Family Law Blog
December 2011
By Jan Hanna
The holiday season is a time of peace on earth, goodwill toward men (and women, of course!). At Stewart & Wiley, we sincerely wish that for you and your family. But we know when the presents have been opened and the lights taken down, many couples find themselves deciding to go their separate ways. Some just felt they should wait until after the holidays. For others, holiday activities provided the proverbial straw that broke the camel’s back. Either way, history shows the number of couples seeking a divorce rises after the holidays.
This article begins a multi-part series addressing questions often asked of divorce lawyers, and questions divorce lawyers wish they had been asked. Three questions a lawyer would wish she had been asked: (1) Aren’t my texts, emails, and Facebook messages to my boy/girlfriend private? (2) Do I really need to tell my lawyer about my one DUI twenty years ago? (3) Is it a problem if I commingle my inheritance with the funds my husband and I used to build our family business?
The answers are: (1) Not necessarily and, in fact, probably not. If you have access to texts, emails, and messages you're likely to have to produce them to your spouse during “discovery” – the process in which parties in litigation, including divorce, exchange relevant information. The fact you deleted them may not mean you don’t have access to them. (2) Yes. You don’t want your lawyer to find out about one of your bad acts in open court when the other lawyer tells the judge or jury about it. Be sure to honestly and completely answer all your lawyer’s questions. Offer potentially important information even if you are not asked. (3) It could be. Although Texas is a community property state, assets inherited during marriage remain separate property. They can, however, lose that character if hopelessly commingled with community property.
Whatever the season, a decision to divorce can have many significant consequences. We recommend that anyone considering a divorce consult a family law attorney as early in the process as possible.