Post-Divorce Self-Care Tips

 Life after a divorce can be a frightening and overwhelming experience. Often, a person going through a divorce has spent a good portion of their adult life as part of a partnership, a marriage. Readjusting to life as a single individual, with or without kids involved, is a daunting task. Here are a few self-care tips to help you along the way.

Put Your Needs First

When you were part of a couple, you may not have always been placing your needs first. Sacrificing your needs in favor of your partner’s needs is a common problem in unhealthy relationships and a habit you should work to shift away from following divorce. It is normal and healthy to examine and honor your own needs post-divorce.

Take a Personal Assessment

Start by looking into areas of your life that you feel are not receiving the attention and they are due. Schedule time to do things such as rest, read, meditate, exercise, and spend time with supportive family members and friends. Reflecting on aspects of life that have gone neglected, disregarded, or unfulfilled will help you move forward and remind you what you wish to prioritize in your life and future relationships.  

Discover Your Best Self

Remember, your basic needs do not define you as a person. Establishing new and healthy routines will set the tone for your new life.  The months following a divorce is the perfect time to address your own personal goals and desires as well. Take time to assess your personality and lifestyle and write down the aspects you believe are the strongest and set goals you wish to accomplish. So that you don’t overwhelm yourself in this step of the process, keep this list of goals to 5 items with varying, yet realistic, timeframes to complete them. For example, if you believe your health has been neglected you should schedule an appointment with your healthcare provider. Consider individual therapy, support groups, or joining a fitness program to help you improve and feel more confident.

But also go easy on yourself. Do your best not to solely focus on your perceived weaknesses, but rather contrast them with equal focus on your strengths. Prioritize things you wish to improve and put a plan in place to do so. Trust yourself!

Cultivate New Hobbies

Any strained relationship places difficulties on the individuals within them. Typically, a precursor to divorce involves a great deal of effort to reconcile and improve the relationship. Unfortunately, by spending a lot of your time on your marriage and then the divorce process, you are likely to have neglected any hobbies you might have had or perhaps dreamed of exploring. Now is the perfect time to return to them or begin new ones. Have fun!

You may even consider taking a personal enrichment course. Many community colleges or enrichment centers offer free or low-cost courses to help learn new skills. Alternatively, you can find free tutorials online, including podcasts or even YouTube. Choose a skill that interests you such as painting, woodworking, or writing. By developing a new skill, you will undoubtedly increase your self-confidence and pride in yourself for taking the leap to explore a particular skill set. You may even make a few new friends who share your interests as well!

Increase Your Social Circle

Speaking of new friends, one of the best things you can do following a divorce is to invest in social relationships. Studies have shown that strong relationships promote an improved quality of life and, quite possibly, are attributed to increasing your overall health. Life after a divorce can often be socially awkward, to say the least, especially if many of your friends were friends with both you and your spouse.

As a result, don’t be surprised if many of the relationships you shared as a married couple fizzle out…this can happen gradually, or sometimes rather abruptly. Those that linger longer are often emotionally strained or feeling awkward about being in your company. But look at this situation with a fresh perspective – YOU may no longer be the same person you once were, and what aligned you with these friends may have shifted. Take this opportunity to be grateful for the friends you had along the way but wish them well (to yourself) as you adjust to your next, and hopefully fulfilling, phase of life.  

Consider joining groups or taking part in activities that will help you establish new non-romantic friendships. By widening your social circle, you will have more opportunities to spend time outside the home and better cope with the anxiety and fears that often accompany post-divorce life.  

 

Throw Away Your Guilt

Lastly, you should do your best to avoid any sense of guilt that will inevitably creep into your mind from time to time. Our current world and social dynamic often imposes expectations on people to put the needs of others above their own, which only leads to unhealthy self-care practices. You deserve the time to address your personal needs, explore new interests, and re-discover yourself. Do not allow anyone to convince you otherwise!

