Posted on July 15, 2024 in Divorce

Every day in 2021, 6,113 victims were served by family violence resources across the state of Texas. Unfortunately, there are not enough resources to go around, with more than 1,122 requests for shelter and housing going unmet each day. These numbers are overwhelming, yet it is estimated that only 10-25 percent of survivors of family violence will access services. Family violence can be extremely harmful to all those involved. In some cases, a spouse may have been a victim of domestic abuse for so long that they are afraid to file for divorce.

Abusers often tell their victims that if they try to leave, they will find them and kill them. A spouse who has been physically and emotionally abused for many months or years has every reason to believe this statement and little reason to disbelieve it. If you believe that divorce is the best option for you and your children, it is important to speak to a Dallas family law attorney from Law Office of Michelle Poblenz, who has been handling complex and difficult divorces for many years.

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 Posted on July 02, 2024 in Property Division

Divorce can be a complex process, especially when it comes to dividing assets. One of the most significant and often overlooked assets in a divorce is retirement savings.  A Texas lawyer can help you understand how retirement accounts are divided during a divorce to protect your financial future.

Texas Considers Retirement a Community Property

In Texas, retirement benefits accrued during the marriage are considered community property. This means that regardless of whose name is on the account, both spouses have a right to a portion of the retirement benefits earned during the marriage.

However, it is important to note that not all retirement funds are automatically split 50/50. The court considers several factors when dividing retirement assets:

• Date of marriage: Only the portion of retirement funds acquired during the marriage is subject to division.
• Separate property contributions: Any contributions made to retirement accounts before the marriage or after separation are typically considered separate property.

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 Posted on June 05, 2024 in Family Law

There are many reasons why someone might consider adoption. In some cases, people might feel they have been waiting too long to find the right person to start a family with, and they believe they can give a parentless child a loving home even without a spouse. In other cases, fertility issues and pregnancy loss might make a couple consider adopting a child. Sometimes, a parent gets married after their child with someone else was born, and that stepparent might want to officially and legally establish their relationship with the child. This article will explain the scenarios in which a child can be adopted in Texas. If you are considering this, speak with an experienced Dallas, TX adoption lawyer who can help you navigate the process.

When Can Adoption Happen in Texas?

There are four main scenarios in which a child can be adopted by someone who is not their biological parent. These scenarios are:

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 Posted on May 09, 2024 in Divorce

Breakups are hard. You might be heartbroken knowing that your happily ever after is not as close as you once thought. When a marriage breaks up, it can feel even more devastating. At one time, you and your spouse were convinced that you were meant to be, you planned a wedding, you got married in front of friends and loved ones, and you embarked on a life together. If you were both working, you may have accumulated some assets along the way. If you are considering divorce, there are some steps you should take before the process officially begins that can help your outcome. You might be feeling sad and disappointed, but the stakes are too high to lead with your heart instead of your brain. Speak with an experienced Dallas, TX divorce lawyer who can explain your options and advise you on how best to move forward.

Step 1: Gather Relevant Financial Documents

You can not figure out what sort of divorce settlement you want until you know what your marital estate contains. You need to know if your spouse has amassed any debt or obtained any assets during your marriage that might be divided among the two of you. It is a good idea to begin collecting bank account statements, tax documentation, titles to a car, deeds to property, paystubs, investment portfolios, and any other financial records and keeping these organized so you can access them if needed.

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 Posted on April 25, 2024 in DWI

Getting caught driving while intoxicated (DWI) in Texas can mean heavy fines, driver’s license suspension, and/or prison time. In some cases, a judge will order the defendant’s car to be outfitted with a breathalyzer, otherwise known as an ignition interlock device.

This article will discuss what an ignition interlock device is and when it becomes mandatory. If you have been charged with a DWI, contact a Texas criminal defense attorney as soon as possible so you can begin setting up your defense.

What is an Ignition Interlock Device?

As technology evolves, so does the criminal justice system. Some states will adopt a certain technology if it can help prevent further crimes. One of these technologies is the ignition interlock device (IID), which Texas law requires in some DWI cases.

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 Posted on April 09, 2024 in Criminal Defense

The purpose of probation is to give a second chance to people who have been charged with committing a crime. Also referred to as “community supervision,” probation involves programs and restrictions designed to help a person remain part of society and avoid incarceration. Not all crimes are eligible for probation.

Probation rules in Texas can be very different depending on whether the defendant committed a misdemeanor or a felony. In either case, probation violation is very serious and can negatively affect the probationer’s future. Understanding your rights is crucial to getting through probation safely, which is why it is important to retain a criminal defense attorney who is familiar with the criminal justice system.

In Texas, there are two main types of probation: straight probation and deferred adjudication probation. 

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 Posted on March 26, 2024 in Criminal Defense

When it comes to family violence, understanding the legal implications and consequences of being convicted is important if you are facing charges. In Texas, family violence is prosecuted very aggressively. If you have been charged with family violence, it is strongly recommended that you seek legal advice from an experienced attorney. While hiring an attorney does not guarantee a specific case outcome, it certainly gives those facing charges a fair chance at beating the charges or getting them reduced. 

With over 25 years of experience, Attorney Poblenz at Law Office of Michelle Poblenz has a proven track record of defending clients against the most serious criminal charges. No matter how grim a client’s situation may look, Attorney Poblenz is renowned for providing aggressive and tactical legal guidance that gives clients the best chance at obtaining a favorable case outcome.

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 Posted on March 14, 2024 in Child Custody

Child custody arrangements are designed to serve the best interests of the child. However, life happens, and circumstances change. And when circumstances change, modifications to existing custody orders may be required. In Texas, understanding the scenarios where custody modifications may be appropriate is important for parents navigating family law matters in the state. Contact an attorney for assistance in anything related to child custody, including modifications to existing custody orders. 

When Can a Custody Plan Be Changed in Texas?

1. Parental relocation – One common scenario where custody modifications may be necessary in Texas is when one parent plans to relocate a significant distance away. A modification may be warranted if the relocation would impact the current custody arrangement, such as disrupting visitation schedules or affecting the child’s stability. Courts will consider factors such as the reason for the move, the child’s relationship with both parents and how the relocation will impact the child’s best interests before approving any changes to the custody order.

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 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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