Sometimes things just don’t work out. Unfortunately, that is a fact of life. But just because things have taken a turn for the worse, doesn’t mean you should just leave things where they are and walk away. Out of sight may mean out of mind, but it almost never means everything takes care of itself.
If two people in a marriage realize that there are no reasonable expectations of reconciling or making up, then it is possible that the best thing for two people and their children, if any, is to file for divorce and resolve the issues surrounding their property, and more importantly their children, as soon as possible. Otherwise, complications will almost surely arise the longer that things are left unresolved.
It is common for people who are separated to become romantically involved with other people. But if they are not officially divorced, then the married person has just committed bigamy. Under Texas law, bigamy is at least a third degree felony. A third degree felony is punishable by a fine of up to $10,000.00 and 2-10 years in a state penitentiary.
Here’s another common scenario: Man “A” is still legally married to Woman “B”. “A” & “B” split up, but never divorce. “B” gets involved with Man “C”, and “B” has “C”‘s child. Under Texas law, “A” is presumed to be the child’s father, and can possibly be held responsible for paying child support to “B” for “C”‘s child. The child could potentially be ordered to spend weekends with a man who is not the child’s father. Sounds like a headache? It is.
There’s other complications when two people don’t divorce soon after things come to an end: Until a final divorce decree is signed by a judge that spells out the rights each parent has in relation to the children, then both parents have equal rights. Sounds innocent enough – until these kind of situations pop up:
– Who gets to enroll the kids in what school? Both parents.
– Who gets to have the children on their birthdays or holidays? Both parents have equal rights to have the kids on those days.
– Who decides where the children live? Both parents have equal say in where they want the kids to live.
– Who decides what religion the children will practice? Both parents have equal say in deciding the moral and religious upbringing of the children.
Not settling the custody issue leads to these types of questions:
Q: “The other parent won’t give back the children. Can I call the police to help me get my children back?”
A: You can call, but without a court order, the police will likely not get involved.
Q: “Can I make the other parent chip in for the children’s expenses, instead of spending his/her money on his/her new relationship?”
A: No.
Call or email me today in order to discuss your options if you find yourself in a situation similar to the ones I’ve just described. Remember, the worst possible choice you can make is to do nothing.