This is a difficult time in your life and stress, pain, and anxiety will inevitably accompany it. A strong focus on self-care is the best way to get through it. Focus less on the past and any role you may or may not have played in your divorce unless you are doing so in a therapeutic setting with a trusted mental health professional. Now is the time to forge ahead and take control of your life and your future!

Jenkins & Kamin, LLP cares about their clients and wants every stage of their divorce to go as smoothly and favorably as possible. They are committed to helping you throughout your case and beyond by providing resources and legal counseling to help you begin your new life in the best position.

Jenkins & Kamin LLP is one of the most respected family law firms in Texas. The firm is noted for its “team” approach by pairing skilled attorneys, paralegals and other support staff to enhance each client’s experience in difficult life transitions.

In addition to the “team” approach, Jenkins & Kamin, LLP strives to personalize case strategies for each individual client, including identification of every particular legal issue and effective explanation of the law with respect to those issues.  The firm endeavors to achieve a resolution that is appropriate for each client, while aggressively advocating on their behalf when necessary. Having a dedicated and experienced team working with you in any family law matter is of utmost importance to achieve the best result possible.

Jenkins & Kamin LLP represents clients in the following aspects of family law practice: Marital Property Agreements, Divorce, Complex Property Issues, Child Custody & Visitation, Child Support, Parentage, Modifications, Domestic Violence Issues, Family Law Appeals and Dispute Resolution Alternatives. To learn more about the firm, visit www.jenkinskamin.com or contact one of the offices in the greater Houston area.

Jenkins & Kamin, LLP Honored by The Houston Chronicle

 Each year, The Houston Chronicle celebrates the Best of the Best community choice awards.  Over 150,000 thousand companies are nominated by clients and employees before being tested through multiple rounds against other businesses in their industry. 

On July 14, 2022, Jenkins & Kamin LLP claimed top honors for the night and as being “Best of the Best” in the category of Family Law in Houston, Texas.

This came as no surprise as Jenkins & Kamin LLP is one of the most respected family law firms in Texas. The firm is noted for its “team” approach by pairing skilled attorneys, paralegals and other support staff to enhance each client’s experience in difficult life transitions.

In addition to the “team” approach, Jenkins & Kamin, LLP strives to personalize case strategies for each individual client, including identification of every particular legal issue and effective explanation of the law with respect to those issues.  The firm endeavors to achieve a resolution that is appropriate for each client, while aggressively advocating on their behalf when necessary. Having a dedicated and experienced team working with you in any family law matter is of utmost importance to achieve the best result possible.

Jenkins & Kamin LLP represents clients in the following aspects of family law practice: Marital Property Agreements, Divorce, Complex Property Issues, Child Custody & Visitation, Child Support, Parentage, Modifications, Domestic Violence Issues, Family Law Appeals and Dispute Resolution Alternatives. To learn more about the firm, visit www.jenkinskamin.com or contact one of the offices in the greater Houston area.

Protective Orders in Texas

Not all relationships end amicably. Some often end in a rather volatile way. If you are dealing with a situation in your marriage or dating relationship that is becoming increasingly hostile or violent, you undoubtedly fear for your safety and for the safety of any children who may reside with you. When the situation at home escalates, it may be in your best interest to seek a protective order from the Court. In Texas, there are a few options you can pursue to protect yourself.  The protective order you obtain, however, will depend upon the facts in your specific case. Below is a summary of some of the protective orders available under the Texas Family Code.

Temporary Ex Parte Protective Order

If your spouse or partner has exhibited violent behavior toward you or your children, you can ask the Court to grant you a temporary ex parte protective order. This type of protective order can be issued by the Judge without holding a hearing or noticing the other party, which is why it is known as an “ex parte.”

To obtain this type of protective order, you must provide proof, usually through a sworn affidavit signed under oath, that your spouse or partner has abused you and/or your children in the past and that you are in fear of or at risk of being abused again in the future. If the Judge believes that the danger to you is imminent, he or she will likely issue a temporary ex parte protective order. This type of protective order only lasts for 21 days but may be extended for an additional 21 days, after filing a proper motion, until a hearing can be held.

