Archives: Divorce News

Day of Civility – What’s it all about?

Today is the Day of Civility in Texas. What does that mean exactly? Well, once a year, the legal community in Texas takes an entire day to focus on and improve the conduct of lawyers and to celebrate the importance of civility in our legal system. This day—known as the Day of Civility—was created to … Continue Reading

Does civility mean hugging your opposing lawyer? (Part 4 of 4)

By Michelle O'Neil on April 19, 2018 Posted in Divorce News, Hiring A Lawyer

The big topic among Texas lawyers this week is the Texas Day of Civility in Law, fashioned by joint proclamation by the Texas Supreme Court and Court of Criminal Appeals, the two highest courts in our state. Civility is supposed to be at the core of our profession. But, what does it mean? First, let’s … Continue Reading

The Texas Lawyer’s Creed — voluntary standards for attorney professionalism and civility (Part 3 of 4)

By Michelle O'Neil on April 18, 2018 Posted in Divorce News, Hiring A Lawyer

The Texas Lawyer’s Creed was adopted by the Supreme Court of Texas and the Court of Criminal Appeals of Texas in 1989, then reaffirmed in 2013. Amendments were passed in 2016 to update the creed. Civility is at the heart of the creed – suggesting that the conduct of a lawyer should “be characterized at … Continue Reading

Civility and Family law — are the two concepts compatible? (Part 2 of 4)

By Michelle O'Neil on April 17, 2018 Posted in Divorce News, Hiring A Lawyer

Family law, like no other practice area of law, is fraught with emotion, tension, and discourse. After all, if the parties could get along and reach civil resolution, they would probably not need family law attorneys, right? But does the parties’ incivility have to pass along to the lawyer’s behavior toward one another? In fact, … Continue Reading

Is civility on the decline? (Part 1 of 4)

By Michelle O'Neil on April 16, 2018 Posted in Divorce News, Hiring A Lawyer

This week marks the declared Texas Day of Civility in the Law, according to a joint proclamation by the Texas Supreme Court and Texas Court of Criminal Appeals, the two highest courts in Texas. This begs the question, do we need a day of civility? As if we’ve checked that one off for one day, … Continue Reading

New Texas law bans application of foreign laws

By Michelle O'Neil on June 20, 2017 Posted in Alimony and Spousal Support, Divorce News

Texas Governor Abbott signed into law House Bill 45 which states that Texas and U.S. law supersedes all other laws. The law prohibits Texas judges from enforcing or upholding any law or order from another country that infringes upon U.S. and Texas constitutional rights. The bill shields litigants in family law cases “against violations of … Continue Reading

New TV Show Divorce with Sarah Jessica Parker

By Michelle O'Neil on October 4, 2016 Posted in Divorce News

Have you seen the previews of the new television show Divorce with Sarah Jessica Parker coming soon to HBO? Here’s how one website describes the show: “Taking a hard look at love and marriage through a darkly comedic lens, Divorce is raw and uncomfortable at times… but it’s also one of the best new comedies of … Continue Reading

Is there a divorce season? New research says Yes!

By Michelle O'Neil on August 30, 2016 Posted in Divorce News

A new study from sociologists at the University of Washington suggests that there is definitely a divorce season — two per year actually. The researchers found the first quantitative evidence of a seasonal, biannual pattern of divorce filings. They analyzed filings in Washington state from 2001 and 2015 and found that the new divorce filings … Continue Reading

Will you be my Divorce Valentine?

By Michelle O'Neil on February 8, 2016 Posted in Divorce News

Valentine’s Day should be the day of love and romance, roses and chocolate. Right? For some yes, but for divorce lawyers, February is well into the swing of Divorce Season. Studies conducted by AVVO cite to a 40% spike in new divorce filings in the days around Valentine’s Day. Cynically, many point to someone not … Continue Reading

Divorce in the new year — first in America and Texas

By Michelle O'Neil on January 6, 2016 Posted in Divorce News

Divorcing early in the new year dates back to the first divorce ever granted in America. On this day, January 5, in 1643, Anne Clarke of the Massachusetts Bay Colony was granted a divorce from her absent and adulterous husband Denis Clarke, by the Quarter Court of Boston. According to History.com, Anne filed an affidavit … Continue Reading

