December 2009

I was recently informed about a situation where a woman married a man who happened to already be married. The blushing bride had no idea about her husband’s prior (and still existing) marriage to the other woman, and understandably was quite embarrassed by her situation. Perhaps more importantly, however, the woman wanted to know what her legal rights were under these strange facts.
Continue Reading I didn’t know he was already married when we got hitched. What do I do?

While it doesn’t make the late night talk shows or celebrity gossip sites, texting frequently leads to big trouble for people who are not Tiger Woods. A text message with a paramour can reveal an extramarital affair to the unsuspecting spouse who accidently comes across it, or confirm the suspicions of a suspecting spouse who looks through their cheating spouse’s phone. After a divorce is filed, text messages provide powerful and often embarrassing evidence of infidelity by the cheating spouse during the marriage.
Continue Reading A Divorce Lawyer’s Take on Tiger’s Texting Troubles

I recently came across an excellent article on the Wall Street Journal’s website entitled, How Divorce Affects Your Social Security (Or Not). As a Dallas divorce lawyer, I am frequently asked about post-divorce entitlement to social security benefits. From the outset, it should be noted that unlike most other areas of martial property law, benefits arising from the Social Security Act are preempted by Federal Law from being characterized as community property. Because of this preemption, we have to look to federal law to determine what affect divorce plays on social security benefits.
Continue Reading Am I still entitled to my ex’s social security benefits after our divorce?

The Amarillo Court of Appeals recently issued an opinion, styled In re A.S., upholding the trial court’s imposition of a geographical restriction on the child’s primary residence in a case where the mother was appointed sole managing conservator.
Continue Reading Affirmed: Geographical Restriction on Sole Managing Conservator’s Right to Designate Primary Residence

The Dallas Court of Appeals has given the green light to a nonparent woman to seek access to the child with whom she had a substantial relationship. In In re M.K.S., the Dallas Court of Appeals held that the nonparent woman had established sufficient evidence of a pattern of conduct over a significant amount of time that the child would be involved with the nonparent woman, thus giving her the right under Texas Law to seek access…
Continue Reading Green Light for Suit for Access to Child by Lesbian Nonparent