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Divorce can make you feel all alone. You don't have to feel that way.
We understand.
We can help.
(512) 342-9980 |
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Jimmy Vaught has been named Treasurer of the State Bar of Texas' Family Law Section.
Jimmy will be on a family law appellate panel at the State Bar of Texas' Annual Advanced Family Law Course, held in San Antonio during the week of August 1st. |
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Check out our constant contact archive for past newsletters.
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Do you have an interesting idea for a newsletter or blog? We are always looking for people and topics to keep our newsletter fresh and relevant. We would love to hear from you!
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Standing Orders:
"No, you can't buy a Porsche!" |
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Jimmy Vaught |
As soon as a divorce petition is filed, the standing order goes into effect for the petitioner. It is not binding on the other spouse, or respondent, until he/she is served with the petition, or signs a waiver of service. This can be important in the timing of filing a petition for divorce because up until the time of the filing, both spouses are free to do some "pre-divorce" planning. After the order is in force, they are the rules by which you will live until the divorce is complete.
The question that most often comes up is "can I move all of our joint money into a separate account that only I have access to?" The answer is "yes and no." You are free to do it, but that does not mean that there will not be consequences. Inevitably the other spouse will notice, and his/her lawyer is going to set a hearing on the matter. The judge is probably not going to look very favorably if you have taken all of the community funds. A better plan would be to take half of the money, or an amount that will ensure that you have the ability to deal with the financial issues that are associated with the divorce process.
Another frequently asked question is "can I take the kids and go home to my parent's house (which is out of state)." Again, the answer is the same, "yes and no." You may take them to visit grandparents, or whomever you wish, out of state, any time before the standing order is in effect. However, if you take off with the kids, the opposing attorney is likely to set an emergency hearing, and the judge is going to force you to come back to the jurisdiction. And you will have given a very poor first impression to the judge.
Visit my blogsite (Vaught Law Firm Blog) for a companion blog, LEARN FROM THE CELEBRITIES (what NOT to do during your divorce), along with other posts. The Travis County and Hays County standing orders are attached below. Williamson County is slightly different in that whether or not there are standing orders in family matters is up to each Judge, but even if they are not spelled out, it makes good sense to follow them.
Travis County Standing Orders
Hays County Standing Orders |
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Guest Article by
Patrick Watkins, CIC, CRM
President
Watkins Insurance Group
Email Patrick 512-452-8877 / 800-460-5932 |
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Divorce and Your Insurance Policies:
"No, you can't cancel the insurance on the Porsche!"
 | | Patrick Watkins |
When proceeding with a divorce there are a myriad of personal and financial decisions to be made. Being informed of the following insurance-related issues may allow you to dodge a few frustrating and uncomfortable situations.
There are a few general rules when it comes to insurance policies that you should keep in mind. One rule is that each spouse is owed certain protections within an insurance policy; even if only one of their names is actually listed as the "named insured". Because each person is afforded protection, the insurance agent can't process any policy changes that might decrease the protection of either party without their knowledge. Simply put, one spouse shouldn't be able to cancel their joint auto policy leaving the other driving around, clueless that they are uninsured.
Be aware that residential property policies are sensitive to occupancy. For example, if your home is now vacant and up for sale your Homeowners policy may no longer be very reliable. Alternatively, if one spouse moves out and a friend moves in, that new resident won't likely have any property or liability protection under the Home policy.
Of course these are general bits of information and you should keep in mind that every insurance policy is different. The best course of action is to be up-front with your insurance agent and find out first-hand how your active insurance policies will be affected by a divorce. Provide your agent with current contact information amidst changing addresses and phone numbers so that you can be notified when your soon-to-be-"ex" is attempting to cancel or make changes to the existing policies. Once you obtain insurance policies in your own name, any information related to your own policies must be kept strictly confidential by your agent.
Life and Health Insurance FAQ |
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