Mediation is an alternative dispute resolution process that has become a requirement in most family law cases. A mediator is a neutral third-party who helps facilitate the settlement negotiations between the parties. Generally, one party and that party’s attorney stay in one room; the other party and that party’s attorney stay in another room; and
You’ve been in quarantine with your spouse for six weeks, and you’re seriously considering filing for divorce. One question to consider prior to filing is: “What is my plan?” That question may seem almost unanswerable right now. Six weeks ago, we all had plans which were then derailed by COVID-19. Within a matter of days,
If you are considering a divorce, there are some important steps to take beforehand. By preparing ahead of time, you can cut down on much of the stress and uncertainty that people often face during and after the divorce process. Planning ahead allows you to save time
Reality: If you are prepared, there shouldn’t be any shock and awe moments though you can expect to testify in court. Texas requires “fair notice” in pleadings. As a result, you must properly plead in advance of trial everything you are requesting in terms of relief such as a disproportionate
When clients come in to meet with a divorce attorney, they are often recently separated and very emotional. Our clients often latch onto preconceptions to help them through this difficult time. From our initial consult, it is our job to help you through this emotional and challenging process and provide you realistic expectations for the
The month of January is known as “divorce month”. Courts all over the country see an uptick in divorce filings in January. But, why do people get divorced in January more than any other month?
Website statistics show an 84% increase in searches related to divorce in
Interesting article in Texas Lawyer this week about the effect of online impersonation having growing relevance in Texas family law. People are increasingly impersonating spouses, paramours, and others online out of spite or to gain leverage. In 2009, Texas made it illegal to pretend to be another person online to harass, stalk, or defraud someone. For example, it would be illegal to create a fake website in an ex’s name and provide personal details about sexual acts. The law says a person commits an offense if he or she, without obtaining the person’s consent, uses the name or persona of another person with the intent to harm, defraud, intimidate, or threaten by (1) creating a page on a website or other commercial social networking site, or (2) sending messages through an existing website or social networking site. This offense is a third degree felony, punishable by 2-10 years in prison.
Continue Reading Online impersonation in Texas divorce suits
The Texas Legislature convenes every two years, with 2019 being one of those. Each session, proposed new laws get introduced that will affect family law in Texas. It is expected that a bill will be introduced to remove no fault divorce and require proof of fault grounds for all Texas divorce and extend the waiting period to finalize a divorce (currently 60 days). Neither of these proposals are expected to gain much traction. Reform of the child protective services system will, however, be a hot topic for the legislative session given all of the litigation there has been criticizing how CPS handles matters ineffectively.
Continue Reading Changes from 2018 and looking ahead to 2019 for Texas family law
The Tax Cuts and Jobs Act passed Congress last December and there is a lot of talk about how it will impact the tax situation for individuals. Few have considered the impact that the new law will have on divorce and child custody. (See How Will the New Tax Law Affect Your Divorce? )
Continue Reading New tax laws impact divorce
A client recently asked about divorcing her husband who was pending felony criminal charges. Texas is generally a no-fault divorce state. This means that one spouse may seek and be granted a divorce based solely on the irreparable breakdown in the marriage relationship without showing anything else. However, Texas allows for a fault-based divorce decreed
