Author: redheadedlaw

Health Insurance and Divorce in Texas

Written by redheadedlaw on September 24, 2018. Posted in Divorce, Health Insurance.

Health insurance availability and premium costs have for the past few years been major topics in the U.S. news. Premiums have skyrocketed and discussions of “preexisting conditions” are common.

Health Insurance for Spouses

When parties are divorcing, health insurance costs often become a major concern, especially when older parties are divorcing. It is the norm for one person to carry health insurance for the family, usually through an employer. If one person is ill or has preexisting conditions, it becomes critical to determine what health care will be available both pre and post-divorce and at what cost.

Once a divorce is finalized, the person carrying the health insurance will no longer be able to carry a spouse on his or her employer’s health insurance. This sometimes results in a delay in finalizing the divorce because the party who is not covered will be trying to delay the divorce as long as possible to take care of as many medical procedures as possible.

What about while the divorce is pending? Some counties in Texas have standing orders, which automatically go into effect when a divorce is filed. A standing order, which is an order put into place by the local courts who handle divorce cases, goes into effect when a divorce is filed and the opposing party has been served. It is supposed to prevent divorcing spouses from altering health insurance benefits while the divorce is pending. I say “supposed” because although these standing orders are valid and binding, violations of them are not uncommon and enforcing them is expensive. Also, if one spouse removes the other spouse from the policy during a pending divorce, the insurer may not cooperate in restoring the coverage when the cancellation is discovered. On the bright side, many large employers will not remove a spouse from coverage without a certified divorce decree. For counties where there is no standing order, a person to whom the health insurance coverage is important MUST advise the attorney in the FIRST interview that health insurance is critical. The attorney will then file the necessary legal documents to prevent the spouse carrying the health insurance from canceling or removing the other person while the divorce is pending.

Even when the divorce is finalized, a spouse may still be able to maintain his or her coverage through a federal law called COBRA. COBRA allows a divorcing spouse to buy health insurance coverage through their ex-spouse’s employer for up to 36 months. The cost of COBRA coverage must be within 102% of the combined total of a similar employer’s and employee’s contribution to the plan. There may be less expensive options available for relatively healthy spouses, but COBRA can be a good option to maintain coverage. You must notify COBRA according to federal guidelines and provide a certified copy of your divorce decree according to COBRA deadlines to be eligible.

A person who is divorcing and to whom health insurance is critical will often tell me, “My spouse has agreed to keep me covered on his or her policy.” Unless the spouse is maintaining coverage through COBRA, this is simply not going to happen. The divorce court cannot order the insurer to carry health insurance on an ex-spouse, and insurers simply do not do it. One option, depending on the income and assets of the parties, is for the party who carries the health insurance to pay contractual alimony to the other party in the amount of the health insurance premium cost. Any such agreement would take into consideration the value of the assets of each, the total amount of such contractual alimony, and many other factors.

Health Insurance for Children

For counties in which there are standing orders, discussed above, parties are barred from canceling or altering health insurance coverage for children while a divorce is pending. (This does not specifically cover step-children, but divorce courts do not look kindly on any health insurance being altered while a case is pending, even if the children are step-children.) For counties without standing orders, it is again important to remember to discuss that with your lawyer in the first visit.

Some aspects of health insurance for children post-divorce are not as clear cut as health insurance for spouses. The non-custodial parent, or the parent with whom the children do not reside, is the party who is usually ordered to pay child support. That person is also required, under the Texas Family Code (the set of Texas laws that governs divorce) to provide health insurance for the children. The cost of that health insurance cannot, except by agreement, exceed 9% of that person’s gross income. Careful analysis has to be given to what coverage is in place when the divorce is filed and what will be required when the divorce is granted. If the non-custodial parent is required to maintain the health insurance and decides to get a high-deductible policy after the divorce, that can have the effect of no health insurance at all. Also, if the non-custodial parent cancels the policy without notice to the custodial parent, the custodial parent could be facing a situation where the children are not covered and have not been for some time. When I am representing the custodial parent, I advise, if at all possible, for that parent to provide the health insurance because it provides the kind of control that the parent with whom the children are living needs. If the custodial parent provides the policy, the court will require the non-custodial parent to reimburse the custodial parent the cost of the children’s health insurance, up to a maximum of 9% of the paying person’s gross income.