The temporary ex parte protective order can provide you some immediate physical protection, as well as your children if they are also listed as “protected persons” in the order, while efforts are made to get the other party properly served with the application for protective and the temporary ex parte protective order. The temporary ex parte protective order, if granted, will also include a hearing date and the other party will be given notice to appear for that hearing, once he or she is served.

Final Protective Orders

If the Court grants you a temporary ex parte protective order, you will have the ability to put on more specific and compelling evidence as to why you (and your children) should be granted longer-lasting protection, a final protective order, against your spouse or partner at the scheduled hearing.

The Judge will listen to arguments from both parties before making a final decision. If the Judge determines, based on the evidence presented, that you have been abused by your spouse or partner and that you are also at risk of imminent physical or bodily harm in the future, a final protective order is the likely result after the conclusion of the hearing. A final protective order typically lasts for up to two years. However, if the actions of the abuser resulted in serious bodily injury to you or any member of your household, the Judge can also issue a final protective order that lasts longer than two years. This is especially true if the abuser has had two or more protective orders issued against him or her in the past, or if the violent actions exacted against you are considered a felony criminal offense (i.e., strangling by the throat).

Conversely, however, a judge can decide to reduce the originally ordered duration of a protective order or perhaps lift the protective order entirely. Individuals who are subject to protective orders issued against them (often referred to as Respondents or Defendants) can file a motion with the court to request a reduction or discontinuation one year after the order was issued. After such a request is made, the Judge will first hold a hearing and receive evidence and testimony from both parties before deciding whether or not there is a need to leave the protective order in place.

Emergency Protective Orders

The types of protective orders discussed above are issued in a civil district court after you have filed an application for a protective order. But they do not require that your spouse or partner be physically arrested by law enforcement for the violent actions you are alleging they engaged in before you can attempt to obtain them. Emergency protective orders, however, are typically issued by a criminal court following an arrest for violent behavior against a spouse, dating partner, or any member of the household. Emergency protective orders, which are also known as a Magistrate’s Order of Emergency Protection (“MOEP”), generally last up to 60 days after one is issued. This type of emergency protective order is a more expedient and effective option if your spouse or partner has engaged in assault, stalking, sexual assault, sexual abuse, or sex trafficking, for example.  While most emergency orders automatically expire after 60 days, this type of protective order can also be extended by the criminal court. If the abuser has used or brandished a deadly weapon while committing any of the above-mentioned crimes, the order may be in place for longer. The arresting officer will usually file an emergency protective order at the time of the arrest. However, an order can also be issued after the complainant or the District Attorney’s office requests the appropriate court to issue a MOEP.

Fearing for your own safety and livelihood only compounds the complications and stresses in an already tenuous situation at home. An experienced family law attorney can help you determine the best course of action if you are seeking legal protection from an abusive spouse partner. The law firm of Jenkins & Kamin LLP stands ready to advise you and advocate on your behalf.

Jenkins & Kamin LLP is one of the most respected family law firms in Texas. The firm is noted for its “team” approach by pairing skilled attorneys, paralegals, and other support staff to enhance each client’s experience in difficult life transitions.

In addition to the “team” approach, Jenkins & Kamin, LLP strives to personalize case strategies for each individual client, including identification of every particular legal issue and effective explanation of the law with respect to those issues.  The firm endeavors to achieve a resolution that is appropriate for each client, while aggressively advocating on their behalf when necessary. Having a dedicated and experienced team working with you in any family law matter is of utmost importance to achieve the best result possible.

Jenkins & Kamin LLP represents clients in the following aspects of family law practice: Marital Property Agreements, Divorce, Complex Property Issues, Child Custody & Visitation, Child Support, Parentage, Modifications, Domestic Violence Issues, Family Law Appeals, and Dispute Resolution Alternatives. To learn more about the firm, visit www.jenkinskamin.com or contact one of our offices in the greater Houston area.

 

 

What Happens to the Family Home in a Divorce?

