Recent Blog Posts
What To Know About Pursuing a Protective Order in Texas
There are few things more frightening than feeling threatened by a violent person. This is even more the case when it comes to feeling threatened by a member of your own family. If you feel threatened by a family member, know that you are not alone and have options. The law is on your side.
According to the Texas Council on Family Violence, one in three Texans will experience domestic violence sometime during their lifetime. Domestic violence is especially troubling because so many sufferers are hesitant to contact the police out of fear that it will further agitate the violent person or that their family members will get into trouble. It is important to remember that whether family or not, no one has the right to be violent toward another person. If you feel threatened by a family member and fear for your safety, consult a Texas attorney to pursue a protective order to keep yourself safe from harm.
Why You Should Still Consult with an Attorney for an Uncontested Divorce
It is well documented that getting a divorce can be a long, arduous, drawn-out process costing lots of time and money. The question remains, does it have to be this way? The short answer is no; it does not. What happens when a couple mutually decides that their marriage is no longer working for them and wishes to end things as quickly and painlessly as possible?
Thankfully, for couples seeking a swift and straightforward divorce, there exists a solution. This brings us to something referred to as an uncontested divorce. More often than not, these types of divorces require significantly less time and less emotional turmoil for the people involved. If you and your spouse seek a divorce that will not break the bank and will be over sooner rather than later, consulting legal counsel may is a wise and necessary step toward getting an uncontested divorce.
Can I Recover Damages if I Slipped and Fell at a Restaurant?
Millions of people seek medical care every year after slipping and falling, and many of these accidents happen when someone is a patron of a restaurant. Although restaurants are not automatically responsible for slip and fall injuries, if they are responsible, you may be able to successfully pursue compensation for a variety of damages. Read on for an overview of how to sue a restaurant in a slip and fall case, and then contact a Texas personal injury attorney for help.
Know the Law on Texas Slip and Fall Injury Cases
Whether you were badly injured, lightly injured, or even partly responsible for your injuries, you need to have a general understanding of the Texas laws that may apply in your case. To begin with, you can only seek compensation from a restaurant if you have 50 percent or less responsibility for your injuries. You will also need to file a case before the statute of limitations applies - two years from the date of the injury, or from the date you realized you were injured after the slip and fall.
Do Domestic Violence Allegations Change the Outcome of a Texas Divorce?
Texas has a serious problem with domestic violence. Not only does it have high rates of domestic violence, but it also has a significant problem with police officers being assaulted when they respond to reports of domestic violence. Understandably, Texas law takes domestic violence seriously and the presence of domestic violence has the potential to have a major impact on the outcome of legal proceedings like divorce.
While divorcing an abusive spouse can be dangerous and frightening, there are protection mechanisms to keep victims safe as they try to leave their abusers. If you are considering divorce and domestic violence is part of the equation, it is important to understand the protections available to you, as well as how domestic violence could influence the outcome of your divorce.
Emergency Protective Orders
For those who are worried that a spouse may become imminently violent upon learning of the intent to divorce, emergency protective orders may be necessary to keep that spouse away from his or her family. Emergency protective orders are available without interviewing the spouse accused of abuse, although a full hearing needs to be scheduled for the protective order to be extended. Be aware that you will need to have evidence of domestic violence to apply for and extend a protective order.
How to Choose a Divorce Attorney and Get it Right the First Time
Divorce in Texas is hard enough without throwing unnecessary complications into the mix. Unfortunately, for many divorcing individuals, switching an attorney partway through the divorce process turns out to be a highly necessary complication. Although some cases of changing a divorce attorney cannot be avoided (such as if your attorney dies or cannot continue working), many unresponsive, irresponsible, or careless attorneys can be identified by carefully interviewing attorneys when you start searching at the very beginning of the divorce process. If you are looking for a divorce attorney, make sure you keep an eye out for these five red flags.
An Attorney With Exclusive Experience in Other Areas of Law
Some law firms practice many different types of law, which is not a problem. But if an attorney with the vast majority of her experience in real estate law is trying to pick up a few family law cases on the side, you may want to avoid her practice in lieu of someone who has specific experience in family law.
