“You have the right to remain silent. Anything you say can and will be used against you in a court of law.” True – you do have the right to remain silent and anything you say can and will be used against you. But what about the things you don’t say? Can your silence be
Proving up attorneys fees — new case Rohrmoos Venture
The Texas Supreme Court recently laid out what evidence is needed to prove up attorneys fees at trial. This case has been lauded as one of the most important cases to come out of the Texas Supreme Court. In Rohrmoos Venture v. UTSW DVA Healthcare LLP (578 S.W.3d 469), the Court addressed two different methods
More on how to be a good witness
Last month’s article addressed 10 tips for being a good witness in a divorce hearing. Here are a few more tips for being a witness in court:
- Before you testify, picture the scene and try to refresh your memory.
- Neat appearance and proper dress are important. Don’t let your clothes distract from your message.
- Avoid
Can you track your spouse’s car or rummage through her smartphone?
Hat tip to Pierre Grosdiddier at Haynes and Boone for the article in the June Texas Bar Journal entitled Privacy Matters. He poses the question as to whether putting a tracking device on a car or rummaging through your spouse’s cellphone are “no-no’s”. Texas Penal Code 16.06 prohibits tracking a vehicle owned by another person.
How to be a good witness
Having to testify in your divorce trial or that of a friend or relative? The top, most important tip for any witness is to just tell the truth. That may seem like an obvious statement. But, when you are on the stand and feel like the world is caving in because everyone is looking at
Agreement to an order — when does it matter for appeal?
Almost every day in my practice area, lawyers are faced with the dilemmas:
- When should you agree to an order, especially after a contested hearing?
- What is the difference between “agreed as to form” versus “agreed as to form and substance”?
- Is there ever a time to not sign off on an order even as
Business records of a marital household – exception to hearsay
In family law cases, issues often arise regarding the admissibility of records that are maintained by a spouse or the household, like bank statements or children’s school records. Hearsay rules might seem to prevent admissibility of these documents unless they come directly from the bank or school. But that’s not the case.
Rule 806(6) permits
Social media: think before you post
For all of the good that social media brings, it has the ability to sink a family law or divorce case with one post. When you are going to make a post, you should think, what does this post say to the Court? Who is the audience of people who will read my post?
Custody
Beware of fake text message evidence
The hashtag #altfacts has become popular recently after a Trump spokeswoman offered “alternative facts” to a news report. Many assert the alternative facts are, actually, falsehoods.
Texas divorce lawyers face “alternative facts” frequently. Sometimes, people interpret a situation differently, making the alternative facts more about their perception, not factual falsities. On the other hand, facts
Best Interest of the child standard in Texas family law cases
The best interest of the child is the overarching factor in deciding Texas family law custody cases. The specifics of how a judge should approach examining the best interest of the child was first set out by the Texas Supreme Court in 1976 in the case of Holley v. Adams. The non-exclusive list of factors