201907.29
0

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…

201906.29
0

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…

201906.25
0

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…

201902.23
0

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…

201607.18
7

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…

201510.22
3

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…

201505.28
3

TREBLE DAMAGES!

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…

201505.04
3

Travis County Standing Order

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…

201504.27
2

ARBITRATION PROS AND CONS

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…