Characterizing Life And Casualty Insurance – As I have mentioned in previous blogs, there is a method to which all property –including income from various sources – is characterized as either separate or community property. Last week, I focused a blog on characterizing work income. Today, it is Life and Casualty Insurance. I find the…
Extra Marital Affair Leading To Divorce – How to Cope Up With the Situation? – Extra marital affairs are disliked by all, irrespective of caste, color or creed. The impact of such affairs can be very complicated and heartbreaking. The feelings of ending your strong relation with the person you thought will always love you…
Characterizing work income – Based on what you know thus far about characterization of property, would you say income – whether it be that of your spouse or your own – is separate property or community property? Don’t jump to an answer too fast. Think about it, because not all answers for this topic are…
Burden of proof – Clear and convincing evidence – In a continuation of the “yours versus mine” community-property debate, I am going to spend this blog talking about the burden of proof spouses have in establishing separate ownership of property. Remember that the Texas Family Code presumes all property possessed by either spouse during or…
Tracing assets for divorce is no easy task – You would hope that no one enters into a marriage expecting to one day get divorced. So if the idea is to be together forever, it is easy to see how each spouse’s “stuff” can become comingled. But if the marriage does not work out, going…
Open Adoption-Pros and Cons – Giving your child away for adoption, be it for any reason, can be a little tough for birth mothers. Nowadays, the agencies and parents are encouraging open adoptions. However, there have been heated debates between attorneys and agencies on pros and cons of open adoptions. Open adoptions can be both…
What do we mean by Community-Property State? – If you have lived in Texas for a while, then it is a safe bet you have heard the term community-property state thrown around a time or two. That term is so commonplace that it’s likely most family law attorneys assume everyone knows what it means. But…
Establishing what is yours, and what is mine – Because Texas is a community-property state, most property acquired during a marriage is considered jointly owned by both spouses and is divided upon divorce, annulment or death. But as we alluded to in our last blog, establishing ownership of ALL real and personal property from a…
Reporting Family Violence, Child Abuse and Neglect – The State of Texas requires both the general public and licensed professionals such as teachers, doctors and daycare officials to report any instances of child abuse or neglect. Believe it or not, knowingly not reporting is considered a Class A misdemeanor. But we as a society should…
Petitioning for Name Change – Adults and Minors – Name change petitions happen all the time, and it’s fair to assume most are reasonable requests. What that means is the name change is being made with the best interests of the petitioner in mind. As a result, most pass through the courts without issue, and…