Posted on February 29, 2024 in Divorce

Divorce can be a complicated time for all parties involved. Having someone on your side who can handle the legal complexities of the divorce process can help alleviate some of the stress. Understanding how to choose the right attorney can be just as important as every other issue on the table, so do your due diligence to find the best one for your circumstances.

Research Your Options

Access to information has never been easier thanks to the internet. It can be used to look up all sorts of things relevant to your case, which includes researching a proper attorney. Performing a few online searches can help you discover detailed and relevant information on a large number of available local attorneys who can assist you in your divorce.

Information that may help you choose wisely includes:

• How long the attorney has been practicing law
• What type of law the attorney practices

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 Posted on February 09, 2024 in DWI

Coming back from a night out with some friends, you are suddenly alerted to a flash of red and blue lights in your rearview mirror. You are ordered to pull over to the side of the road while the officer follows close behind. With both vehicles in park, the officer strolls up to the driver-side window, asks you to roll it down, and notices a hint of alcohol. Whether you have imbibed or not the officer may still be suspicious, which could lead to him or her asking for you to submit to a field sobriety test. Though the officer may imply it is required you submit, you are not legally obligated to do so and, in most cases, should not. Facing driving while intoxicated charges can be difficult on your own which is why consulting an experienced criminal defense attorney is so important.

What is a Field Sobriety Test?

Officers conduct field sobriety tests as preliminary tests in determining whether or not a driver is intoxicated. The tests are performed on the side of the road and are designed to test your motor skills. There are multiple tests that an officer can subject you to but will most often include:

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 Posted on January 24, 2024 in Child Support

Special circumstances may occur that could make modifying an already existing child support order a reasonable request. When the support-paying parent or obligor loses their ability to earn a wage or receives a substantial raise from their current employer, these are both grounds for possible child support modification. Of course, additional requirements will need to be met before a request is eligible. An attorney can go over the finer points of child support modification so that you can avoid any hiccups while filing.

Child Support Modification Eligibility Requirements

Before you can file a petition to modify child support, there are a few requirements that you will need to meet. Texas child support modification eligibility requirements are as follows:

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 Posted on January 10, 2024 in Child Custody

Domestic abuse has a profound effect on a marriage and any children involved. So much so that, should a divorce occur, the likelihood of the abuser receiving sole conservatorship is almost non-existent. It is almost guaranteed that any history of domestic abuse or violence that takes place in a household will be aired out in a court of law. A judge can take one look at the facts and, depending on the severity of the abuse, choose to limit or outright revoke visitation rights from the abusive parent. An Irving, TX divorce and conservatorship attorney can answer any questions you may have about custody, visitation, and how domestic violence can affect both.

Determination of Conservatorship, Possession, and Access

The court’s primary goal in child custody cases is determining a child’s best interest. The two significant aspects that factor into this regard are conservatorship and possession and access.

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 Posted on December 15, 2023 in Criminal Law

Violating a probation order in Texas could lead to that probation being revoked. During the revocation hearing, a judge can also decide to make the terms of the probation even more strict. It falls on the shoulders of the prosecutor to make the probation violation charges stick. Even just one minor violation could see a defendant’s probation revoked. Defendants reserve the right to an attorney being present at a revocation hearing if they choose to do so.

Types of Probation

In Texas, there are three types of probation:

• Misdemeanor probation
• Felony probation
• Deferred Adjudication probation

Each type has its own terms and penalties should they be violated. The terms will depend on a defendant’s criminal past, the severity of the crime, and whether or not imprisonment is necessary in place of community supervision.

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 Posted on December 07, 2023 in Divorce

Conflict is normal in any marriage. Small arguments here and there are usually nothing to worry about. However, once those arguments escalate the emotional, mental, or physical abuse, it may be time to rethink your situation. A divorce with high-conflict complications can often be emotionally and mentally draining. Because of this, you will want an experienced divorce attorney standing beside you throughout divorce proceedings.

What is a High-Conflict Divorce?

Divorce can bring out the worst in people. In a high-conflict divorce, the two parties are unable or unwilling to work together to come to an amicable compromise on divorce-related issues, such as:

• Child support
• Conservatorship, possession, and access

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 Posted on November 16, 2023 in Criminal Law

Drivers under the legal drinking age and, in some cases, drivers over 21 can still find themselves charged with driving while intoxicated (DWI). The blood alcohol content (BAC) limit is not the only factor that an officer looks at to determine whether or not a driver receives a DWI charge. An attorney with DWI knowledge and the associated penalties can help defend your rights and figure out the best course of action for your case.

What is Per se Intoxication?

When a driver has a BAC of 0.08 percent or higher, it is automatically presumed that the person is intoxicated. This is what is referred to as per se intoxication. Drivers with a BAC of less than 0.08 percent are not necessarily out of the woods yet, as the legal limit is not the only factor determining a DWI charge. However, a driver is no longer automatically presumed to be intoxicated. Instead, an officer will need to use other methods to determine whether or not the driver is or appears to be intoxicated.

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 Posted on November 07, 2023 in Criminal Law

Drug crimes are taken very seriously in Texas. Texas imposes various penalties for those charged with drug crimes, so a better understanding of what you may be facing can go a long way. A Texas criminal defense attorney with experience in drug crime cases can provide a strong defense for the charges being levied against you.

Federal Drug Rating Guidelines

The Federal Drug Enforcement Administration (DEA) has outlined a few drug-related rating guidelines to classify drugs by placing them in categories. The categories range from high-risk to low-risk for abuse and dependency and are referred to as Schedules. Schedules I and II are both considered high-risk and are likely to carry felony charges with steep penalties. Schedules III, IV, and V will typically carry lighter charges depending on volume and intent.

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 Posted on October 17, 2023 in Divorce

So, you have decided to get a divorce. There is no chance of reconciliation; you just want to move on with your life. However, amid this decision, you decided you needed to relocate out of state. In Texas, residency requirements are an important part of the filing process. A skilled and understanding divorce attorney can help you navigate the requirements for filing a divorce and represent your interests in court.

What Are the Texas Divorce Residency Requirements?

To meet the residency requirements for filing a divorce in Texas, both of the following factors must be met:

• You or your spouse must have lived in Texas for at least the previous six consecutive months
• Either spouse must have been living in the county where you plan to divorce for the last 90 days

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 Posted on October 06, 2023 in Divorce

Divorce is a significant step in anyone's life, and in Texas, there are seven legally recognized grounds for it. These grounds can be broadly divided into two categories: fault-based and no-fault-based. The choice between these categories can significantly affect the divorce process and its potential outcomes. Divorce can be complex, so consulting with an attorney can provide valuable guidance through this process.

Committing Adultery

Adultery, in Texas, is defined as engaging in an intimate relationship outside of marriage, voluntarily and without the encouragement of the legal spouse. It is crucial to note that emotional affairs, explicit messages, or even kissing do not qualify as adultery. To claim adultery as grounds for divorce, you must prove physical infidelity, through photographs, messages, or witnesses. It is advisable not to engage in a new relationship until a divorce is finalized to avoid potential complications or accusations of adultery.

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