Category Archives: Divorce Texas

Absolutely Divorced in Nueces County Maryland

Everyone (at least in my generation) remembers the movie Irreconcilable Differences starring Drew Barrymore as the child.  It was heartbreaking that that parents had to prove they had grounds for a divorce. 

Not only did they have to struggle with the break- up of their relationship, but in New York, they had to tear each other down in order to QUALIFY for a divorce.  

Texas does not follow that model, and the legislature has decided that if either spouse wants a divorce, that’s all it takes. 

They use the word insupportibility instead of irreconcilable differences, but it has the same effect.  You may have heard of this referred to as no-fault divorce.  Instead of having to claim and prove grounds for divorce, such as adultery, abandonment or other undesirable characteristics, a spouse merely has to say the marriage is insupportable due to conflict or discord of personalities that destroys the legitimate ends of the marriage  relationship and prevents any reasonable expectation of reconciliation. 

I have some clients who believe it’s too easy.   Some would prefer their spouse be court ordered to counseling and take steps to the save the marriage.  Although that makes sense, the Texas legislature has determined it best not to force a person to stay married against their will.  If that is the approach, then avoiding all the mudslinging is truly better for families in the long run.

Kelly Koch

Law Office of Kelly Koch, PC

1402 N. Chaparral Street

Corpus Christi, Texas 78401

Tel: (361) 882-8000

Fax: (361) 882-8757

Kelly@kellykoch.com

Facebook and Texas Divorce

If you ask an honest lawyer (no jokes please), he will probably tell you that all of those tools were almost universally problematic.

Except for private investigators, these tools all depend, in varying degrees, upon the honesty of the parties and witnesses.

That is obviously a problem.

Private investigators on the other hand, are expensive and sometimes they just can’t prove the facts we need. The facts which were nearly impossible to ascertain, were those that went on behind closed doors.

Not anymore !! Social media postings, email, text and other electronic info now dominate custody and divorce cases.

In all my years of practice, I’ve had less than five cases where a private investigator made the difference between winning and losing.  Most times I tell my clients not to hire one, because Texas is no fault grounds for divorce, and you don’t have to prove adultery to get a divorce.  But that’s not the only reason for needing a private investigator.

These days, electronic media makes an impact on a divorce or custody case.  And YOU can be your own worst enemy.  .

Today people routinely post things on their social media that previously would cost thousands to uncover, if it could be uncovered at all. Better still, the people in question are usually the ones who author the information. Things like: using drugs, partying and drinking, toxic epithets about the ex and info about cheating on their spouse. You just can’t believe what pearls fall into a custody lawyers lap because of somebody’s 3am blog posting in whatever tired and/or intoxicated state they may be.

The information is not limited to what they say in text. Photographs are just as damaging.  I heard of a case where the Dad posted his picture from a bar. Innocent enough? Nope, he was supposed to be home with the kids.

Colorful screen names are problematic as well. I know you or your son/daughter thought it was the funniest thing ever when u picked: “Doobie Houser”, “Rum-Runner” or “lookn-4-lust” as a screen name.

So play it safe and step away from the electronics.  Text and phone your friends directly.  You never know who is watching from behind the screen.

Kelly Koch

Law Office of Kelly Koch, PC

1402 N. Chaparral Street

Corpus Christi, Texas 78401

Tel: (361) 882-8000

Fax: (361) 882-8757

Kelly@kellykoch.com