The Wright Firm's Weblog

Is Your Texas Divorce REALLY “Uncontested”?

We get a lot of calls from folks who claim that they have an uncontested divorce case, then upon further discussion we find out the case isn’t as “uncontested” as the caller thinks.  Here’s a quiz to see if YOUR divorce is really an uncontested divorce:

YES	NO	Question
		Do both you and your spouse agree that you WANT a divorce?
		Do both you and your spouse agreed on the GROUNDS of your divorce?  ( for example, “no-fault,” “adultery,” etc.)
		Do both you and your spouse KNOW what every single one of your assets and debts are?
		Do both you and your spouse AGREE who will pay each of your debts?
		Do both you and your spouse AGREE who will get what items of property, including the house?
		Do both you and your spouse AGREE on how to file your taxes for this year?
		If you have children:
		Do both you and your spouse AGREE which parent the children will live with?
		Do both you and your spouse AGREE who will make decisions regarding the children?
		Do both you and your spouse AGREE exactly what days and times each parent will have visits with the children INCLUDING HOLIDAYS?
		Do both you and your spouse agree WHO will pay child support?
		Do both you and your spouse agree on the AMOUNT of child support?
		Do both you and your spouse agree who will PAY for the children’s health insurance?
		Do both you and your spouse agree who will CARRY the children on a health insurance plan?
		Do both you and your spouse agree who will PAY medical expenses for the children that are NOT covered by health insurance?
		Do both you and your spouse AGREE who will claim the children as dependants on your income taxes?

                 If you answered “NO” to ANY of these questions, your divorce is NOT an uncontested divorce.  But that’s okay!  The vast majority of divorces are contested on at least a few issues.  Hopefully, this quiz will give you and your spouse some talking points so you can identify your issues, and maybe even start resolving them.

                If you need assistance with your divorce (contested or uncontested!) give The Wright Firm a call at (9720 353-4600 or check us out on the web at www.thewrightlawyers.com.   

This article is a public resource for general information about The Wright Firm, L.L.P. and Texas Law. Nothing in this article should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

 

An Old Flame: Get Ready to Pounce!

We’ve all done it, or at least thought about it.  At some point in your life there has been a person for whom you waited on pins and needles until he/she was single again so you could pounce.  Well, now Facebook is ready to assist!

A new Facebook app allows users to track the relationship status of selected friends.  If a friend on your watch list changes his relationship status, you are sent an email notification.  It’s admittedly a bit stalker-ish, but techno bloggers expect the app to be “hugely popular”. 

Have you been waiting for your college or high school flame to get divorced?  As long as he or she is one of your Facebook friends, you can now be the first to know when it happens.  And of course, nothing is real until it is posted on Facebook…

Speaking of divorce, if you are interested in a divorce of your own (hey, maybe that old college flame is waiting for YOU), call The Wright Firm at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

Is My IPAD Confession Really Confidential?

Little iApps, an Indiana software developer, has introduced "Confession: A Roman Catholic App" for iPhone, iPad and iPod Touch devices. Downloadable for $1.99 from Apple's iTunes, the password-protected program offers a step-by-step examination of conscience and guide to the Sacrament of Reconciliation.  I was curious so I downloaded the App and noticed that during the step-by-step examination of conscience that the App essentially has a check list for sins.  I started thinking, is the App and the information contained within really confidential?

 In Texas, confidential communications are privileged if they are made to a member of the clergy “in the member’s professional character as a spiritual advisor.”  You are not initially making these statements to a member of the clergy.  It seems that even the Catholic Church agrees with this statement. The Vatican issued a statement on February 9, 2011 indicating the electronic version of the Catholic sacrament of confession was no substitute for old-fashioned confession to an actual priest.  "It is essential to understand that the rites of penance require a personal dialogue between penitents and their confessor," explained Federico Lombardi, speaking for the Vatican. "The rites of penance ... cannot be replaced by a computer application."Linda Ann Nickerson Article on Vatican Response. The comments can be saved in the App.  

