Daily Archives: April 3, 2019

summary proceedings
A summary judgment is when a court disposes a case either because the party who filed the lawsuit or the petitioner does not have enough evidence to win the case or because a responding party or the respondent does not have a clear and proper defense to the allegations brought against him or her by the former.  One of the parties can basically file for a motion for summary judgment to dispose of the case if the opposing party does not have any strong evidence to support their arguments in the case.  This is applicable in family law cases.  If the case deals with more than one issue, the parties can decide to have some of them decided via a motion for summary judgment before trial.  Chances of settling also increases with the help of filing a motion for summary judgment. This is because summary judgment removes certain issues which the opposing party may argue about. This basically limits what a party has to present during trial. Traditional Summary Judgment vs. No Evidence Summary Judgment There are two different types of motions for summary judgment. These are the traditional summary judgment and the no evidence summary judgment.  A traditional summary judgment is when a party with the burden of proof may file for a motion of summary judgment by proving that he or she is entitled to judgment as a matter of law by establishing affirmative defense or presenting each of the element of his or her own claim.  Most, if not all, traditional summary judgments have to be backed by summary judgment evidence that is competent.  On the other hand, a no evidence summary judgement, the party without the burden of proof is stating to the court that the opposing party has no affirmative defense or no evidence to […]

What is a Summary Judgment in Texas?

How Will Split Custody Affect You And Your Family
Some couples become stronger when experiencing challenges, and infertility is no exception. But the divorce risk is also very real: couples who are unable to conceive a child after years of trying are three times more likely to divorce than those who do succeed. While every couple battling infertility is different, there are some commonalities that can contribute to divorce, as identified by Crystal Clancy, licensed marriage and family therapist and owner of Iris Reproductive Mental Health in Burnsville, Minnesota. “I have seen relationships torn apart by the inability to reach an agreement about what kind of treatments to pursue, how much money to spend, or when it is time to stop trying medical interventions,” says Clancy. But that’s not all. “Usually it either involves the long-term stress and the way that ‘infertility sex’ changes your love life,” she says. Should we, or shouldn’t we? When getting pregnant doesn’t come easily for a couple, they must choose whether to try alternative avenues to create a family, and if so, which alternative to pursue. These choices can further stress an already stressed-out relationship. “A couple that was struggling with infertility decision-making was getting closer to being on the same page, but, initially, there was some lack of trust around the wife wanting to pursue surrogacy without giving the husband time to process or agree,” says Clancy. The wife even went so far as to line up a surrogate and schedule the procedure. “The husband said he felt ‘bulldozed’ and, now that they have already taken it that far, feels obligated to go through with it.” Dollars and sense? Infertility treatments are not cheap. Adoption and surrogacy come with a high price tag, too. Any of these routes to a happy family can stress a marriage—for straight or LGBTQ couples —both financially […]

The relationship between infertility and divorce

credit card debts
When getting a divorce, there are a lot of things that have to be taken into account. First, you should get a lawyer and figure out how to go about your divorce. Of course, you also have to think about where your children, if you have any. Your lawyer should also advise you regarding conjugal properties. What to do with all the things you both own? How do you go about dividing your money? Who pays for what now? What happens to the debts you share? Marital Debts Marital debts are debts incurred during your marriage and before the awarding of a divorce decree. It can be split among the spouses by the court or based on the settlement reached between the pair. This applies in the state of Texas and makes debts like that are the easiest kind to settle. Credit Accounts The kind of debt that may be more difficult to handle are debts on credit accounts. Credit accounts that are opened during your marriage that are under either your name or your spouse’s name, sometimes even under both your names, are harder to settle as there is still the possibility of debts being incurred after your marriage. Figuring out who pays for what in the credit accounts after the divorce may become more confusing. What normally passes off after divorce is that any purchases made by either partner after the divorce is their obligation and must be compensated. The only problem with this is that any unsecured credit card debts, if left unpaid, they may end up piling interest up until it becomes too heavy a burden. This will make it harder to pay for. Steps You Can Take with Regard to the Debts Things can be done with regard to credit accounts such as settling them […]

Do You Divorce Your Debts too During a Divorce?