 Texas is a community property state, so if you are contemplating a divorce or in the middle of one, you should be aware of what this entails and the effect on your property division. When two people enter a marriage, a community estate is created. This means that most of their property, assets, and debts acquired during the marriage are presumed to be assets and debts of the community estate. Conversely, there can be assets or debts that are characterized as separate property of either spouse. Separate property is generally considered to be property that was acquired before the marriage or was received as a gift or through inheritance.

Some common examples of community property are bank accounts, credit cards, real estate, retirement accounts, and vehicles that spouses acquire during marriage. More specifically, your family home will likely be characterized as community property if the property was purchased after the date of marriage and the funds used to purchase and maintain the home were earned during the marriage as well. If both elements are true, then the home is subject to fair and equitable division at the time of divorce.

It is important to clearly establish when the home was purchased as well as where the funds came from to purchase the home. If monies earned or received prior to marriage were used, then the party who utilized those separate property funds could assert an equitable claim of reimbursement against the community estate to recapture those dollars. If the home was purchased before marriage, but was maintained by the parties after marriage, the spouse who did not take part in purchase could, likewise, assert a reimbursement claim against the other spouse’s separate estate on behalf of the community to ensure appropriate credit is given to the community estate for mortgage, taxes, and insurance payments (among other things) on one spouse’s separate property. However, pursuing a reimbursement claim is not always a simple exercise and requires that the party making the claim have sufficient proof to trace the money, in reverse, such as settlement statements, closing documents, and bank records.

If the Court weighs all the evidence and determines that the property is clearly and convincingly characterized as separate property, then the property itself is not subject to division in divorce, leaving only the reimbursement claim as the method by which the community estate can receive fair credit. But if the property is determined to be community property, you will have to come to an agreement as to how the family home should be divided, or leave the fate of your home in the Judge’s hands

Dividing property can be a difficult, and often emotional, aspect of divorce. Every family is different. There is no singular “correct” answer on how to divide the family home in divorce. Your family’s needs and your financial situation will impact how you deal with the disposition of the family home.

 Some common solutions you can consider are:

1.      Selling the home and dividing the proceeds equally.

2.      Having one party buy out the other’s share of net equity (i.e., fair market value as determined by an independent appraiser less mortgage indebtedness and other liens).

3.      Continuing to own the property jointly.

4.      Letting one party retain ownership in exchange for other divisible assets.

It is most common for both parties to sell all real estate and divide the proceeds as purchasing the other party’s interest can be expensive and unrealistic for many situations. It is important to consider the pros and cons of each option, considering your family’s circumstances. Many times, the parties wish to continue to raise their children in the family home and later sell the property after the kids have finished high school. But this option, if implemented, means you will need to remain in contact with your ex, work together to maintain the property and ensure that the mortgage and other expenses associated with the property are timely taken care of. This is especially difficult with a high-conflict divorce or if you have trouble communicating effectively and respectfully with your ex.

Additionally, maintaining a financial connection with your ex after divorce could have a negative impact on your credit score. For example, your mortgage debt will appear on both of your credit reports if you are both named on the note. Also, if the party who retains ownership of the property post-divorce fails to make mortgage payments, it can negatively affect the other party’s credit score, limiting that party’s ability to secure and purchase a home of their own. Similarly, if one party files for bankruptcy, the bank and creditors may be able to seize that property in the process.

No matter how you choose to deal with your family home in divorce, it is important that the terms and obligations are carefully and specifically defined. Utilizing experienced legal representation to accomplish this is highly advisable and the attorneys at Jenkins & Kamin, LLP are prepared to serve you.

Jenkins & Kamin LLP is one of the most respected family law firms in Texas. The firm is noted for its “team” approach by pairing skilled attorneys, paralegals, and other support staff with clients to assist them during difficult life transitions.

In addition to the “team” approach, Jenkins & Kamin, LLP strives to personalize case strategies for each client, including identification of every legal issue and effective explanation of the law with respect to those issues.  The firm endeavors to achieve a resolution that is appropriate for each client, while aggressively advocating on their behalf when necessary. Having a dedicated and experienced team working with you in any family law matter is of utmost importance to achieve the best result possible.