A member of the clergy under Texas law includes a minister, priest, rabbi, accredited Christian Science Practitioner, or other similar functionary of a religious organization.  The privilege may be asserted by the communicant, her guardian or conservator, or her personal representative (if the individual is deceased).  The clergy member may also assert the privilege.  The privilege protects confidential communications made privately and not intended for further disclosure except to other people present in furtherance of the purpose of the communication.  Clearly, if the device was filled out during confession it would probably be considered a confidential communication.  However, if you complete the program before you enter the confessional,  is your information protected?  One can imagine the information that might be revealed by a clever lawyer searching for information in the middle of a divorce case.  What about a police detective or the district attorney investigating a crime?   Until this point is clarified under Texas law, one should be careful about making the I-pad confession.  You may actually be making your confession to the judge. 

For more information regarding a Texas Law or to speak with a Dallas Divorce Lawyer, a Denton Divorce Attorney, or a Collin County Divorce Attorney contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day).  For more information on Texas law visit our website at www.thewrightlawyers.com. Reading this blog post does not create an attorney-client relationship.  The facts of each case may be different so speak to a lawyer about the specific facts of your case. 

 

 

 

The Grammys, Rihanna, and Texas Protective Orders!

In 2009, Chris Brown admitted that he had assaulted Rihanna following a pre-Grammy Awards party.  Presently, there is a restraining order that stops him from contacting Rihanna.  So how could Chris Brown attend the Grammys?  According to Billboard Magazine, the court order, which prevents Brown from coming closer than 50 yards to Rihanna, allows for an exception when both singers are required to attend a music industry event.   At the Grammys, the rules are relaxed and Brown must instead come no closer than ten yards from Rihanna.  Digitalspy.com/Rihanna Article. 

Both stars are nominated for awards, but a 2009 court order remains in place for the singers to steer clear of each other, and Brown is not expected to attend Sunday's awards show, reports AP.  There are questions about whether Rihanna, who has been reported to be battling the flu, will attend. USA Today. 

This case highlights the need for restraining orders and protective orders in dating violence cases.  In Texas, a protective order can be granted where family violence has occurred and is likely to occur in the future. An adult in a dating relationship may file an application for a protective order. Further, any adult may apply for a protective order for the benefit of a child, including a child who is a victim of dating violence. If the protective order is granted, the order can require that a party who committed the violence to do certain acts that the court deems necessary or appropriate to prevent or reduce the likelihood of family violence.   Any party who has a Protective Order granted against them may be required to take a battering-intervention-and-prevention program, may be prohibited from communicating with the protected party or a member of their household in a threatening manner, prohibits the offending party from going to or near the person or the person’s residence, and will suspend the person license to carry a concealed handgun or even possessing a firearm or ammunition.  In cases in Texas where a judge believes that the protective order standard may be too high or not be able to be met, the court could place an injunction in place that provides many of the same remedies as the Texas Protective Order. 

 

If you find yourself in a situation where you are a victim of family or dating violence and want more information contact the National Domestic Violence Hotline. National Domestic Violence Hotline.  If you are in Texas and want more information about Protective Orders, contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com. Attorneys at The Wright Firm, L.L.P. are only licensed to practice law in The State of Texas.  This post does not create an attorney-client relationship.  The facts of each case vary and the laws are different in each state so be sure to check with an attorney in your jurisdiction.    This post is meant as general information and not legal advice. 

 

 

Texas Divorce: You may wish you didn’t solve the "Wheel of Fortune" puzzle!

A recent divorce in Vancouver has been complicated by an argument over $51,600 in winnings the husband earned on "Wheel of Fortune" before the couple was divorced. Vancouver Divorce.  So, I started wondering how Texas would treat these winnings.  In Texas, gambling winnings can be characterized as either separate or community property.  If the lottery ticket was purchased the day after the divorce was granted, the winnings are the spouse’s separate property.  Typically, gambling winnings in Texas are treated like income from property.  As income from property, gambling winnings won during the marriage are community property, even if the money used to purchase the ticket was separate property.  So, I guess the rule should be if you play for big money while your married in Texas, you better get ready to share it. 

 If you legal assistance with your divorce in Texas, call The Wright Firm at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!  Reading this post does not create an attorney-client relationship.  Consult with an attorney about the facts of your case as each case is different and case law changes.  

 

Social Media in a Texas Divorce

Your Texas divorce attorney does not “Like” your Facebook profile.   Why? Because anything you post, tweet or tag may be used against you.