Parents who have children on government health insurance such as Medicaid or CHIPS have unique considerations also. Although the custodial parent may not realize it, if that parent receives State services such as food stamps or any government assistance, the State will be looking to the other parent to reimburse the State for at least some of that cost. If a child is covered by Medicaid at the time of the divorce, the non-custodial parent should be ordered to pay $50-$75/month, depending on the paying parent’s income, to cover that cost. The State will then, when that money is paid through the disbursement unit for child support, pay the State that money instead of the custodial parent. Non-custodial parents need to be especially careful not to make direct payment to the custodial parent because in doing so they could end up with a large debt owed to the State for the services it has provided. Paying through the disbursement unit insures that the non-custodial parent will not be hit with a large bill to the State later.

The importance of health insurance considerations is often over-looked by inexperienced or less careful lawyers. To avoid major problems later, it is important to hire a divorce lawyer who will discuss all this with you so that you can make the right decision for your family.

Don’t Pay Directly; Pay Through the System

Written by redheadedlaw on May 3, 2018. Posted in Child Support.

Are you a non-custodial parent who is ordered to pay child support in Texas? If so, listen up. This article may save you a ton of money.

First, a little background. Child support is ordered initially as part of a divorce, paternity case, child support review order (Attorney General action), or suit affecting the parent-child relationship. The judge or the Attorney General signs an Income Withholding for Support Order (IWO) along with the case order. The paying parent (or the attorney) pays a $15 fee and requests that the clerk issue notice to the employer of the IWO. The IWO is then sent to the paying parent’s employer. The employer has a duty to begin withholding from the paying person’s wages within 14 days after receipt. The employer is ordered to send the funds withheld to the Texas Child Support Disbursement Unit in San Antonio. The disbursement unit then disburses the funds to the receiving parent. (Note: if a paying parent changes jobs, he or she gets a simple form from the district clerk and pays the $15 fee and the district clerk then sends the IWO to the new employer.)

Wage withholding for child support is mandatory in Texas, and this is a seamless process which occurs thousands of times a year. It works best for those paying parents who have an employer and are not self-employed or unemployed.

Most orders also contain an order directing that all child support payments be made to the disbursement unit. Thus, self-employed or unemployed persons who are not subject to an IWO make their payments directly to the disbursement unit. This can be done by mailing the payment directly to the unit to the address in the order or by paying through an authorized facility such as a grocery store or other entity which accepts those payments.

Important: All payments made to and accepted by the unit are what in law is known as prima facie evidence of payment. What does this mean to the paying parent? It means that the person does not have to have a copy of paycheck stubs, money orders, or payment receipts of any kind if payment is ever disputed. A printout of the payment history from the unit proves without question that the payment was made. Getting a printout is as simple as going to the Attorney General’s website and printing out a payment history.

So if the process is so seamless, what can go wrong? Actually, a lot, but almost all of it arises by parents deciding to use their own methods of payment or with a few attorneys whose clients convince them to use methods to circumvent the system. In some cases, a receiving parent will convince the paying parent that it simply takes too long to get the money from the unit, that direct payments are much faster, and that a canceled check or money order receipt will be proof of payment. If an IWO has been issued and the clerk has sent a notice to the employer with the IWO, the employer is obligated to withhold, that won’t work. If, however, nobody pays the $15 administrative fee to have the IWO sent to the employer, the employer will not receive the IWO and will not withhold funds. Some paying parents will convince their attorney not to have the IWO sent, saying they prefer to pay directly to the receiving parent. In other cases, the paying parent prefers to pay directly to the receiving parent, believing that the employer will be angry at the extra work involved or it will somehow reveal details of their lives they prefer to keep private. The paying parent may request the attorney to include language suspending payment through a wage withholding order and requesting that an IWO be issued only if there is a delinquency.

Important: If a dispute over payment arises, a judge has the discretion not to count payments not made through the unit, even if they are such things as canceled checks. Many judges in fact WILL NOT accept proof of payment which has not been done through the unit.

Important: To recap, if you are a paying parent, you are AT RISK at having to pay again, even if you have already paid, if you pay directly to the receiving parent and do not pay through the disbursement unit or through an IWO. Fact: if you decide to do this, you have to keep proof of all the payments and HOPE the judge will accept your proof. Another fact: Most banks allow a customer access to canceled checks for a limited time, usually about three years. Do not think you can easily retrieve anything before that period, EVEN IF the judge would accept it.

