Sep 04
Protective Orders are one of the most severe and serious aspects of Texas Family Law. Once granted, they are supposed to protect the safety and even lives of the person applying. Beyond that, they carry some important penalties for someone that a Protective Order is placed on. It ensures that they are not going to see their child on a regular basis or have any involvement in their child's life decisions. We have found that different Judges in different Courts vary widely in granting them. To...
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You may have read our first blog, "Is It Legal to Install a GPS Tracking Device on Your Spouse’s Car?", reviewing when installing a GPS tracking device could be deemed legal. In this article, we will discuss what unlawful installation of tracking device is. We will also review the defenses to this charge. Finally, you will learn about the consequences of unlawful installation of a tracking device if you or your spouse get convicted. If you put a tracking device in your spouse’s vehic...
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In our Dirty Divorce Tricks blog series, we go over common plays that spouses do, in hopes they can receive a custody or financial gain or even to try to maintain their losses. In this blog, we will go over how some spouses will fake violence to win custody. The vast majority of the time injunctions or restraining orders are filed because a party is the victim of domestic violence and truly needs protection. Faking Violence as a Custody Play However, in the divorce context it is not uncom...
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Did you know there are about 2 millions members of the active duty and reserve Armed Services? There are many times more veterans. The number of family members is even larger. And like everyone else, some of these relationships don’t work out. So - how does Texas treat these folks? Many service members fear that because of the nature of their profession and duty to their country, they will not be able to exercise their rights to custody, visitation and access to their children. However, be...
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What will happen to the house when it is all said and done? There are many possibilities which include: One party will be awarded the home and the other party may be ordered to take the steps either transfer title to the property (with or without warranties) and/or relinquish rights to the property; The parties may be ordered to sale the property and split the proceeds; The party which gains title to the home in the divorce will then be responsible for any costs associated with...
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The truth is, you and your soon-to-be-ex probably won’t ever agree with the valuation of your home completely. You’ve raised your children in this home, cooked meals for the family in this home, and you’ve even marked the wall in the door frame with the growing heights of your children. There is no way that anyone could put a dollar value on those things, of course. However, Courts face a dilemma when the parties cannot agree on what the home is worth, regardless of which party will ul...
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As many couples get married, buying a home is a common next step, if not already taken prior to their marriage. In the event of a divorce, many are concerned about who will be responsible for the mortgage payment during the divorce and of course after the divorce is finalized. (more…)
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Where will the children live during the divorce? This is a complicated question because the Court will consider several factors when deciding where the children should live during Temporary Orders. A Texas Court will always consider the best interest of the child. In order to understand other factors considered, we must delve a bit deeper into what is “best” for the child. (more…)
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In our previous blog, What is Separate Property, we delve into the basics of understanding what is deemed separate property by the Courts. As a debrief, a spouse’s separate property consists of the following: the property owned or claimed by the spouse before marriage; the property acquired by the spouse during marriage by gift, devise, or descent; and the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of ...
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Brian and his staff were great. Brian’s direction and expertise provided me with the legal information relevant for my needs over several years now. He listens and is steadfast which gave me comfort in the courses of action. I highly recommend him.Brian and his staff were great. Brian’s direction and expertise provided me with the legal information...
Larry M.
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