From Spy to Bye: Texas Family Code’s Ban on Spousal Surveillance
Introduction In the realm of domestic violence and stalking, abusers often resort to tracking and monitoring their victims’ movements as a means of harassment and intimidation. To address this issue and strengthen existing laws surrounding protective orders and temporary restraining orders in dissolution of marriage suits, the Texas Legislature passed HB 2715. This legislation prohibits […]
How Long Does A Divorce Take?
Other than “How much does a divorce cost?” the most common question we’re asked is “How long will my divorce take?” Both questions are important, but as you can imagine, they’re difficult to answer with absolute precision and certainty. Divorce is unpredictable, and you can’t always control a case’s direction. But we’ve been doing this […]
What Will Happen to My Property?
All divorces involve at least some division of property. The division can range from each party keeping the personal property in their possession to more complicated estates involving the division of multiple houses, parcels of land, businesses, brokerage and retirement accounts, and even assets like Bitcoin or other cryptocurrencies. Regardless, clients frequently ask, “What’s going […]
What Will Happen to My Home?
As the saying goes, there’s no place like home. Your home is your castle. Your sanctuary. It’s the one place on Earth where you can go to relax, rest, and feel safe. It’s not surprising then how devastated you may feel if facing the prospect of having to move from or sell your home. Yes, […]
The New Old Discovery Rules
Introduction Just when you finally wrapped your head around the “New Rules,” along come the “New Old Discovery Rules.” Applicable to family law cases filed on or after September 1, 2023, the New Old Rules remove “required” disclosures and production of documents established by the New Rules, reinstating old rule “requests” for disclosure. Undoubtedly, those who loathe required disclosures will cheer, […]
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 […]