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
Our lives are becoming more and more connected to technology. Without even thinking about it, spouses may have digital or virtual assets with value to the community estate that should be considered in the division at divorce.
Continue Reading Digital and virtual assets as part of the marital estate and division of property
A point of confusion for many in the family law context is the viability of a rule 11 agreement to settle an issue or a whole case.
Continue Reading Rule 11 agreements are revocable before judgment is rendered
One asset does not always equal another asset, even if the values are identical. One reason for this may be based on the personal situation of each spouse.
Continue Reading Strategy in Asset Divisions – Do’s and Don’ts
Child support enforcement is akin to a criminal prosecution and must be handled with the utmost eye toward the due process rights of the accused. It is a well-settled and obvious rule that, in order to hold someone in jail on an enforcement case, such as for nonpayment of child support, both the contempt order and the commitment order must be in writing and signed by the judge immediately following the commitment. Failure to do both of these things renders the commitment void.
Continue Reading 4-day delay in entering written contempt and commitment order renders enforcement void
Often in Texas divorce cases, lawyers are tasked with determining the divisible interest in a professional corporation. This involved determining the individual’s interest in the corporation and then obtaining the value of the interest.
Continue Reading Division of professional interest in corporation
In a county versus county venue dispute, Husband filed in County A in Texas and, one month later, Wife filed in County B in Texas. When cases involving the same subject matter are filed in different counties, the first filed suit has dominant jurisdiction.
Continue Reading Which court is the right court?
Thanks to Gwyneth Paltrow and Chris Martin, “Conscious Uncoupling” has been front and center in the headlines. I discussed this trending phrase in my blog last week.
Continue Reading Is “Conscious Uncoupling” Really Possible?
Last week Gwyneth Paltrow and Chris Martin announced the end of their marriage in the following statement on her website Goop.com…
Continue Reading What is Conscious Uncoupling?
At the beginning of any year, there is usually an influx in divorce filings in Texas. Many people delay initiating divorce proceedings until after the Thanksgiving and Christmas holidays.
Continue Reading Fresh Start in 2014