Divorce

Burden of proof – Clear and convincing evidence

Divorce, Family Law, InsightsMarch 31, 2016

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…

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Tracing assets for divorce is no easy task

Divorce, Family Law, InsightsMarch 31, 2016

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…

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What do we mean by Community-Property State?

Divorce, Family LawMarch 10, 2016

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…

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Establishing what is yours, and what is mine

Divorce, Family Law, MarriageMarch 9, 2016

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…

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Reporting Family Violence, Child Abuse and Neglect

Child Custody, Divorce, Family Law, Insights, MarriageFebruary 29, 2016

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…

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Petitioning for Name Change – Adults and Minors

Child Custody, Divorce, Family Law, Insights, MarriageFebruary 15, 2016

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…

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Medical Treatment of a Child – A Child’s Consent

Child Custody, Divorce, Family Law, Insights, MarriageFebruary 8, 2016

Medical Treatment of a Child – A Child’s Consent – The average person in America may find it hard to believe that minors can consent to their own medical treatment, and for the most part, they are right. There are established rules in place regarding medical treatment of a child, and that decision is typically…

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Medical Treatment of a Child – implied consent vs consent not required

Child Custody, Divorce, Family Law, Insights, MarriageFebruary 6, 2016

Medical Treatment of a Child – implied consent vs consent not required – Before a physician can perform any medical treatment or procedure on a patient in Texas, they must first receive authority or consent from the patient. The reasoning behind this is based on the patient’s right to either accept or refuse treatment. This…

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Spouses and Liability for taxes – a digestible overview

Divorce, Family Law, InsightsJanuary 26, 2016

Spouses and Liability for taxes – a digestible overview – My blogs as of late have focused on family liability and how it affects spouses, parents, children and even third parties. Since it is tax season, I figured now is as good a time as any to discuss how liability comes into play when you…

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Modifications in Post Divorce Judgments- Geographic Modification

Child Custody, DivorceJanuary 21, 2016

Modifications in Post Divorce Judgments- Geographic Modification – Getting a divorce can be quite distressing and hurtful for spouses. You go through numerous legal formalities to finalize your divorce. Once it gets finalized, you feel the problems and pain has ended with the end of your relation. But, that’s not how it is always like.…

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