Texas Residency Requirements for Divorce
Before you can file for divorce in Texas, you need to make sure you meet state residency requirements. Just because someone lives in Texas does not automatically mean that they qualify for residency, and filing for divorce without meeting the residency requirements can delay the divorce process and ultimately make it cost more time and money. If you want to get divorced in Texas, here are some important things to know.
How Long Do I Need to Live in Texas Before I Can File for Divorce?
If you have lived in Texas for at least six months, either you or your spouse can file for divorce in Texas. If you file for divorce, you must have lived in the county in which you want to file for divorce for at least 90 days. Even if your spouse lives in another state and will only be responding to your petition, a Texas court has jurisdiction over them if:
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You lived together in Texas as the last state of the marital relationship
Common Causes of Fatal Construction Accidents
While construction work is essential for practically every aspect of American personal and commercial life, it carries serious risks for employees in the construction field. Construction work is consistently rated as one of the most dangerous occupations, and within construction work, certain types of accidents tend to contribute to more fatalities than others. If someone you love has been seriously injured or killed in a Texas construction site accident, you may be able to take legal action.
What Are the Most Common Causes of Fatal Construction Accidents?
While construction sites present many potential hazards, just a few types of accidents consistently make up the majority of fatalities. These include:
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Tripping, slipping, and falling - When employees do not have safe scaffolding, harnesses, or surfaces to walk on, they can easily trip, slip, or fall. Even falling from a first-story building can lead to fatal injuries.
Can I Do Anything if My Spouse Trashed Our House During Divorce?
Most spouses want to get through their Texas divorce as peaceably as possible and avoid unnecessary conflict. Reasonable negotiation efforts often prove very helpful to these spouses as they seek to divide marital property and create a fair parenting plan.
Unfortunately, some spouses have unstable or violent personalities that can turn a divorce into a nightmare. If your spouse has begun to destroy property, spend money irresponsibly, or sell or give property away, you may need to take immediate action to recover your portion of the wasted assets and prevent further waste.
File For Divorce Right Away
If neither you nor your spouse have yet filed for divorce, you need to do so right away. It is virtually impossible to protect your property without a court issuing an order placing limits on your spouse’s behavior.
What Should I Do if I Have Been Served with Divorce Papers in Texas?
Shock. Surprise. Anger. All of these feelings are very common in people who have been surprised with divorce papers. You may have known that your marriage was not going well, but a process server showing up at your house with a Petition for Divorce might still have been an unpleasant, unexpected event.
Even if you were completely caught off guard when your spouse served you with divorce papers, it is essential to respond carefully and thoughtfully. Rushing angrily into the divorce process will do far more harm than good, even if your anger is completely justified. Begin with understanding the legal terms of divorce, dates for responding to your spouse’s petition, and other important details. Then work with an experienced Texas divorce attorney to develop a strategy for managing your divorce process.
My Spouse Served Me With Divorce Papers. What Do I Need to Do First?
The first thing you need to do is understand that you are now the “respondent” and your spouse is the “petitioner.” Neither the respondent nor the petitioner are more advantageous but it is important to know who you are so you can understand the divorce papers in front of you.
Should Child Support Payments Cover the Cost of Academic Tutoring?
Child support payments, whether ordered in a divorce decree or through a SAPCR for unmarried parents, are intended to cover a child’s needs until she turns 18 or graduates from high school. Even when child support payments are paid on time and parents generally agree about how to raise a child, there are often still questions about what, exactly, child support payments are intended to cover.
One grey area that parents frequently wonder about is academic tutoring. As research continues to come out about how lockdowns intended to mitigate the spread of Covid-19 have negatively impacted math and reading scores, parents are scrambling to find ways to help their children catch up. The cost of tutoring can leave parents reeling: Depending on the quality and experience of the tutor, some parents are asked to pay up to $100 an hour. This can result in thousands of extra dollars in costs over the school year and begs the question: Should child support cover tutoring? And, if so, can a child support order be modified to include a tutor’s costs?