Important: You can be AT RISK for having to reimburse the State if the receiving parent at any time uses State services for the children such as food stamps, Medicaid, or any such available services. The State charges a fee for those services, even though it is not usually apparent to either the paying or receiving parent. If you are making child support payments directly to the receiving parent, YOU will be obligated for reimbursing the State for those services. If you are paying through the unit or an IWO, the State will withhold those charges from the receiving parent’s child support.

Case in point: I recently had a case where a father made direct child support payments for about 8 years, all timely made. Suddenly, he received in the mail notice from the enforcement unit of the Attorney General’s office that he owed approximately $200,000 in past-due child support. Luckily for him, his current wife had kept a ledger with a record of each payment and had a canceled check for each payment. We were able to get him credit for the payments through an agreement, even though we were in a court which does not accept proof of direct payments. It turns out he owed the State almost $4,000 in reimbursement because the receiving parent used State services, and he was required to pay that to the State. Many hours in court and the cost of taking off work, many dollars in attorney’s fees, money for State reimbursement, which he would not have had to pay. You have to ask yourself, is it worth it? So simple just to pay through the unit or IWO. No excuses.

In summary, don’t pay directly for child support; pay through the system!

Happy New Year?

Written by redheadedlaw on January 16, 2018. Posted in Divorce, Marriage.

It may be time to face relationship reality.

For many of us, the holidays are a joyous and relaxing time filled with hours of celebrating and reminiscing.

(Unless you are hosting everyone, then there is absolutely no relaxing until January!)

Spending time with family and close friends should be relatively stress free, but this isn’t always the case. What if you and your spouse were hanging by a thread before the holidays? In such a situation, the expectations of your remaining family members (who probably aren’t aware of anything yet) will likely exacerbate the division, rather than make it better.

So let’s say you and your spouse were having serious problems in 2017. Maybe one or both of you were attending counseling. Maybe you’re still under the same roof but in different bedrooms. It’s now January and the holidays are history. What should you do?

It’s time to face relationship reality.

So things were terrible last year, but how do you feel today? Was the holiday stretch a prolonged ordeal or did it offer a glimmer of hope? Was the holiday decorating, shopping and cooking fun, or were those activities just another round of torture? Over the years I have worked with many couples. In my experience, the holidays often provide the answer to the question, “Is my relationship over?”

Think about what you just lived through — was it a good feeling sitting on the couch with everyone, serving food and drinks and swapping stories? Did you feel any warmth toward the occasion and (most importantly) toward your significant other? Will you miss those gatherings with the current cast of characters? If so, ask your partner if he/she felt it too. There is nothing like sharing a moment to get two people focused on what is possible.

However, there is also a chance that your feelings are not shared. There is no longer room in the other’s heart for reconciliation. If this is where you are, I can make two promises to you:

1. You are definitely not alone, and
2. You need to begin the new year with your head on straight and looking ahead.

Don’t beat yourself up

There’s no sense in beating yourself up at this point. If you know that it’s time to face reality and take the necessary steps to protect yourself, first, have the talk. Sit down with your partner when things are quiet, where there won’t be anything else competing for attention, and speak from the heart. If you are willing to find a way forward with your partner, say so in the strongest possible way. In my experience, this meeting of the hearts can culminate with a joint agreement to save the relationship. If you find that you cannot stay in the relationship, be honest and tell your partner that. Don’t, however, make this a confessional. While it might make you feel better to confess all, you may find that it doesn’t make your partner feel better to hear about your misdeeds. Worse, you may find your words repeated in a courtroom later.

Divorce is always gut-wrenching, but by working together you both can make it much easier, less contentious and expensive, and shorten the entire process. If any of this describes where you are today, please call my office. I have helped couples for many years in this capacity, and understand what both parties need to move on.

Don’t forget — you are not alone, and you can begin the New Year looking ahead.

Common Misconceptions about Homeownership and Divorce in Texas

Written by redheadedlaw on December 21, 2017. Posted in Uncategorized.

