Month: November 2022

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.

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 January.

The holidays mark a festive period for families, one where memories are made and couples try to rebuild or fix their failing relationships. But while the holidays can be a joyous and happy time for families, they can also represent a turning point for couples who are experiencing problems in their marriages. This period can be full of overwhelming stress, familial tension, and financial burdens – all of which can put even more pressure on already strained relationships. And it is this pressure which can expose flaws in a marriage.

Most couples wait until the holidays are over 

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 outcome of your case. With that said, these are a few misconceptions we often have to discuss:

1. I was the stay-at-home parent; therefore, I will get most of the parenting time with them now that we are separated.

Reality: A judge will not punish the working parent who did not stay home with the children in the divorce. Usually, that parent will at least get a standard possession order, which results in that parent getting the 1^st, 3^rd, and 5^th weekends of the month, and at least two hours during

Luck favors the prepared, especially in divorce proceedings.

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 and money during the process, and will enable you to start preparing for your life after divorce.

Below are some things to think about as you begin preparing for a divorce.

Consult with an attorney.

One of the most important decisions you will make will be to hire an attorney.  The relationship between a family law attorney and his client is unique in that the relationship is both business and personal. They will represent your interests in court, so you want to be sure you can trust that they know what you want and are

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 the mediator goes between the rooms. The parties can conclude the mediation with a Mediated Settlement Agreement (“MSA”). This is an irrevocable settlement agreement that is filed with the court. Either party can seek a final judgment on the MSA and have a decree or final order entered.

Can you mediate prior to filing for divorce?

Mediation most often occurs toward the end of a case. The parties may have been through one or more hearings; conducted extensive discovery; attended depositions; and were probably set for final trial. Can mediation occur prior to even filing

A common question in a divorce is who gets to keep the pets. Whether it be a dog, cat, parrot, fish, bearded dragon, or snake, most pets are considered members of the family. There is no doubt that many people will advocate for their rights as a pet parent. But is there a required possession schedule so that each person has continued rights to visit the pet? In Texas, the answer is no.

Pets are property in Texas

Texas law treats animals as property. Beginning in 1858 with the Texas Supreme Court case of Howard v. York, Texas established that, not only are animals property, but they are characterized as either separate property or community property. Howard v. York, 20 Tex. 672 (Tex. 1858). Texas case law continued to develop and addressed that when an animal increases in value, the characterization of the value is the same as

In a Texas divorce, there are several issues that are unique to considering a business as an asset in the property division. The normal property division issues of identification, characterization, valuation, and division each have intricacies for businesses that need to be considered.

Addressing the type of entity (corporation, partnership, sole proprietorship) is important because the rules for a Texas divorce differ depending on the type of entity.

Determining the date of formation of the business entity may be crucial to the characterization as either separate property or community property.

Any changes in the formation of the entity during the marriage could change the characterization and are an important factor to note.

And, vital to any business operating during a divorce is the question of how to continue to operate the business without suffering a devaluation of the interest while the divorce proceeds. The day-to-day operation issues and protecting the

Today I presented on The Anatomy of Trial Preparation — a free continuing legal education on Facebook for Texas Lawyers. Want to watch my live presentation, click here.

What is the difference between “getting ready” for trial and “preparing for trial”? To me, the difference is in evaluating and planning strategy for all of the eventualities that could come up. This is playing the chess board in advance of trial. I love the show Queen’s Gambit. Remember how she played through the games on the ceiling while she laid in bed? This is the kind of preparation that I’m talking about.

The first step in preparation is to prepare an outline of the issues and method of proof involved in the case. While this step may start early on during the case, usually it is not super effective until much of the