Jenkins & Kamin LLP represents clients in the following aspects of family law practice: Marital Property Agreements, Divorce, Complex Property Issues, Child Custody & Visitation, Child Support, Parentage, Modifications, Family Law Appeals and Dispute Resolution Alternatives. To learn more about the firm, visit http://www.jenkinskamin.com or contact one of our offices in the greater Houston area.

Mike Day joins Jenkins & Kamin LLP

 Jenkins & Kamin LLP is proud to announce Mike Day has joined the firm as an associate. Jenkins & Kamin LLP is one of the most respected family law firms in Texas. The firm is noted for their “team” approach to enhance the client experience by utilizing its attorneys, paralegals and other support staff to support its clients during difficult life transitions.

In addition to the “team” approach, Jenkins & Kamin, LLP strives to personalize case strategies for each individual client, including identification of every legal issue and effective explanation of the law with respect to those issues.  The firm endeavors to achieve a resolution that is appropriate for each client, while aggressively advocating on their behalf when necessary. Having a dedicated and experienced team working with you in any family law matter is of utmost importance to achieve the best result possible. 

Experience matters. Compassion counts.

Mike Day was born in New Orleans, and moved to Texas when his father was transferred to the Houston-area with Exxon.  Mike attended the University of Texas at Austin, where he was a member of the Liberal Arts Honors Program and graduated with a degree in History in 2002.  He received a Dean’s Honors Scholarship to attend South Texas College of Law-Houston.  During law school, Mike learned a great deal about trial advocacy and was highly involved in the nationally recognized moot court program.

Mike began his legal career as a small-town felony prosecutor.  A month into the job, he conducted his first jury trial in a murder case.  In addition to managing an active felony docket, Mike was also responsible for obtaining protective orders on behalf of domestic violence victims.  Thereafter, Mike worked for then-Texas Attorney General Greg Abbott where he defended medical providers and state employees in civil lawsuits in in both Texas courts and federal courts at the trial and appellate levels.  After meeting his future wife, Mike returned to Houston in 2008 and shifted the focus of his practice to family law. Since then, Mike has successfully represented family law clients in jury trials, bench trials, arbitrations, depositions, mediations, appeals, and various hearings. Not only does Mike enjoy the intellectual challenge of high net worth divorces, he also has a passion for family law matters involving children with special needs.

In 2022, Mike became Board Certified in Family Law and joined the Jenkins & Kamin family.  In addition to his private practice, Mike serves as the Marital Property and Homestead Reporter of the Real Estate, Probate, and Trust Litigation section of the State Bar of Texas.  This role requires Mike to prepare quarterly reports summarizing the most cutting-edge cases on the intersection of characterization (i.e., whether property is community property or separate property) with trusts, inheritance, business valuation, and real estate issues to this section’s attorney members.

Mike has previously served on the Board of Directors of the Family Law Section of the Houston Bar Association and has twice served as a Team Leader in the Burta Rhoads Raborn Family Law Inn of Court.  In 2017, he won the “Outstanding Article Award” from the Houston Bar Foundation for his article examining unresolved issues involving same sex marriages. Mike also received the “Individual Volunteer of the Year Award” at the Harris County Pro Bono Bench Bar Conference in 2017.  He is a fellow of the Houston Bar Foundation and the Texas Bar Foundation.  When he is not practicing law, Mike enjoys spending time with his family, reading, and traveling.

Jenkins & Kamin LLP represents clients in the following aspects of family law practice: Marital Property Agreements, Divorce, Complex Property Issues, Child Custody & Visitation, Child Support, Parentage, Modifications, Family Law Appeals and Dispute Resolution Alternatives. To learn more about the firm, visit www.jenkinskamin.com or contact one of our offices in the greater Houston area.

Do Judges Interview Children in Texas Custody Cases?

 If you are a parent in Texas seeking custody of your children in a suit for divorce or modification, you may be interested to know more about the Court’s role in making a decision on this issue.  A judge will consider many factors when ruling on custody, with the most important consideration being the best interest of the children involved in the suit after hearing all the evidence presented by the parties.