It may be tempting while you are going through a divorce or other legal matter to vent your frustrations via social media, but this can be a trap for the unwary.  Even if you “un-friend” the spouse you are divorcing, and set your security preferences to the max, a friend of a friend may share that status or picture you posted.  A screen capture can be worth a thousand words.

If you are reading this thinking “that won’t happen to me” – that’s what one of our opposing parties thought.  Boy was she surprised when her deposition came around and we presented her with a STACK of printouts of photos and wall posts with every innuendo-laden comment between her and her male “friend” highlighted. 

So, take the profile down.  Stop tweeting or posting items to your Facebook page.  It will only be temporary.  As soon as the ink dries on your final order, you can re-friend everyone.  However, even then – be smart about what you post.  If you wouldn’t want your mom/boss/judge/other-authority-figure-whom-you-respect to see it, don’t post it.

If you have questions about divorce in Texas, contact The Wright Firm, L.L.P. at 972-353-4600 or visit us on the web at www.thewrightlawyers.com.

Ten Things You Can Do To Improve Your Attorney-Client Relationship

Let’s face it; there are a lot of lawyers in Texas.  As of November 6, 2009, there were 83,596 to be exact.  As the managing partner of The Wright Firm and as a practicing lawyer over the last seventeen years, I have spoken with numerous people who were mad with their lawyers.   Here are some solutions that I think will make the attorney-client relationship work more effectively if you have to hire an attorney for a legal matter:

 1.    Have A Written Fee Agreement:    I always like to say a contract lets me know I have a client, and it lets a client know that they have an attorney.  The contract should specifically state the legal matter the lawyer has been hired to complete for you and define the terms of that relationship.

 2.    Tell Your Attorney How You Like To Communicate:  We live in a time of technology consisting of faxes, emails, cell phones, home phones, and text messages.  I have to admit, one of the new things I am going to do, is to have the client select how they would like to communicate with the firm.  Clients contact us on the firm number, our cell numbers, via text messaging, and via email.  Letting your attorney know in the beginning of the relationship how you would like to be communicated with will enhance the attorney-client relationship.  Maybe you have saved your attorney’s cell phone number in your cell phone.  You may get frustrated if you keep trying to call and you get your attorney’s voice mail.  Try to remember that your attorney may be in court, mediation, a meeting, or may have just turned his or her cell phone off, which results in you having to leave a message.

 3.    Determine How You Want To Receive Your Case Documents:  Everyone is different and likes to receive information in a different manner. Some people want to receive their case documents by mail via the U.S. Postal Service.  Others prefer to receive them immediately via email. And there are some who prefer to stop by the office and pick them up via hand delivery. Be clear and let your attorney know how you would prefer to receive documents and which method is most convenient for you.

 4.    Review All First Filed Pleadings And Settlement Documents:  If you review the initial document that is filed with the court and all final settlement documents, you will know exactly what you are getting.  You would be surprised how many of you I ask in a deposition questions about what you have filed and you have no idea what you are asking for or what you mean.

 5.    Don’t Play Phone Tag:  Some people call repeatedly throughout the day expecting to reach their attorney only to find out that he or she is unavailable.  Here is the secret; talk to your attorney’s legal assistant and schedule a phone conference on the attorney’s calendar.  This way, you will know exactly when you get to speak to your attorney, and he or she will be ready for your call.

 6.    Save Your Questions:  Be sure to keep a notebook handy and jot down the questions you have regarding your case as they come to you. Before you call or email your attorney, make sure you have your notebook handy with all your questions.  This way when you call or email your attorney, you can address all your concerns at one time. Not only is this more efficient, but it will save you money in the long run, since you are charged for telephone calls and emails.

7.    Review Your Billing Statements:  We make our clients sign a statement that says they agree to open and read their billing statements. It sounds silly, but some people don’t read them.   The statement is another way to see what work has been completed on your case.  You may have questions regarding what the work was or why it was necessary.  If you ever have questions regarding the billing statements, you should be able to contact the office manager for clarification at no charge.

8.    If You Have A Problem, Schedule A Face To Face Meeting With Your Attorney:  Representing a client in a legal case is a lot about managing expectations.  If you don’t like the way your case is being handled, contact your attorney and tell them that you want an hour of their time at no charge to talk about your case and to explain that you have concerns about the direction the case is going.  I’m not saying do this all the time but definitely if you have a serious concern.  If your attorney will not sit down and talk to you, you should question whether you really need to keep that attorney.