Transcription below:

Good morning, I’m Marivonne Essex, and I’d like to talk to you today about some common misconceptions that people have when they come in to talk to me about getting a divorce. One of the most common misconceptions is, what happens with real estate, with a note on it that people have when they get a divorce. What I help them to understand is that homeownership is in two parts. The first part is who owns the property. Who actually owns it. Who’s name is on the deed. That part is very easy to take care of in a divorce. If the people agree or if the judge decides that one person is awarded the property, it’s very easy to do a warranty deed that awards that property to them. But the second part of homeownership is, who owes for the property. If there is a mortgage or lean on the property, then the judge unfortunately does not have the discretion to tell that lender, “Okay, this person will pay or this person will not pay.” The person or persons who’s names are on the lean are going to continue to be responsible for that note no matter who’s name is on the deed later, so it’s very important to understand that, for example, if you say to me, “Well, my husband can have the house, I don’t want the house, he can have the house, just let him have the house. Get me off the note.” It’s important to understand that that is not going to happen. It can only happen in one of two ways. One of those ways is if the house is refinanced, and the other way is if the house is sold. If those two things, if one of those two things does not happen, and your spouse is awarded the real estate, then you’re going to lose control over that aspect of your credit report, and if that person does not pay the note, then it’s going to show up on your credit report, as well as your spouse’s credit report. This will be true, even though that you no longer own the property. So these are decisions that have to be made very carefully in a divorce and these are things that I explain and talk to my clients about and be sure they have a thorough understanding of it before they make any decisions about who will be awarded the community real property. I’d love to talk to you about it. We’re always available in my office and we spend whatever time we need to make sure you understand these complicated issues.

Common Misconceptions about Property Division in Texas

Written by redheadedlaw on November 27, 2017. Posted in Property Division.

Transcription below:

Good morning, I’m Marivonne Essex, and I am the Red Headed Lawyer. I want to talk to you today about some common misconceptions that people have about property division in Texas. These are the things I see when people come in to talk to me about getting a divorce. Property division in Texas is very misunderstood. The first thing to understand is that Texas is a community property state. What that means is that anything accumulated during the marriage, as long as it was not given to a person, or they did not inherit it, is community property. Anything that was accumulated prior to the marriage, or was given to a person, or was inherited, the judge doesn’t get to divide. He or she divides what was accumulated during the marriage under these circumstances. What I hear from people is, “Well, I know the judge will make the division and he’ll make it 50-50” or “I’m really sure that the judge will just make a decision in my favor because that’s what’s fair.” Neither one of those is true unfortunely. The standard in Texas is a just and right division, not a 50-50 division. The judge may consider a 50-50 division unfair, although it is common to see a 50-50 division. So the most important thing about property division is to understand that we are a community property state, that a 50-50 division is not necessarily the division that will take place. Then the next important thing to do, in which we do very carefully in my office is, document the community property that was accumulated, and we do that in a spreadsheet form so you see exactly, in dollars and cents, what you have and what that’s worth, and what we think, and we believe, based on our 32 years of experience, a judge will decide as to your community property. I would really love to talk to you about this in person. It’s much more complicated than it appears, and it is important and can affect you for the rest of your life, so please give us a call.

Common Misconceptions about Child Support in Texas

Written by redheadedlaw on October 27, 2017. Posted in Child Support.

Transcription below:

Good morning, I’m Marivonne Essex and I’m the Red Headed Lawyer, and I’d like to talk to you today about some common misconceptions that people have about divorce, and children in Texas. One of the most common misconceptions is how child support is calculated in Texas. People frequently come in to me and say, “Oh we’ve already agreed on the child support. We calculated it. We know what it is” and it is my job to make sure they understand what the process is and to determine if the amount that they came up with is really the amount that would be calculated according to Texas law. People use the internet, they will go on the internet and they’ll say, “We’ll I looked and it’s 20% if you have one child, and I’ve already figured that out”. So today what I would like to tell you is how that process works so you will not get misled by what you see on the internet, or when you try to calculate it on your own. Child support in Texas is according to a formula. Except in very, very unusual circumstances, no matter what judge you are standing in front of in Texas, or any other person making a legal determination in Texas, the calculation is going to be done the same way. What you have to start with is, you have to start with the chart that the attorney general of Texas puts out each year. There’s a chart that they put out, and that’s easily accessible on the internet. To find the chart is not the problem. It’s easy to find the chart. But you start with the chart. So you’ve got the chart in front of you, and it tells you what a person, if a person’s gross income is this amount of money, what will be deducted, and then what will the net amount be for child support purposes. So you have the chart in front of you. The next thing that you do is you calculate the average monthly earnings before anything is taken out of the person who will be paying child support. For example, let’s say the person makes $2,000 a month before anything is taken out, no taxes, no amount for retirement, nothing. You start with $2,000. So you have the chart in front of you, and on the left you will see, you will find the figure gross income $2,000, then you will see the other amounts as you follow along to the right of the chart an amount is deducted for Medicare, an amount is deducted for withholding, an amount is deducted for social security taxes. It doesn’t matter what is actually taken out of the paycheck. Those are the amounts that the state of Texas allows a person to deduct who is paying child support. Then you come up with a net income for child support purposes. The net income then … the next thing that is deducted is, if a person is providing health insurance for children, you then deduct that amount from the net income. Then what you have is a net income for child support purposes, and then that is when you apply the percentage. If the person is paying for one child, it’s 20%, if they are paying for two children, it’s 25%, and it goes up from there. Also, calculations must include if a person is court obligated to pay child support for any children of any other relationship. So as you can see, the formula can be more complicated than it seems, and it is very important to have a knowledgeable person, a lawyer to guide you through this process so that whether you are paying or receiving, you are sure you are using the calculations correctly to come up with the right amount. In my law office we go over that with you. We are happy to discuss that with you. We want to be sure that any decision you’re making is made using the right information.