One of the aspects in determining a child’s best interest can be the desire or choice of the children themselves. Parents involved in custody cases may request a judge to interview a child and discuss their preference on who they want to live with as well as what visitation they would like with each parent. These interviews are typically conducted in the Judge’s chambers without attorneys or parties being present. But, this is not an option in all custody cases. For example, The Texas Court of Appeals recently affirmed a trial court’s decision to decline to perform an in-chambers interview of a child in a divorce case.

Under Texas law, a judge shall interview any children over 12 years of age to determine their preference as to the parent with whom they wish to primarily reside. In the aforementioned case, a mother of four children had requested that the Court conduct an interview of the oldest child (who was thirteen years old). However, the Court denied her request, asserting she had waived her right to have the child interviewed because she failed to file the requisite motion. At the conclusion of the case, the father was awarded primary custody of the children which prompted the mother to file an appeal, citing the legal requirement in Texas to perform an in-chambers interview of a child older than twelve as she requested. The trial court’s ruling was ultimately upheld by the appellate court, and in doing so, determined that the decision to deny an in-chambers interview of the 13-year old child did not constitute reversible error because the child’s preferences had been adequately presented through other evidence, including the testimony of the child’s therapist and a custody evaluation that was conducted by a social worker during the litigation.

While this case is a bit outside the “norm”, it’s instructive. If you make a proper motion to the Court requesting the Judge to interview your child who is older than twelve, the interview must occur according to Texas law. You can also request the Court to interview children under the age of twelve, but that decision is up to the Judge’s discretion and dependent on facts & circumstances specific to your case.  

In this interview, the Court will take your child’s wishes about their primary residence and visitation arrangements into consideration, but this decision is ultimately up to the Court. Meaning, the Court will not simply “rubber stamp” your child’s expressed preference. Regardless of a child’s age, the Court’s primary consideration in ruling on such matters shall always be “what is in the child’s best interest?”. A child’s preference is only one of many factors the Court may choose to consider.

Going through a disputed custody trial is emotionally difficult for all parties involved, especially the children. You want to ensure that all relevant information is available and properly presented to give the Court the ability to determine the best arrangement for your children. An experienced attorney can help you prepare your case strategy to achieve the most favorable and just result.

If you are searching for someone to represent you in a divorce or modification involving contested custody issues, Jenkins & Kamin, LLP is prepared to serve you. Jenkins & Kamin LLP is one of the most respected family law firms in Texas. The firm is noted for its “team” approach by pairing skilled attorneys, paralegals and other support staff to enhance each client’s experience in difficult life transitions.

In addition to the “team” approach, Jenkins & Kamin, LLP strives to personalize case strategies for each individual client, including identification of every particular legal issue and effective explanation of the law with respect to those issues.  The firm endeavors to achieve a resolution that is appropriate for each client, while aggressively advocating on their behalf when necessary. Having a dedicated and experienced team working with you in any family law matter is of utmost importance to achieve the best result possible.

Jenkins & Kamin LLP represents clients in the following aspects of family law practice: Marital Property Agreements, Divorce, Complex Property Issues, Child Custody & Visitation, Child Support, Parentage, Modifications, Family Law Appeals and Dispute Resolution Alternatives. To learn more about the firm, visit www.jenkinskamin.com or contact one of our offices in the greater Houston area.

How Does Infidelity Affect a Divorce in Texas?

 Sadly, infidelity among spouses is a prevalent issue. The rise of technology has only exacerbated this problem by creating more opportunities for partners to be unfaithful. Affairs are a difficult thing for partners to face and reconcile and are one of the more common reasons for a marriage to fail. If you are intending to file for divorce from your spouse after infidelity, you may be wondering just how this can affect your case as well as how to move forward in your own life.

