Tag Archives: texas

Bank accounts and brokerage accounts are not the same in a premarital agreement

Dictionaries generally define "bank" as a financial establishment for the deposit, loan, exchange, or issue of money and for the transmission of funds. In contrast, "broker" is defined as an agent who acts as an intermediary or negotiator, especially between prospective buyers and sellers; a person employed to make bargains and contracts between other persons in matters of trade, commerce, or navigation. According to the Houston Court, these definitions illustrate that banks and brokers are distinguishable, particularly with respect to the scope of their respective services; banks tend to offer a broader spectrum of financial services than brokerage firms.… Continue Reading

Can a psychological evaluation in a custody case determine who is lying?

Oftentimes, people going through a custody dispute want to have psychological evaluations to show the judge "who is lying" to the court about some issue or another. Conversely, some people going through psychological evaluations in a custody case become concerned that the other person will "lie" to the evaluator through charm or outright deception and sway the results of the evaluation.… Continue Reading

New Rules Sneak Up on Lawyers

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

How is the gay marriage controversy impacting the state of Texas and the family law practice area? What issues do attorneys need to be aware of?

The gay marriage controversy is forcing all citizens of the state of Texas to reexamine what "marriage" means. Is marriage simply a religious concept implemented through the government that supports the traditional one man/one woman viewpoint? Certainly that is the current state of the law in Texas.… Continue Reading

The Professions with the Highest Rates of Divorce

If your spouse helps people or touches them for a living, be careful -- you might be headed for a divorce. Helping professions and hospitality workers have some of the highest divorce rates in the country, according to a comparison of divorce rates among occupations. Divorce in Dallas Texas statistics are similar.… Continue Reading

Prenup Bump — Is Tiger Woods Changing Minds About Them?

Tiger Woods recent marital problem highlights the need for premarital agreements sometimes called prenuptial agreements. There's been speculation that Tiger Woods and his wife may have reached an agreement to stay married and avoid divorce -- which in Texas is called a postnuptial agreement. The gritty details of actor Dennis Hopper's and golf aces Tiger Woods' and Greg Norman's prenups have all been hot topics on the internet.… Continue Reading

Credit Rating and Divorce

Divorce can be a trying time on your credit as well as your finances and emotions. A vindictive or spendthrift ex-spouse can incur debt on your joint accounts and destroy your credit rating during hte divorce process. I fyou are not able to pay a joint account in full, inquire as to whether you can maintain a balance on the account after it is closed to prevent the situation from gettng worse.… Continue Reading

Dallas Divorce Attorney Prevails On Appeal: No Garnishment for Contractual Alimony

Dallas divorce attorney Michelle May O'Neil and her client prevailed yesterday, February 4, 2010, when the Fifth Court of Appeals issued its opinion in Kee v. Kee, Cause No. 05-08-00013-CV. The appeal in Kee arose from an ex-wife's appeal of the trial court's refusal to garnish ex-husband's wages to satisfy his contractual alimony obligation. The trial court in this case rightfully found the garnishment that ex-wife requested would violate ex-husband's constitutional rights. The Dallas Court of Appeals agreed… Continue Reading

Can the Divorce Judge Make Me Turn Over My Business’ Cash to My Spouse?

A Dallas Divorce client raised an important question this week. She owns a small professional practice that is an S-corporation. Her business has some cash flow that allows her to pay the business expenses and payroll, but not much extra. Her husband requested the Dallas Divorce Judge to make the wife turn over the cash she presently had in her business to help pay the husband's marital debts.… Continue Reading
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