To Return or Not Return the Engagement Ring… That is the Question

By Michelle O'Neil on June 9, 2015 Posted in Divorce News

Life is all hunky-dory when two people get engaged. They are hopeful for the future and look forward to a long life together. But, sometimes people don’t quite make it to the alter before it all falls apart. I dare say it is probably better to find out before the alter than after. Even so, … Continue Reading

Tribute to Judge James Martin, presiding Dallas family court judge

By Michelle O'Neil on April 30, 2015 Posted in Divorce News

On Sunday, April 19, 2015, the Dallas Family Courts lost one of their own. Presiding Judge James Martin lost his battle with lymphoma, leaving behind a legacy of advocacy for children. Judge Martin was elected to the Dallas Family Court bench in 2010, almost immediately garnering the respect and admiration of attorneys and litigants alike. … Continue Reading

Texas Divorce Statistics January 2015

By Michelle O'Neil on March 3, 2015 Posted in Divorce News

This from the Office of Court Administration, divorce filings in Texas account for 89% of all cases filed in the District Courts. In the fiscal year 2014, there were 111,409 divorces filed in Texas district courts out of a total of 125,588. Overall, the divorce rate per 1,000 people was 4.7 (meaning 4 or 5 … Continue Reading

Substituted Service Through Facebook

By Michelle O'Neil on February 17, 2015 Posted in Divorce News

When a new lawsuit is filed, whether it is a divorce in Dallas County, Texas or any other type of suit, the responding or defending party has a right under the Constitution to be personally service with citation. Also called “service of process”, this means that the party who filed for divorce must request the … Continue Reading

Divorce by murder — the Arlington Texas case

By Michelle O'Neil on December 11, 2014 Posted in Divorce News

We have all been reading and watching the account of the Arlington, Texas woman who killed her estranged husband this week. We are just learning that the mother filed for divorce in October and there was a hearing this week over custody of the children. (See: Domestic dispute led to 2 deaths in Arlington.) The … Continue Reading

10 qualities to look for when hiring experts in a Texas divorce case

By Michelle O'Neil on December 2, 2014 Posted in Divorce, Divorce News

In divorce cases in Dallas or, really anywhere in Texas, it is sometimes necessary to hire a professional to offer expert witness testimony on a subject. An expert is someone who is qualified through education or experience on a subject unknown to lay persons and whose opinion would be helpful to the factfinder (judge or … Continue Reading

August 2014 Dallas Divorce News Newsletter

By Michelle O'Neil on August 25, 2014 Posted in Divorce, Divorce News

Michelle May O'Neil, a Dallas divorce attorney and Shareholder at Godwin Lewis PC, publishes a monthly newsletter. Here is the August 2014 edition.… Continue Reading

New Rules Sneak Up on Lawyers

By Michelle O'Neil on January 16, 2014 Posted in Divorce News

Here at O'Neil & Attorneys (Dallas Texas Family Lawyers), we try to keep our blog readers as well as those from Facebook and Twitter abreast of new laws that are going on. Did you know some BIG new rules snuck up on us effective January 1st? The Texas Supreme Court released new amendments to the Texas Rules of Civil Procedure effective January 1st . These rules will greatly impact civil and family lawyers alike.… Continue Reading

Texas Supreme Court to Decide Whether Pets Have Sentimental Value

By on January 9, 2013 Posted in Divorce News

Traditionally, Texas law has treated pets the same way it treats other personal property, limiting damages to market value.… Continue Reading

Modern Marital Monogamy

By Michelle O'Neil on September 26, 2011 Posted in Divorce News

A new book argues that if the institution of marriage is to endure, it must evolve with the times. With infidelity now seeming less like a deadly plague and more like a relatively mild form of cancer--we all know someone who has suffered from it, even if we haven't experienced it ourselves--does it still make sense for monogamy to constitute the basis for marriage? Or should couples figure out creative ways to expand the boundaries of their relationships, acknowledging that they might want to continue to be life partners even if one or both needs the occasional night off?… Continue Reading

Where We Stand as the Legislature Ends

By Michelle O'Neil on May 31, 2011 Posted in Divorce News

The 2011 Regular Session of the Texas Legislature expired at midnight May 30th. Whew! That was a lot of work by a lot of people.… Continue Reading

How Texas divorce fraud is like powdered milk

By Michelle O'Neil on May 11, 2011 Posted in Divorce News

Today, the Texas Legislature passed House Bill 908, which provides a remedy for wronged spouses when fraud has been committed against the community estate in a divorce.… Continue Reading