Attorney General Paxton Issues Guidance to Texas Family Law Judges on Limits of Application of Foreign Law

Every family law judge in Texas has been notified by State Representative Dan Flynn (R) of Attorney General Ken Paxton’s guidance on the limitations on the application of foreign law in the Texas court system. As reported by texasinsider.org, the attorney general issued Opinion #KP-0094 on Flynn’s request last month.

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According to Rep. Flynn, the objective is to ensure that foreign laws are never applied by judges in the state as it would a violation of constitutional rights and the state’s public policy. He said that General Paxton has clearly stated and given direction to the judges not to enforce foreign laws that violate the state’s public policy.

Outstanding divorce lawyers in Dallas, TX explain this issue was a major concern when the courts were called upon to resolve legal issues. 19 family law situations were addressed in Attorney General Paxton’s opinion. In his opinion, Paxton said that the courts did not have the discretion to apply foreign law in cases where it violated a party’s right to due process.

Legal pros point out that the foreign law issue was touched upon in bills introduced by Rep. Flynn in the last few legislative sessions. In some cases foreign laws were applied where foreign divorce orders, child support, and asset division were sought to be enforced. In some cases, spouses entered agreements to have foreign law applicable in the divorce dispute.

Texas Divorce Basics

Dallas, TX divorce lawyers explain that any couple that wishes to obtain a divorce in the state must meet the residency requirements. One of the spouses must be a resident of the state for at least six months while a divorce petition can only be filed in the county where one of the spouses has resided for at least 90 days.

They spoke about family law in an episode of The Good Wife. If you are a male, you should be careful about getting married in California since if there is a divorce, the law heavily favors the wife. In Texas, it is not so much politically correct which is why fathers are not hammered like they are in California if they are in a divorce. Political correctness has ruined California in a number of ways, family law is certainly one of them. This is why Texas is doing better than California in jobs, business expansion, and so on.

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Moreover, the state recognizes divorce on both fault and no-fault grounds. In the latter, the couple can cite irreconcilable differences or must have lived apart for at least three years. On the other hand, the filing spouse will have to provide evidence in the case of a petition based on fault grounds with their Texas divorce attorney. Some of the potential fault grounds accepted by the courts are domestic violence, abandonment, adultery, and felony incarceration.

In order to start divorce proceedings, one spouse files an Original Petition for Divorce in the respective county court. The papers are served to the other spouse who will have 20 days to reply. Next is the discovery process where both parties exchange information and documents.

If the spouses reach an agreement between themselves or with help from a legal counselor or mediator, then one of their legal representatives can prepare an Agreed Decree of Divorce that specifies the terms of the agreement. In case of a dispute, a trial date is set although it is mandatory for the spouses to attempt mediation as a last attempt prior to the trial.

If you need help with divorce proceedings, it would be prudent to reach out to an experienced Texas divorce lawyer. This is the best way to protect your rights and ensure a fair settlement.

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