Natalie Pasdar and Adrian Pasdar
On June 30, 2017 the Dixie Chicks lead singer Natalie Pasdar filed for divorce from actor Adrian Pasdar after 17 years of marriage. In the petition, she cited irreconcilable differences and requested joint custody of the couple’s 16-year-old and 13-year-old children. If Natalie filed for divorce in Texas, there are a few things that would change with regards to the divorce petition.
- Irreconcilable differences (Texas Twist – Insupportability)
When Natalie cites irreconcilable differences, she is basically saying “Hey Judge, we do not get along anymore, but we are not bad people.” By citing irreconcilable differences, Natalie is telling the Judge that no one is at fault in the break-up of the marriage. In Texas, because Natalie and Adrian just don’t get along anymore, she would cite insupportability as the reason for the divorce. Insupportability means your marriage has become insupportable because of discord or conflict of personality between your spouse and yourself that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.
- Joint custody (Texas Twist – Joint Managing Conservatorship and Access/Possession)
Natalie has requested joint custody with regards to the children of the marriage. Now, I cannot be too sure what Natalie means by the term joint custody but quite often when someone says “I want joint custody” they are literally saying “I want to share physical possession of the children.” In Texas, the term “custody” is not a legal term. We use phrases such as conservatorship and access/possession. In essence, it is really simple. Conservatorship refers to the rights and duties parents have with regards to their children. Such as:
- The duty of care, control, protection, and reasonable discipline of the child;
- The duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure
Conservatorship in Texas can either be Joint or Sole depending on the circumstances of the case. In Natalie’s’ case she would ask for Joint Managing Conservatorship for both herself and Adrian. With regards to access/possession, she may ask for a possession schedule that is best for the children. It is quite possible Natalie may want a 50/50 week on week off arrangement with the children.
If you or anyone you know has questions pertaining to family law or wishes to have a free 30-minute consultation, please contact the family law attorneys at the Brandy Austin Law Firm. Our attorneys are experienced in handling all types of family law cases including divorce, custody, adoptions and child support.
Quick Celebrity Issues with a Texas Family Law Twist Aaron Rodgers
Olivia Munn and Aaron Rodgers
Sometime in April 2017, the former “Attack of the Show” co-host and “Discount Double-check” front man reportedly split after nearly three years of dating. The break-up comes just months after engagement rumors swirled when Olivia was spotted wearing a ruby and diamond encrusted ring on her left ring finger. Apparently, the engagement was just a rumor but what if the engagement was true. If both, Olivia and Aaron live in Texas, who gets the ring after the break-up?
- It was a gift (Texas Twist – It was an implied conditional gift)
Let us say for blog-sakes that Aaron and Olivia were engaged. Aaron proposed and Olivia said yes. Ultimately, they breakup and Olivia wants to keep the ring. Etiquette says “Let her keep it and do not ask for it back.” The law in Texas, says otherwise. The general rule in Texas is that the ring is a “conditional gift.” Meaning, “I Aaron “Discount-Double Check” Rodgers give you Olivia Munn this ring on the condition that you marry me in order for this ring to become a complete gift.”
- Who is at fault for the break-up?
Generally, the one who is at fault for the break-up would lose the right to get the engagement ring. If Aaron, had a change of heart then Olivia could keep the ring. If Olivia had a change of heart, then Aaron could keep the ring. The same principle would apply if Aaron or Olivia cheated during the engagement.
- Family Heirloom Engagement Rings
If you follow celebrity engagements, you notice a trend of flashy diamond rings of ridiculous proportions. The ring Olivia was wearing looked more like it was a family heirloom. Now I cannot confirm whether or not the ring Olivia had was a family heirloom but what would Aaron do if he proposed with a family heirloom and he decided to end the relationship? Under the law, Aaron may not get the family heirloom back because he ended the relationship. In instances, where family heirlooms are given as engagement rings many legal experts recommend having a prenuptial agreement that says what happens to the family heirloom in the event of a break-up.
If you or anyone you know has questions pertaining to family law or wishes to have a free 30-minute consultation, please contact the family law attorneys at the Brandy Austin Law Firm. Our attorneys are experienced in handling all types of family law cases including divorce, custody, adoptions and child support.
