Yearly Archives: 2019

pre trial
In enforcement cases, contempt is almost always involved. Contempt is a situation wherein a person has disobeyed or has failed to observe the rules imposed by a court. There are consequences faced by those who acted in contempt of court. This article will tackle the different kinds of contempt in an enforcement case and the different punishments applicable thereto. Civil and Criminal Contempt The two kinds of contempt are civil and criminal. Both of these types apply in an enforcement case. Criminal contempt is when an order of a court, like a Final Divorce decree, is violated. This is punished by detention in jail for up to 180 days and/or paying a fine not exceeding $500. On the other hand, civil contempt is punishable by punishments which last for an indefinite period of time. This punishment ends when the person being detained in contempt will follow the order. The Service of the Motion of Enforcement Upon the Respondent The Petitioner is the party who files the motion for enforcement. While the respondent is the one to whom the motion is addressed. Personal service to the Respondent is an important requisite in an enforcement case. The Petitioner must file the motion with a court order informing the Respondent the details of the court hearing. In some cases, the petitioner may have to draft the order. It may also be the court that will attach an order to the motion to be served. The petitioner and their counsel are required to serve notice upon the Respondent within ten (10) days before the hearing. If the court has not provided a period, the parties would just attend the scheduled hearing. They can later inform the court regarding the lack of notice. The judge would require the Respondent to take an oath promising to […]

The Pre-Trial of Texas Family Law Enforcement Cases   Recently updated !

millennial couple
Today, divorce is considered a basic human right. Married couples should ideally have the option to separate on the grounds of psychological incapacity, abuse of any form, and other plausible reasons. The Numbers In previous years, divorce rates were high. Around the world, there had been 5.5 divorces for every 1,000 married couples. This is more common in European countries like France, Denmark, and the United Kingdom. In the United States, 40 to 50 percent of marriages end in a split yearly. That seems to be changing. Before 2018 ended, studies have found that divorce rates are decreasing. Compared to a decade ago, young couples are said to be less likely to separate. Hence, an 18 percent dip. Why did this happen? It’s believed that young millennials are now more selective when it comes to committing to marriages. Likewise, couples are now opting to tie the knot at 27 to 30 years old—some even later in life. Millennial Trends It also means that millennial couples are now more conscious of financial stability more than ever. They want to be able to manage their expenses and also get the health benefits they’ll need as they get older. This mindset is much different from the baby boomers who married young because of the old notion that one’s peak is before 25 years old. This practicality can be seen as one of the reasons why divorce rates are now less as of recent. It’s now believed that new marriages can last longer compared to 10 years ago. It’s possible this trend will carry over into 2019. This also means that there will be fewer marriages happening this year and the next few years. Especially since cohabiting (a practice that’s usually done when one is married) is now more common among unmarried couples. There […]

How’s Divorce Looking in 2019?   Recently updated !

Visitation During a Child Protective Case in Texas
In a Child Protective Services case, one of the most important concerns is how soon a parent can see his or her child if the latter has been removed from the house of the former. If the Child Protective Services is granted temporary managing conservatorship, there are rules to be followed when it comes to the time they have to make the child available to see the parents. This article will discuss how the visitation process will be, when will it be, for how long the period of visitation should be, and tips on how to take advantage of the time granted to the parents for visitation in the best possible way. If Child Protective Services is granted temporary managing conservatorship rights because the parent has allegedly abused or neglected the child, the parent will be able to see the child not more than five days after the court grants the conservatorship rights to the services. At this point, the services should be coordinating with the parents, with the help of a CPS caseworker, to plan out a visitation schedule to have prearranged for their visitation.  The important factor considered in determining how often the parent can see the child is the individual circumstances surrounding the investigation. An instance is if the services has had the knowledge about an allegation of child abuse and their investigation obtains evidence that supports such allegation, it is possible that there may be no visitation unless the parent(s) undergoes counseling. The well-being and safety of the child is of paramount importance, and in this case, there would not be any difficulties in convincing a judge to order a limited or supervised visitation. If it is a limited visitation, the judge can decide on the place of visit as well as on the person who […]

Visitation During a CPS Case in Texas   Recently updated !

pet divorce
It goes without saying that a divorce comes with many considerations and if you have pets in a Texas divorce, you might be worried about their fate. One of the most devastating things that come along with divorce is separation. One parent would have to live separately from the children and the other spouse in most cases. Pets such as dogs and cats are part of the family and it’s difficult not to have an emotional attachment to them. However, when it comes to a divorce, the harsh reality is that they are classified as property. As property, these pets will be in the same category as your house, television, jewelry, bank accounts and other properties. As it is with other properties you have at the time of the divorce, the pets will need to be awarded to one spouse. You can talk and have an agreement about the fate of your pet, otherwise, the judge will have to decide on what to do with your pets in court. The thing is: since pets are considered a part of your property, they will be treated either as separate property or community property. The judge will not make a decision based on your family’s or pet’s best interests, and would just be following the law. If you are worried about your pets in a Texas divorce, it is better to reach an agreement with your spouse to avoid getting the judge to make the decision for your family. Here are some frequently asked questions about pets in a Texas divorce. You might also have these questions running through your mind right now and the following information might be useful. 1. How is your pet treated as property? As already mentioned above, pets and animals, in general, are considered as property as per […]

The Fate that Awaits Your Pet in a Texas Divorce   Recently updated !