Common Misconceptions about Child Custody in Texas

Written by redheadedlaw on October 2, 2017. Posted in Child Custody.

Transcription below:

I’m Marivonne Essex and I’m the Red Headed Lawyer and I want to talk to you today about some common misconceptions that I see people speak to me about when they come in to talk about situations, legal situations with their family, with divorces, with child custody, that kind of thing. The most common misconception I see regarding children is when someone comes in and says, “I want sole custody of my children. That’s the most important thing to me.” What I do then is I talk to them about what our Texas family code, which is our set of laws, says about custody of children, and the first thing we start with is the label that each parent gets. Except in extreme situations, each parent gets the same label, which is Joint Managing Conservatorship. The label is not near as important as the rights and duties that each parent has regarding their children, and that is what determines what the layman will commonly know as sole custody. The most important right you can have for your children, for example, is the right to decide the residence of those children, so I will speak to people about what that means, and whether it is limited or not. The other rights and duties that commonly get talked about are the right to make medical decisions regarding your children, the right to make psychological and psychiatric decisions regarding your children, the duty or to pay child support, or the right to receive child support. Those are the most important rights and duties. There are many other rights and duties as set out in our set of laws, which all parents commonly have, such as, each parent, except in extreme circumstances, will be able to go to the school and talk to the teacher about how the child is doing. Each person will be able to go to the doctor and see the child’s medical records. Each person has a duty to support the child no matter where the child lives. So when you’re talking about custody of your children, rather than saying, “Sole custody is what is important” what you want to focus on, and what you want to address with your lawyer is, “What rights and duties will I have with my children?” In our office we take those individually and we go over them, each one of them so that you understand what your choices are.

How to Escape an Abusive Relationship

Written by redheadedlaw on September 7, 2017. Posted in Spousal Abuse.

The statistics are staggering and sad. According to multiple sources, three of every ten women (and one of every ten men) have suffered emotional or physical abuse from a partner. Because these situations are so gut-wrenching and can easily cloud the judgement of otherwise rational people, it is terribly difficult to end the cycle of abuse.

My firm has experience with these situations, and I understand the reluctance to act. However, given the importance of this topic (and the recent hurricane potentially adding fuel to already volatile relationships), I am offering a checklist of steps that I hope can help those who need help.

If you are in an abusive relationship, please read this list of steps you should take prior to leaving or evicting your partner.

