If you are undergoing a divorce and your spouse and you have both hired lawyers, you are probably on a litigation track. This means that unless you settle your case, a judge will make the final decisions about your issues including dividing all of your assets and debts and determining the custodial rights of your…
What Is a Non-Compete Agreement?
A non-compete agreement is a contract between an employer and employee where the employee agrees to refrain from competing with the employer during or after employment. Their agreements are not forever, they typically expire after an expressed amount of time after employment. Employers use these agreements to protect confidential information and practices from being available…
Employee and Employer Rights and Issues During Return to Work with COVID-19
As there are ongoing issues with COVID-19, essential employees and employers are facing continual risks of exposure by going into the office each day. Employers must evaluate if they should mandate whether healthy employees should be required to go to work and if so, what levels of accommodation they are required to provide. Furthermore, does…
Divorcing an Abusive Spouse
It takes sacrifice, the utmost courage, and a willingness to make the decision to divorce a spouse who is abusive. When children and/or a long term marriage are a factor, these strengths can amplify tenfold. Divorcing an Abusive Spouse is Not Always Easy It is very easy for a person who is not in an…
Covenants Not to Compete
Covenants not to compete, or non-compete agreements, are governed by Texas Business and Commerce Code Section 15.50. Generally, it requires that for a non-compete agreement to be enforceable, it must be “ancillary to or part of an otherwise enforceable agreement,” and the agreement must be reasonable. In terms of reasonability, the Court will look to…
Common Custody Problems
LGBTQ Child Custody Lawyer Austin, TX Sometimes it’s better to leave a toxic relationship than to stay in it. If you have children with your partner, you may find that it’s impossible to sever ties with your partner completely. Some custody cases are amicable and are easy to resolve, but a large percentage of cases…
How are Bank Accounts Handled a Divorce?
Same Sex Divorce Lawyer Austin, TX Many couples open joint bank accounts when they get married. Combining incomes and expenses works for most married couples — as long as the marriage works. If the marriage fails, one of the most difficult aspects of dividing property can be dissolving joint bank accounts. It is imperative to…
Understanding Jurisdiction in Divorce Cases
After much reflection and counsel, you have decided to move forward with a divorce. Whether the divorce process is amicable or contentious, the first step is to file your petition with the appropriate court that has jurisdiction to hear your case. It is important to determine which court has jurisdictional rights because if a case…
Camille Cosby – Will She Be Forced to Testify Against Her Husband
In light of the accusations against Bill Cosby, I have had several people ask me, will his wife have to testify against him? I thought there was a privilege between husband and wife? The answer is not quite as simple as “yes” or “no” as to whether or not a privilege exists and whether or…
Marriage Equality in Texas
Last week I was at the Travis County Courthouse at uncontested docket and for the first time in my career, I saw a divorce prove-up for a same-sex couple. It is really interesting, as a family law attorney, to see how your practice can change overtime based on how the Supreme Court rules on certain…