Harris County Divorce Law Blog

Online news outlets and social media channels were abuzz last week over the news that media mogul Rupert Murdoch was filing for divorce from his wife of nearly 15 years.

According to news reports, Murdoch, 82, officially filed for divorce last Thursday from Wendi Deng Murdoch, 44, in the New York State Supreme Court in Manhattan.

While many of the details surrounding the divorce filing remain unknown, sources indicate that Murdoch's filing stated that "the relationship between the husband and wife has broken down irretrievably." The couple -- who met at a cocktail party in Hong Kong in 1997 -- have two children, ages 9 and 11.

Of course, one of the more popular topics of conversation concerning news of Murdoch's impending split has to do with control of News Corp., the world's second largest media conglomerate of which Murdoch is both CEO and chairman.

One family law concept with which many people are undoubtedly familiar -- perhaps thanks to television shows and celebrity gossip magazines -- is the prenuptial agreement.

In general, a prenuptial agreement is a legally binding document setting forth the rights and expectations of each party concerning such important legal matters as property division and spousal support.

However, did you know that in most states, prenuptial agreements are subject to rather stringent execution and/or filing requirements that can render them void if not followed correctly.

Consider a recent case out of the state of New York, where the Court of Appeals -- the highest court in the state -- recently ruled that a prenuptial agreement issued a decade earlier was invalid over what appeared to be an otherwise minor paperwork error.

The explosion of smartphones and tablet computers coupled with the continued growth of wireless Internet access has served to make instant communication among friends, family and co-workers the new norm. In just a few keystrokes or taps on a phone screen, we can instantly send a text message, mail a presentation or upload photos. However, with this constant interpersonal communication comes the risk of perhaps sharing too much.

To illustrate, consider the divorce case of Melinda Navarro, currently the executive administrator of the Alamo.

In September 2012, Navarro's husband discovered a series of explicit photos and texts on her work cell phone that she had sent to a former Alamo vendor. However, rather than keeping the matter private, the husband proceeded to forward some of the explicit content to Navarro's co-workers.

When a spouse makes the difficult decision to file for divorce, they typically understand that they will have to address and resolve a multitude of important legal issues over the coming months, including child custody, child support, spousal support and, of course, property division.

Here in Texas, we are a community property state. This means that any property acquired by a couple during the course of the marriage is split evenly upon divorce, such that the assets are accurately valued and then divided 50/50.

While property division is typically straightforward in many cases, it can become considerably more complex when business interests are involved. That's because some former spouses -- and business owners -- will go to great lengths to hide assets during their divorce.

For single parents in Texas, trying to balance raising a child with bringing in an income can be incredibly difficult. Being present and supportive for the child can be difficult while also trying to secure an income to provide clothes, food, school supplies, health care, child care and everything else.

Compared to children raised in two-parent households, Texas children that live in a single-parent household are more likely to live in poverty. In fact, 60 percent of children living in single-parent household are subjected to long-term poverty. This circumstance can often deprive the child of future opportunity, creating barriers to a better quality of life.

A Texas woman filed for divorce from her husband of 11 years in Sept. 2010. The couple had two children together during their marriage, and it appears that the mother was awarded custody of both of the little girls.

The mother is now in a committed long-term relationship with another woman that lives with her and her two children. However, the woman’s ex-husband and father of her children asked that the morality clause be enforced in this case.

Last week, we discussed how a no-fault divorce can prove to be an extremely cost-effective manner for couples in Texas to end their marriage. No fault-divorce laws were first passed in the 1960s, and now every state allows individuals to pursue divorce in this manner.

An important aspect of no-fault divorce laws is that they allow an individual to file for divorce without the consent of their spouse. This is very significant because prior to these laws, couples had to either agree on ending a marriage or one spouse had to prove that another spouse was cheating, abusive, etc in order to proceed forward toward happier or healthier living circumstances.

Before worrying about the invariable finical ramifications of finalizing a divorce in Texas, many are concerned with affording the divorce itself rather than the aftermath. Obtaining a divorce is not free, but it does not have to be an expense that is out of reach.

Many in Texas continue to experience financial hardship in the wake of the economic downturn. Particularly for couples in this position, many find the idea of filing for divorce with forms made available online by the Texas Supreme Court to be a very appealing option. For a select population of couples in Texas, this is a viable option. However, for couples that need to work out child custody arrangements and property division, it would be unwise to pursue this avenue.