Sep 08
Courts often make no changes to the parenting orders in Parental Alienation cases because the Court is unable to see through the “cloud of conflict,” generated by parental alienation. What is the “cloud of conflict”? The “cloud of conflict” refers to the difficulty for the Judge or Jury to understand the root cause. The “cloud of conflict” works like this: Trial commences and the Court observes that the parents of the child are not getting al...
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Discovery is a process involving the exchange of documents, information, and other potential evidence between parties to a lawsuit. This exchange requires evidence supporting your claims and defenses in the case and evidence supporting the other party's claims and defenses. In Texas, we have open discovery, which means both sides are expected to turn over all of his or her evidence well before trial. The idea behind it is if both parties have access to the same information, then those ...
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Trial happens when litigants cannot agree on the contested issues, which is less than 10% of the time, but it’s always best to prepare for it. Trial is a final hearing so that a Court can make those decisions. A settlement avoids Court, but may include terms that are unfair or unacceptable. Trial puts these decisions into the hands of a Judge or Jury. Trials are the most difficult thing that lawyers do. Most lawyers in Texas spend their whole careers without being in tri...
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Preparation & Standards of Proof Case Preparation Attorneys typically spend 2 days of preparation for each day of trial. This really becomes more like 4 or 5 days per day of trial when extensive Discovery is conducted. Preparation for jury trials is more extensive than for a Judge trial because the rules are so much more complex. The most common types of preparation are: Written Discovery Depositions Witness interviews and preparation Document rev...
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When spouses divorce, there must be a division of their property. There are two types of property that spouses can own: community property and separate property. Simply put, community property is any property that is not separate property. Tex. Fam. Code § 3.002. (more…)
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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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