Change the positions of your various pieces of furniture in your home – If you are being chased, your pursuer is depending on muscle memory to navigate while angry. Broken toes and/or smashed shins will slow anyone down real fast, and it will help corroborate your story later.
You don’t want any obvious weapons laying around that can be wielded on impulse – be sure to hide the silverware (and plastic cutlery as well.)
Read “The Gift of Fear” by Gavin de Becker – originally published almost 20 years ago, this has been described as a survival guide on how to avoid violence. It has been endorsed by such luminaries as Marcia Clark, Meryl Streep, Jodie Foster and Oprah Winfrey.
Agree on a simple signal to alert your friends, family and neighbors that you are in imminent danger. Make it simple – it can be a text saying “911”, a phone call and hang up, even something as obscure as putting out the trash on the wrong day. You should not be alone during this time and signals will keep you connected.
Don’t threaten the abusive party – For example, if he/she shows up at the house do NOT say “I’m calling the police”. Just call them – it will be unexpected and might distract or confuse the other person sufficiently to allow you to escape. Also, making that kind of announcement just means the other person now has a deadline and can do whatever comes to mind for that period.
Get to know your neighbors – in many neighborhoods everyone knows everyone else, but in some that’s not the case. You must find at least a couple of close neighbors who can be relied upon to help you in a time of need (such as by answering your texted “danger” signal.)
Install an alarm – A good alarm is like having a pack of noisy dogs in your living room. Nothing will get by silently – every visitor will be loudly announced. Often a shrill alarm will scare any intruder away.
Listen to your instincts – This is extremely valuable advice that is featured in “The Gift of Fear.” No one knows the habits, mannerisms and likely behaviors of your partner like you. If something doesn’t seem quite right, it probably isn’t.
Do not drive the same way home every day – I know this might sound a little too “James Bond,” but you don’t want to give your partner a blueprint to your every move. In addition,don’t park in the same spot everyday either. There are too many ways to track cars now. And last, never be afraid to make a scene in public. This can be extremely effective in defusing a situation.
Unfortunately, paper doesn’t stop bullets. Restraining orders and the like will not deter certain people. Please see #3 and #8.

Before the “Day”

Ultimately, there will come the day that you will either leave or evict. In preparation for this, you must do the following:

Change all passwords, open a new bank account and transfer enough community funds to live and pay your lawyer,
Change all locks at the house, pack a bag and prepare to stay somewhere else for two weeks at least. If the other party is to be evicted, then have a plan for some adult family members to camp out with you for awhile. You should not be alone in the house for at least two weeks.
Per #6 above, ask your designated neighbor(s) to keep an eye on the house. Also, agree on the code word, transmission channel and what the appropriate response should be. If you are remaining at the house, be sure to have them check on you periodically if you fail to contact them.

Above all, watch your back, and have others help you as well. This also means keeping your phone charged and on you at all times. If you don’t already own one, consider buying a gun, BUT take the proper classes on how to use a gun, practice, practice, and get the required licenses, and above all, DO NOT leave it out or near where your pursuer might use it against you. If you already have a dog, you might consider another one. Your partner might be familiar enough to charm his/her way silently past a family pet.

Please take these steps to heart, and you may contact my firm to learn about your legal options for dissolving an abusive relationship.

HB 93 Will Take Us Back to the Bad Old Days

Written by redheadedlaw on May 10, 2017. Posted in Divorce, Domestic Violence, Finances, Health, Law, Mental Health, Parental Rights, Property Division, Texas.

Back in 1970, Texas became one of the first states to offer couples a less confrontational, less expensive way to end a failed marriage. It was known as “No Fault” Divorce, and many at the time believed it would be a disastrous social experiment with American families. However, there is evidence now suggesting that rather than encouraging divorce, the long term effect of this option has been to make divorces less frequent.

During the 1970s and into the early 1980s, divorce rates did rise as each state eventually passed legislation to offer some kind of no fault option. In economic terms, you could say there was pent-up demand that was suddenly being satisfied by the change in laws.

One common measure of divorce rates is the number of divorces per 1,000 people. From about 4.6 per 1,000 in 1970, divorces in the US rose throughout the decade, peaking in 1981 at about 6.9 per thousand. Since then, the numbers have steadily declined, dropping to 4.0 per 1,000 in 2000 and just 3.2 today. Here in Texas, we are fortunate to have a divorce rate below the national average at 2.7 per 1,000.

Clearly, this is one of those rare occurrences where it’s good to be below average!

Texas House Bill 93 (and a companion bill that lengthens the waiting period from 60 to 180 days) would undo years of progress on dealing with divorces in the state and bring us back to the bad old days. If this Bill becomes law, couples whose marriages have failed will no longer be able to claim the no-fault option of “insupportability” – basically another way of saying irreconcilable differences. Instead, they will need to file using one or more of the fault-based grounds – adultery, abandonment, cruelty, felony conviction, living apart for three years or confinement to a mental hospital.