You should be aware that Texas is a ‘no fault’ divorce state. Meaning, you can file for and be granted a divorce without needing to establish any legal reason. No-fault divorces are the most common listed reasons for divorce. However, you do also have the option to list infidelity/adultery as the grounds for divorcing. Keep in mind that asserting the ground of adultery in your divorce requires that you can prove that your spouse and another party engaged in sexual or physically intimate activity with each other while you were married; you cannot simply rely on speculation or a “hunch”. Furthermore, flirtatious activity, while emotionally difficult to discover, does not qualify as adultery under Texas law.

If you suspect that your spouse has been unfaithful it is important that you do what you can to prove your suspicions are correct. A judge will require clear indication that infidelity has taken place in order to sustain your allegation. You can present direct evidence such as photographs, or indirect evidence such as suspicious credit card charges or text messages to prove that an affair has taken place. You should work with your attorney to gather the evidence you need to prove that adultery or infidelity actually occurred or that all signs point to a circumstantial occurrence of this breach in the marital relationship. Depending on your situation, your attorney may even advise the involvement of a private investigator to obtain necessary evidence to support your case.

It is important that you gather as much evidence as you legally can, and early on. But, know that if you break the law to gather any evidence, such as hacking into your partners’ private email account or cell phone, that evidence would be inadmissible in court, not to mention the civil and criminal penalties that you could face for doing so. However, if you legitimately have access to phone records, text messages, bank and credit card statements, etc., such access will assist you in formulating a case for a disproportionate division of your marital assets. Social media activity is also useful to monitor or uncover any illicit activity of your spouse and you should take complete screenshots of any questionable posts or interactions as soon as you see them. While you cannot delete evidence when litigation is contemplated, it is possible this information could no longer be available down the road when you need it in a divorce proceeding.

Adultery as grounds for divorce may change how shared property is distributed.

One of the most important reasons a person might assert adultery as the basis for fault ground in breakup of the marriage is because you may be able to convince a judge that your spouse’s infidelity entitles you to a disproportionate share of the marital property. In most cases, the court attempts to split shared property evenly; however, if there is a fault you may be awarded more.

Simply proving your partner’s affair does not automatically entitle you to a favorable settlement. You will also need to demonstrate your emotional and financial injuries, including the loss of benefits to you from the continuation of the marriage. A disproportionate award of the marital estate in your favor is not designed as a punishment for your spouse, however. If infidelity occurred, but you did not suffer any loss, do not expect to gain a more favorable settlement. One of the most common ways to demonstrate your loss following discovery of an extra-marital affair is to show how your partner spent marital assets, bought extravagant gifts, meals, and accommodations in furtherance of their dalliances, as well as proving that they spent excessive time away from the you or your family for this purpose. Of course, this places an even heavier burden on the party asserting adultery as the basis for seeking a disproportionate division to gather necessary evidence, which comes with additional costs such as the emotional strain of these acts & circumstances being revealed to you.

Navigating an at-fault divorce is difficult, but you do not have to face it alone. An experienced family law attorney will work with you & strategize with you to ensure your case is presented in the most favorable and logical manner.

If you are searching for someone to represent you through your divorce, Jenkins & Kamin, LLP is prepared to serve you. Jenkins & Kamin LLP is one of the most respected family law firms in Texas. The firm is noted for its “team” approach by pairing skilled attorneys, paralegals and other support staff to enhance each client’s experience in difficult life transitions.

In addition to the “team” approach, Jenkins & Kamin, LLP strives to personalize case strategies for each individual client, including identification of every particular legal issue and effective explanation of the law with respect to those issues.  The firm endeavors to achieve a resolution that is appropriate for each client, while aggressively advocating on their behalf when necessary. Having a dedicated and experienced team working with you in any family law matter is of utmost importance to achieve the best result possible.

Jenkins & Kamin LLP represents clients in the following aspects of family law practice: Marital Property Agreements, Divorce, Complex Property Issues, Child Custody & Visitation, Child Support, Parentage, Modifications, Family Law Appeals and Dispute Resolution Alternatives. To learn more about the firm, visit www.jenkinskamin.com or contact one of our offices in the greater Houston area.