being honest with your lawyer
The Attorney-Client Relationship It is the duty of the lawyer to keep his clients secrets. A lawyer is bound. If he reveals the client’s secrets with no justifiable reason, his license to practice law may be taken. He will be stripped off his duty and disbarred. So, trust that your attorney will take your secrets to the grave. Otherwise, you can institute a disciplinary action against him. The Attorney-Client Relationship is a sacred bond. Even if the lawyer is asked to testify by the court, he cannot divulge his client’s secrets. This court also respects that the lawyer cannot breach the Attorney-Client Relationship. This is how powerful this is. If the court can’t even compel your lawyer to talk, neither can his spouse. Even the employees in the law office who come across your information by reason of their duty cannot divulge your information and must keep all matters pertaining to the clients confidential. Be honest for your own sake It is inevitable for lawyers to discuss the facts that constitute the case with their clients. It is crucial for your attorney to know the details and surrounding circumstances of the case.  If you want to win your case, you have to help your lawyer. It is normal for him to ask questions so he can devise a plan for you. Failure to know the details will make it difficult for the lawyer to do his or her job in giving advice regarding possible defenses, or advancing your best interests in a deal. If you withhold something to your lawyer which you thought was unimportant but was later brought up by the adverse party, it can do irreparable damages. It will pave a path for possible arguments the lawyer is unprepared for during the trial and this will undoubtedly blindside […]

Why Being Honest with Your Lawyer will Help Your Case   Recently updated !

Marriage helps in reducing the tax burden for husbands and wives who jointly file their taxes. Depending on their incomes, there is a way to avoid the known marriage “penalties.” If there is a substantial difference in the salaries of the spouses who are both taxpayers, the spouse paying for the lower tax can pull the spouse paying higher tax down into a much lower bracket than if the latter were to file taxes separately. This reduces the spouses’ overall taxes. Below are some tax advantages of married couples in Texas. 1. The spouses might be the tax shelter of each other The spouse who uses money can’t take advantage of some deductions. These deductions include those with regard to the house. However, the spouse who makes money can use the loss and consider it as a tax write-off.  2. The nonpaying spouse can have an Individual Retirement Account A spouse who is not working may contribute to an individual retirement account (IRA). The limit at which the benefits of the IRA are phased out, on the basis of income, is higher for married couples than for single people. Someone who could not pay into an IRA when they were single can utilize the joint income to fund an IRA and possibly save thousands of dollars for retirement while receiving tax benefits that are substantial. 3. Couples may “benefit-shop” If benefit packages are given to both spouses from their respective jobs, they can choose from the two plans the one that has the most valuable benefits. The right combination of benefits from the plans can increase the tax savings of couples in a lot of ways. For example, if the couple has children who are dependent, then both of them can find the use of the benefit plans like dependent […]

Are there Tax Advantages When You Get Married in Texas?   Recently updated !

Texas Department of Family and Protective Services 2
I thought I would start off this blog with a bit of information on what types of things to watch out for that can get DFPS (Department of Family and Protective Services, the umbrella organization for CPS) involved in your life.  Most of the time, when people are looking up or contacting lawyers about their dealings with CPS they are usually very confused.  In most cases, parents feel they have done nothing wrong (and in fact, a reasonable person might even feel they have done nothing wrong) and yet, they are being “investigated” by the government for how they parent their children.  I certainly sympathize with this, as most people really have no easy way of finding out information about the process.  My goal is to hopefully bring a bit more transparency into the area, and hopefully be able to help some families avoid a lot of hassle later. First of all, it is important to know a little bit about the intake procedures that CPS uses.  CPS gets a MASSIVE (and I may even go into HOW massive at a later date) amount of calls into their system of possible child “abuse and neglect” which covers a broad range of categories.  They then have to classify the report and determine whether to investigate or not.  The vast majority of calls into their intake system are not such types of things that need to be investigated.  The criteria are somewhat specific, but it is mostly a calculation on the veracity of the report, as well as potential risk to the child. Some of the areas that MAY cause CPS to investigate you are a bit of a surprise to some parents, so I feel its important to mention them here.  One of the more common calls to the intake centers is parents leaving small children […]

How to Avoid Problems with CPS (DFPS)   Recently updated !

A divorce starts officially when one of the spouses files a petition for divorce before a district court located in the county where one or both of the spouses resides.  The petition is filed before the family law district courts in Dallas and Tarrant County. In Collin and Denton County, it is filed before a district court with general jurisdiction. Standing Orders The “standing orders” of the county take effect right after the petition is filed. These standing orders differ in every county. It is a good idea to have a copy of the standing orders in hand prior to filing the divorce. If another restraining action calls for other than the standing order, then the spouse who files the petition should include a temporary restraining order (TRO) application. Restraining action in excess of the county’s standing order can be done “ex parte”. Ex parte does not require the presence of the other party at the hearing. All the judges of counties Collin, Dallas, Denton, and Tarrant follow the same policy. If the other party is represented by his or her lawyer, that lawyer must be given the opportunity to present its argument against the TRO application. Injunction Hearing For contesting a divorce, one of the parties always requests for an injunction hearing, even absent a temporary restraining order. The injunction hearing is where the parties ask the judge matters like child support, visitation order, temporary alimony, temporary use of assets and temporary alimony. The hearing is usually within fourteen (14) days from the day the petition was filed. Generally, hearings will be limited by the judges to only an hour, save for cases with unusual circumstances. Citation After filing the petition, the other parties must receive formal notice by way of a citation. This citation can be waived by filing […]

The Process of Contesting a Divorce in Texas   Recently updated !