Preparation of Constructive Fraud and Reimbursement Claims in Mediation
Introduction I conducted a mediation recently that was successful, in my estimation, for one reason and one reason only. Preparation! This case involved various issues, but most prevalent were the issues of: Constructive Fraud Claim Regarding the constructive fraud claim, counsel defending the claim had case law at the ready, which laid out the elements necessary […]
Cracking the Code: A Guide to Discovering, Valuing, and Dividing Digital Assets in Divorce
In today’s rapidly evolving financial landscape, the emergence and adoption of digital assets like Bitcoin and Ethereum have added a layer of complexity to divorce proceedings. Cryptocurrencies and other digital assets present unique challenges in divorce cases, especially when these assets are undisclosed or hidden. In this guide, we will delve into the world of […]
Can You Be Served with a Lawsuit by Email or Social Media? Unleash the Power of Electronic Service of Process in Texas!
Service of process is the legal procedure whereby one party to a lawsuit (the “Petitioner”) gives legal notice to the other party (the “Respondent”) that they have been sued. Typically, service of process requires that the Respondent be served personally. If you know where to find a party or if they will agree to accept service or […]
I Think My Spouse is Hiding Money. What Can I Do?
Things haven’t been going well. For months, you’ve suspected that your spouse is planning to divorce you. In today’s mail, there’s a statement from a bank you don’t recognize. Your spouse has become secretive with their phone and computer. Lately, your spouse has been fascinated with cryptocurrencies like Bitcoin and Ethereum. There are unexplained withdrawals […]
Keys to a Successful Mediation
During my time as mediator, I’ve learned that a successful mediation is not unlike a successful trial. So, that begs the question: What is essential before you can have a successful trial? Preparation!!! You would NEVER go into a contested trial if you were unprepared. And you should never go into a mediation unprepared. You […]
Can Mediation be Ordered During an Appeal?
Can parties be ordered to mediate during an appeal? Absolutely! In Texas, appellate courts have broad authority to order parties to engage in mediation even during an ongoing appeal. In this blog post, we’ll explore the authority granted to Texas appellate courts to order mediation during an appeal, the procedures and rules involved, and the […]
Should I Move Out of Our House?
Should I Stay or Should I Go? It may be the title of a great song, but it’s a tough question you may be forced to answer in a divorce. Ultimately, the answer depends on your goals, resources, and children’s needs. Separating an emotional attachment to a home is difficult, but you have to approach […]
What Will Happen to My Children?
Parents going through a divorce or custody dispute often ask, “What will happen to my children”? Of course, we all want what’s best for our children, and hopefully, all strive to minimize the impact a divorce or custody dispute will have on the kids. But often, parents don’t see eye to eye regarding what’s best for the […]
I Don’t Want a Divorce. Is There Anything I Can Do?
In Texas, the sad reality is that if your spouse wants a divorce, they will get it. Texas is a “no-fault” state, meaning there is no requirement that fault grounds be proven to get a divorce. The only legal ground necessary is to show the marriage has become “insupportable.” In simple terms, if one spouse wants a […]
Save the Date! Open House & Grand Opening!
Exciting news! Save the Date! We’re thrilled to announce an Open House to celebrate the Grand Opening of our family law mediation practice, Armatys Millard, PLLC. We’d love for you to join us to celebrate this milestone. Come check out our new offices and join your colleagues for some fun outside of court. Bring your […]