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.
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How does premarital cohabitation affect division of marital property
The New Hampshire Supreme Court ruled that a court must consider time that a couple lives together prior to marriage as a factor in division of assets. The ruling, a landmark decision in New Hampshire, does not require a court to alter the division that the court seems fair in a divorce, but asks the
5 things you will wish you knew after your divorce
Making the decision to divorce is one of the hardest, most emotional decisions in a person’s life. Dealing with the heartbreak and disappointment that comes along with divorce can be enough to overwhelm the strongest person. Then, dealing with the legal issues of the breakup can push a person beyond where they thought their limit
Will you be my Divorce Valentine?
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
Practical guide to asset division in a Texas divorce
During a Texas divorce, one major issue to deal with is the division of the spouses’ assets and debts. There are several steps that must occur during such a division. First, the assets must be identified. This is typically done by completing a sworn inventory and appraisal which lists all of the assets and debts
Divorce by murder — the Arlington Texas case
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.)
Who gets to claim the child as a dependent in a Texas divorce
The question often arises after a divorce in Texas — which parent gets to claim the child as a dependent for tax purposes? Often this issue is settled by the obvious split of parenting time greatly in favor of one parent, but as we have seen a rise in equal time splits for parents and
10 qualities to look for when hiring experts in a Texas divorce case
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
Texas Divorce FAQ: Where do I file for divorce?
Texas, like all other states, has residency requirements that parties must meet before they can file for divorce.
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Temporary Orders Hearing: Step 2 of the Divorce Proceeding
Before the TRO expires, a judge will schedule a temporary orders hearing to determine if the TRO needs to be made permanent while the divorce goes forward. Often temporary orders are arrived at by agreement of the parties through negotiations. Occasionally, the agreements may be handled informally, without the entry of court orders. This usually only works when the parties are very agreeable.
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