Divorce, Annulments & Marital Agreements

We specialize in divorces involving various types of business entities such as family limited partnerships, S-Corporations, and professional practices. We are also very experienced with the division of sophisticated retirement benefits, real estate, and trust interests as well as tracing separate property. As an integral part of tracing separate property, we simultaneously identify and assert reimbursement claims. Reimbursement claims consist of requesting compensation to a spouse’s separate property estate based on the use of the spouse’s separate property to the benefit of either the community estate or the other spouse’s separate estate. Such claims are also available to the community estate for expenditures made for the benefit of either spouse’s separate property estate. (The foregoing is intended to serve as a very brief overview of these principles. For a more detailed discussion and analysis of these concepts and the property issues present in your case, please schedule a consultation).

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The grounds for divorce in Texas include:

• Insupportability: Without regard to fault, the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation;

• Cruelty: One spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable;

• Adultery;

• Conviction of a felony: During the marriage, the other spouse has been convicted of a felony, has been imprisoned for at least one year in the state penitentiary, a federal penitentiary, or the penitentiary of another state, and has not been pardoned. The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse;

• Abandonment: The other spouse left the complaining spouse with the intention of abandonment and remained away for at least one year;

• Living Apart: The spouses have lived apart without cohabitation for at least three years; and

• Confinement in a mental hospital: The other spouse has been confined in a state mental hospital or private mental hospital, as defined in Section 571.003, Health and Safety Code, in this state or another state for at least three years and it appears that the hospitalized spouse’s mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.

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The grounds for an annulment in Texas includes: annulment of marriage of a person under age 14; annulment of marriage of a person under age 18; under influence of alcohol or narcotics; impotency; fraud, duress, or force; mental incapacity; concealed divorce; marriage less than 72 hours after issuance of license; death of party to voidable marriage.

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The Law Offices of Christina Molitor, P.C. represents clients in both contested and uncontested divorces. A contested divorce is one in which the parties cannot agree to the terms of the divorce. Most often cases commence contested in nature, but the parties are eventually able to reach an agreement through either the mediation process or through attorney negotiations. If an agreement is not reached though, it is necessary to proceed to trial. Whether a judge or a judge and jury preside at your trial depends on a myriad of factors which are beyond the scope of this page.

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An uncontested divorce, as our firm defines it, is one in which a spouse retains our office to prepare and process the paperwork necessary to effectuate the terms of the agreement the spouses have already reached between themselves. This is without a doubt the most economical approach to divorce. Occasionally, a spouse will first consult with us to learn more about his or her rights in the divorce process and then negotiate with the other spouse to reach an agreement. Once an agreement is reached, the client returns to our office to commence the necessary paperwork.