. When you are married, it is often the case that finances become intertwined. A divorce is the process of legally separating a couple’s finances in a way that is, hopefully, fair to both parties. While in a perfect world people would be able to do this simply between themselves, without the assistance of a lawyer and judge, most of the time the emotions that are a natural part of divorce prevent this from being a possibility. A good family lawyer, specializing in divorce, is a critical part of obtaining a fair settlement from a divorce proceeding.
Under Texas law, anything of value acquired during the marriage, including a tax refund, is presumed to be community property. That means that both spouses have to split it evenly, right? Not necessarily. It is not that cut and dry. The court takes into consideration specific factors on a case-by-case basis with the objective of a fair and equitable division of the marital estate. 
Domestic violence is a serious matter. It is not forgivable. It is not something that gets better with time. It is something that must be addressed so the violent person can be handled or removed from the family unit.
As the holidays approach, many of us look forward to seeing our families and friends, spending time with our children and teaching them the religious and cultural traditions that we grew up with.
Uncontested divorces in Texas are unfortunately common. The law requires that there be no expectation for reconciliation, so if you have consulted your church, your trusted friend or parent, or your conscious, and ultimately you decide it’s time to divorce for the greater good, then you should probably call a professional attorney with experience in divorce law to do it for you.
Divorce can be confusing as to how taxes are filed.