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When can a nonparent file suit for custody?

By Michelle O'Neil on Posted in Children and Parenting, Divorce News, standing to sue
ATTENTION PARENTS!  The Texas Supreme Court recently delivered a split 5-4 opinion that is bound to raise eyebrows. The only issue presented is whether a nonparent, like a grandparent or step-parent, has standing under the Family Code to file a suit seeking custody of a child. But, the longstanding implications of this case might force … Continue Reading

Beneficiary designation after divorce invalid — law upheld by US Supreme Court

By Michelle O'Neil on Posted in Divorce, Divorce News, Family Law Appellate Issues
The Supreme Court recently issued an opinion parsing out the practical concerns at play in a post-divorce life insurance case.  Specifically, in Sveen v. Melin, a former spouse designated as primary beneficiary in her ex-husband’s life-insurance policy urged the Court to dissect the constitutionality of a Minnesota statute that automatically revoked such designation upon divorce.  … Continue Reading

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

By Michelle O'Neil on 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 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

New TV Show Divorce with Sarah Jessica Parker

By Michelle O'Neil on 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 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 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

Texas Divorce Statistics January 2015

By Michelle O'Neil on 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 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 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

New Rules Sneak Up on Lawyers

By Michelle O'Neil on 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

Modern Marital Monogamy

By Michelle O'Neil on 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

Sexting is Considered Being Unfaithful, But Not Grounds for Divorce, Say Legal Experts

By Michelle O'Neil on Posted in Divorce News
New York Democratic Rep. Anthony Weiner's scandalous online dalliances with a string of women - including a porn star he coached to lie - not only places him in hot water with his congressional colleagues, but his history of sexting and phone sex could at least be a contributing factor in a divorce proceeding, if not the primary reason itself, legal experts say.… Continue Reading
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