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…
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…
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…
Like 8 other states in the United States, Texas is a community property state. (Note: The other community property states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In Texas, there are two types of property: separate property and community property. Whether or not a party owns any separate property can be a significant issue in the course of a…
I don’t know when or how it became commonplace for litigants to believe they should recover “treble damages” in virtually every situation where they believe they have been wronged by another. It is not unusual to hear litigants threaten to sue and “get treble damages!” I have even heard lawyers ask about the possibility for…
What is The Travis County Standing Order The Travis County Standing Order is an injunctive Order that goes in to effect immediately upon the filing of an Original Petition for Divorce or Suit Affecting the Parent Child Relationship. No party to a divorce or suit affecting the parent-child relationship specifically requests this Order, this is…
Arbitration provisions are almost reflexively included in contracts, and parties do not consider the implications until a dispute arises. Following are some pros and cons that should be given some thought before automatically agreeing to an arbitration provision: Cost. Arbitration is often advocated based on the notion that the costs of litigation will be reduced…
Solicit three to five attorney referrals from trusted sources. These referral sources may be family, friends, therapists, financial advisors, or attorneys in other practice areas. After you have received a number of referrals, research the attorneys using their website, online reviews, and attorney blogs or publications. Set up an in person meeting with the attorneys that…
A lot of people think that if two people live together for a certain period of time, that creates a common law marriage. In Texas, common law marriage is known as an “informal marriage.” In an informal marriage, a man and a woman become husband and wife without getting a marriage license and having a…
Divorce is not easy on anyone, especially not children. Most parents want to do their best to protect their children from any involvement in any conflict between parents. However, in some high-conflict divorces, parents display consistent and persistent patterns of animosity and hostility towards one another. Unfortunately, sometimes the children of the marriage are the…
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