One of the most difficult issues involves delaying Court proceeding in expectation that the other side is going to agree. Most frequently this is fueled by a desire of the client not to go to court or the feeling of the client that the other side will be reasonable. First, going to Court is not all that bad. Secondly, the other side frequently delays for strategic reason (which is usually bad for you). Finally you must accept the fact that your spouse may not settle because of spite.

I recently had a client delay going to court because he thought that his spouse was going to be cooperative in selling the house. In fact, all that happened is the sale of the house was delayed for several months — exactly what his spouse wants.

I have seen other cases where a spouse simply cannot believe that his or her spouse will not eventually agree to settle. They keep delaying, delaying, and then are surprised when the case is called for trial and they are unprepared.

I have found the easiest way to settle an issue is get the case prepared, set a trial or hearing date, make a reasonable offer, and then be prepared to let a Judge decide the issue if the other side will not timely settle.

Texas has adopted “rehabilitation alimony.” Generally, alimony may be awarded to a spouse if the marriage was of at least 10 years duration and the spouse who is seeking alimony lacks sufficient property to provide for their minimum reasonable needs and:

1. is unable to support himself or herself through appropriate employment because of an incapacitating physical or mental disability;
   
2. is the custodian of a child with a physical or mental disability that precludes employment outside the home; or
   
3. clearly lacks earning ability in the labor market to provide for their minimum reasonable needs.
   

If you or your spouse is seeking alimony, let us help explain the requirements and make sure you qualify for the financial support you are seeking.

All too frequently, divorcing couples have had a long history of inflicting physical harm or bodily injury upon one or both of the parties. The Courts will not tolerate any family violence. The Court can enter a protective order that prohibits one person from committing family violence against another. The protective order usually goes so far as to prohibit one person from even going near the other person’s residence or place of employment. A copy of the protective order is given to the police. Trust John K. Grubb and Associates to make sure your family is safe through all legal means available.