Anne Turner Beletic is a member of the Texas Academy of Family Law Specialists and a Fellow of the American Academy of Matrimonial Lawyers. Ms. Beletic has also authored a variety of articles and lectures regularly, in the field of family law. Ms. Beletic, whose practice is based in Dallas, Texas, can be reached at 214/953-0017 or anne@beletic.com.
Ms. Beletic recently took time out of her busy schedule to answer The Modern Woman’s Divorce Guide’s questions about divorce.
1. What are the grounds for divorce in your state? In-supportability (no fault), cruelty (emotional or physical), adultery, conviction of a felony, abandonment for at least one year, living apart for three years, and confinement in a mental hospital for three years.
2. Does fault (such as infidelity or domestic violence) affect the outcome of a divorce in your state? If so, how? Yes, since we are an equitable distribution state (i.e. even though Texas is a community property state, we are not a 50/50 division state; it is fact dependant and up to the discretion of the court). The Court has authority to award one side more or less depending on various factors including, but not limited to, infidelity or cruelty, the earning power of the spouses, the role of primary caregiver of children, etc.
3. If a woman is preparing for divorce what, if anything, can she do to improve the outcome of her case? She should learn as much about the marital assets and liabilities as possible and interview a number of attorneys specializing in family law. The American Academy of Matrimonial Lawyers is an excellent place to start since they are all specialized and have been recognized as excellent by their peers.
4. What are some of the biggest obstacles women face in divorce? Lack of control over financial resources and, in Texas, a statutory scheme that does not take care of women and children when the woman is a “stay at home” mom and the marital estate is not large.
5. When should a woman take her case to trial? When shouldn’t she? It is very fact and case specific (including which judge you have). Also, it is almost always much more expensive to go to trial but sometimes the issues and positions of the parties are so far apart that she may have no choice.
6. How can a woman make divorce easier on her children? If the case is appropriate, collaborative law is a good option to allow the parents to amicably resolve their issues and divorce while maintaining a good relationship for the children. Again, sometimes this is not an option and having a qualified mental health professional to help the children is a good idea.
7. What qualities should a woman look for in a divorce lawyer? Someone who is board certified in family law and has that as their primary practice, who is good in court but recognizes that clients generally benefit by avoiding the courthouse, and who really cares personally about their clients.
8. What should a woman do if she disagrees with her divorce lawyer’s recommendations? She should voice those disagreements, hear the response, and not be afraid to seek a second or third opinion.
9. If you could impart any of your wisdom to a woman who is going through divorce, what would it be? Educate yourself about your finances, follow through with “homework” your lawyer gives (or should) give you, try to make decisions on information and facts not feelings, and make sure you and your lawyer are a team.
10. Are there any divorce books or resources that you would like to recommend to women going through divorce? If so, please list them below. There are many resources available through the American Academy of Matrimonial Lawyers and, in Texas, The Collaborative Institute of Texas.
This article is not legal advice. You should consult an attorney if you have questions that relate to your divorce and finances.
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