December 18, 2018

You would be surprised at how often I hear this, truly.  If you want to get divorced, then it simply doesn’t matter if your spouse doesn’t also want to get divorced.  A court won’t force you to remain married just because it’s what your spouse wants. 

Don’t I Need A Reason To Get Divorce?

Yes.  But Texas has a “no-fault” divorce law that doesn’t require anything more than you telling a court that your marriage is no longer supportable and there’s no hope for improvement in the future. 

Can I Get A No-Fault Divorce If My Divorce is Contested?

Yes.  “No-fault” only explains the reason why you’re getting divorced.  Whether your divorce is conte...

December 13, 2018

The actual amount of income a paying parent is earning is only one factor courts consider when deciding whether to reduce child support.  Another factor courts consider in addition to the actual amount of income a paying parent is currently earning is how much a paying parent can earn.  The reason for this is that courts are primarily concerned with the best interest of the child, and ensuring that the child’s best interest is being met. 

So Child Support Won’t Be Reduced Because of a Lost Job? 

That’s not true.  Child support can be reduced due to a lost job, but losing a job doesn’t guarantee an automatic reduction in child support.  The ult...

December 13, 2018

 Yes.  Grandparents can gain legal custody of their grandchildren by filing a Suit Affecting the Parent-Child Relationship (“SAPCR”).  However, certain conditions must exist before a grandparent may file a SAPCR.   

When Can A Grandparent Get Custody of Their Grandchildren? 

Grandparents can file for custody in the following situations:

  • The grandparents have had actual care, control, and possession of the child for six months; 

  • The grandchild and parent (the grandparent’s child) has lived with the grandparents for at least one year, not ending more than three months ago; 

  • The grandchild's parents have passed away; 

  • T...

December 11, 2018

 You can request temporary orders when you file for divorce or anytime afterward if you’re worried about your child’s safety or protecting their stability.  Likewise, you can also file for temporary orders anytime during a Suit Affecting the Parent-Child Relationship (“SAPCR”).  Texas courts are authorized to grant temporary orders quickly, and may grant Temporary Restraining Orders before a Temporary Orders hearing can be held, if doing so protects the safety and welfare of the child.

What Is A Temporary Order?

A temporary order is an order from a court that requires or prevents certain actions.  They should be taken seriously for two reasons.  Fir...

December 10, 2018

To receive alimony (a.k.a. “Spousal Support” by its proper name) in Texas, there are a handful of requirements that must be met.  Determinations about the amount and duration of payments are then made using guidelines provided by the law. 

What is the Purpose of Alimony?

Alimony is intended to provide temporary and rehabilitative support for the spouse whose ability to financially support themselves (to meet their minimum reasonable needs) has been impaired by their homemaking or supporting efforts during their marriage, and who doesn’t have sufficient assets to support themselves. 

The idea behind alimony is to require support be provided while spou...

December 8, 2018

You never have to agree to a breathalyzer or blood draw test.  Ever.  However, there are consequences for refusing and you can be forced to perform either test in certain situations.  When you’re arrested, your most important rights pertaining to breathalyzers and blood draws are to be properly informed of the consequences for refusing to take a breathalyzer or blood draw test. 

Do I have to agree to a blood draw or breathalyzer?

No. 

For years this wasn’t the case in Texas.  Until recently, the law was interpreted to say that everyone consented to blood draws and breathalyzers by being a licensed driver in the state—you consented when you rece...

December 7, 2018

The holidays are right around the corner. Christmas lights are going up in the neighborhoods, there’s less time for buying presents, and kids are getting excited about new toys, no school, and spending time with their other parent. 

I’m sure some you’re probably even be looking forward to a little break from full-time parent mode too, but in the back of your mind you may be hesitant.  You may be wondering: “What if ________ doesn’t bring the kids back when they’re supposed to?” 

Well, let’s hope that doesn’t happen, but if it does, here’s what you can do. 

You’re immediately going to want to file a writ of habeas corpus.  This is the absolute fastest...

December 6, 2018

The Basics

A Class C Misdemeanor is the lowest level criminal offense you can be charged with in Texas.  If you’re convicted of a Class C misdemeanor you can be fined up to $500, but *good news* you can’t be sentenced to jail time. 

People are often confused when they’re charged with a Class C misdemeanor because they’re usually just given a citation and told to show up to court.  Because we tend to associate crimes with arrests, it can be confusing when you’re charged with a crime but never arrested.  That said, you can be arrested for Class C misdemeanor’s other than speeding, texting while driving, and open containers. 

Will a Class C Mi...

December 5, 2018

Having a hard time finding a lawyer to do limited scope for your divorce?  I know sometimes it can seem like finding a needle in a haystack trying to find the right lawyer, especially if you’re looking for a lawyer to do limited scope. 

I can hear you asking why from here.  The answer is fairly simple: Many people decide on limited scope representation because it saves money and, although they’re getting divorced from their spouse, the two spouses can still manage to act like adults around one another.  Limited scope seems like a no-brainer, right? 

The reality in many situations like the one just described is that too often the unconteste...

December 5, 2018

I know I’ve heard the same thing you’ve heard: If the police don’t read you your rights when you’re arrested then your case will be dismissed.  That’s simply untrue.  I’m not sure how that information crept into popular folklore, but it honestly gets the law and its intent completely wrong. 

For starters, Miranda Rights are intended to protect individuals who are being questioned and don’t have the right to leave or are being questioned under circumstances that would make someone feel like they weren’t free to leave, even after they were told by the police that they could leave if they wanted. 

The reason Miranda Rights are required is to preve...

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