In my opinion, this Bill would be a disaster for Texas couples. They are already going through one life’s most stressful events. Now, they will be forced to adopt a confrontational approach and air their dirty laundry in public. Kids will be forced to take sides with all the long-term hurt and emotional baggage such conflict would sow.

And what about the parents? Should they be penalized for admitting that they are no longer compatible? Currently, it is estimated that as many as 90% of divorces in Texas are filed on no-fault grounds. Eliminating this option will make divorces much more expensive as one party will have to prove malfeasance as described above. This could entail the hiring of private investigators, expert witnesses, and the like. These proceedings will also take much more time to complete, which will also run up the bills.

But it’s not just about money. For women (and men) who are in abusive relationships, a no-fault divorce can be the only way out. After years in such a destructive relationship, the abused party will likely be very reluctant and afraid to report the partner to authorities, which would be required in an at-fault divorce. There is more data supporting current law – since no fault divorces became common, studies show female suicide has dropped 8 – 15%, domestic murder is down 10%, and domestic violence (for male and females) has fallen as much as 30%. Also, given the inevitable rise in costs that would ensue, would divorce become an option only for the wealthy?

There are many groups that support this change in law, but I can tell that as an attorney, I do not support it. Kids will suffer, parents and their families will suffer, and what if people lose their jobs and careers? How would this development help the lives of those involved?

If you have any questions on this or any other family law matter, please feel free to contact us here at the Essex Law Firm.

Why Am I Called the Red Headed Lawyer?

Written by redheadedlaw on January 2, 2017. Posted in Red Head.

I mean, besides the obvious reason (that I am a redhead), why promote my hair color to prospective clients? Is it just a marketing gimmick – an easy way for people to remember my website when they are seeking or recommending legal services? One can’t deny that “redheadedlawyer.com” is much easier to remember than “howelldonnerandblitzenllc.com.”

First of all, I don’t do gimmicks. When someone comes to me with a legal concern, it is serious business. At that point, what I am hearing is that all other traditional means of working out an issue have failed, and legal action is being entered into reluctantly, as a last resort. So this is no time for joking around. However, I (and everyone at the Essex Law Firm) do want to help people, and the website URL is distinctive. It makes us easier to remember and get in contact with so we can help.

But that’s not the only reason for “redheadedlawyer.com.”

Years ago my mother told me that I was one in a million. At the time, I thought she was just being a good mom, but later I learned that biologically speaking, she was onto something. According to the National Institutes of Health, around 1.6 percent of the global population has red hair (about one of every 64 people.) At the risk of getting too “Big Bang Theory,” red hair is the result of the recessive gene known as MC1R located on chromosome 16. Both parents must possess this gene for any shot at redheaded offspring, and even then, there is only a 25% chance that each child will be a carrot top. As a result, families can go generations before even knowing anyone carries these genes.

So how does my hair color help you in a legal situation? Believe it or not, it helps in many surprising ways.

Heightened Sensory Powers

Studies suggest that redheads are able to detect changes in their environment much better than others, such as subtle variations in temperature and humidity. They also have a higher pain threshold, but at the same time, require more anesthetic to knock them out during surgery. These unique characteristics may help in negotiations when opposing counsel becomes uncomfortable or otherwise exhibits a change in behavior. Maybe redheads have built-in lie detectors – not a bad quality when negotiations get heated. And perhaps the higher pain threshold guarantees a level of performance that will be maintained during illness or injury. As an attorney, you can’t afford to have an off day.

Produce Vitamin D

Redheads have lighter skin pigment, and as such, have to be careful about sunlight. To compensate, their bodies produce their own vitamin D. In addition to being important for physical health, this vitamin is also important for regulating mood. If you want your lawyer to be cool, calm, and collected, find a redhead!

Most are Left Handed

This is interesting because it addresses that old tale about redheads having a hot temper. While there isn’t any scientific evidence to prove that true, history does show something similar for lefties. In peaceful societies, data show that on average, about 3% of the population is left handed. The figure jumps to 27% in war-like societies. For some reason, lefties are more successful in battle. Believe me, everyone at my firm will go to battle for you. Possibly, this is a reflection of their enhanced environmental sensitivity and ability to self-regulate mood, but I believe it all adds up to an advantage for clients of the Essex Law Firm.

What do Alexander the Great, Winston Churchill and Thomas Jefferson have in common? They were all redheads who got down to business and won. We will do the same for you here at the Essex Law Firm.