 

 9.    Remember You Are Not Paying Your Attorney To Tell You What You Want To Hear:  I see a lot of people who hire an attorney who agrees with them.  Remember you are hiring an attorney to not only assist you in interpreting the law and how it applies to your case and your rights, but to also tell you the truth and provide you with advice.  You have the option to reject or accept that advice.  You are not hiring a parrot, so remember that you may not always like what you hear.

10.    Make Your Attorney Explain It.  Do not be afraid to ask your attorney to explain what they are doing.  I see some people who are afraid to ask because they don’t want to look as thought they do not understand.   Make sure you read and understand all documents before you sign them.  If you do not, ask your attorney to explain it again and again until you do understand.

 

These are just a few helpful hints that should make your attorney-client relationship and legal case run more smoothly.  If you need legal representation in Texas, give The Wright Firm a call at 972-353-4600 or check us out on the web at www.thewrightlawyers.com

 

Point of Law: Texas Divorce Waiting Period

The Court may not grant a divorce in Texas before the 60th day after the date the suit was filed.  The waiting period is not required before a court may grant an annulment or declare a marriage void.  

A waiting period is not required if the court finds that: 

The opposing spouse has been finally convicted of or received deferred adjudication for an offense involving family violence against their spouse or a member of the spouse's household; or their is an active protective order against the other spouse because of family violence committed during the marriage.

The 60-waiting period is required based on the rationale that the parties ought not rush into divorce when there might still be a genuine prospect for reconciliation.  

This point of law has been brought to you by The Wright Firm, L.L.P.  If you have questions about the Texas divorce waiting period, contact our office at 972-353-4600 or reach us by the web at www.thewrightlawyers.com.

 

You’ve been served!

There are those individuals out there who receive a huge rush when tracking others down to serve them with lawsuits. We call these people process servers or servers. Sometimes they are individuals who are privately licensed by the State of Texas and sometimes they are Constables who are actually work for the government.  These individuals can be a great help to you and your attorney when they are working to serve a lawsuit for you and they can be a pain in your behind when you are the one they are looking for.  Ultimately, it is my opinion, that you can’t outrun, outsmart, or hide from service for too long.  These people simply have a job to do.  They will likely have information about where you live, where you work, what flight you’re coming in on, and even the make, model and plate numbers on your vehicle.  In fact, they can even have access to serve you in your own home,  wake you up from a dead sleep or catch you cooking breakfast if your spouse allows them into the home.

                It is important to know, that when you are served, your audition just started.  How you react will most certainly be forwarded onto the other party and his/her attorney.  Your reaction and behavior is a gauge of what you may act like in the future and how the opposing party and their attorney may decide to proceed forward.  That being said, don’t yell and scream at the server. It only will make you look unstable. They are doing there job.  Don’t refuse to sign the paperwork because guess what you don’t have too.  Don’t throw your car in reverse and fly down your driveway threatening to take out everyone behind you including the server. And don’t refuse to accept the paperwork because likely the process server will leave it on the ground where they said the magic words, “Mr. Doe, you’ve been served.”  That is all that is required. And from that point forward no one is too touch those papers but you. Which means you run the potential to have others know your business because they will likely just be left on the ground or under a rock. 

                Another important thing to remember, is that avoiding a process server will only go so far.  There are rules within the Code that allow a process server or constable to leave the documents with another individual and or affixed to your front door, your work front door, or any other place you are likely to be found.  From this point forward you are deemed served.  If you get served, you need to contact a lawyer for a consultation right away. Most of the time the documents are time sensitive and you can really damage yourself and your case if you do not respond timely.  

This post has been brought to you by The Wright Firm, L.L.P.  If you have questions, contact our office at 972-353-4600 or reach us by the web at www.thewrightlawyers.com.

 

Point of Law: Duty to Report Family Violence in Texas

Did you know that there is no mandatory duty on the public to report family violence unless the violence is inflicted on a child.  The State of Texas encourages any individual who witnesses family violence to report the family violence to a local law-enforcement agency.  If medical professionals included doctors, nurses, and emergency medical technicians treat a person for injuries that they believe were caused by family violence, they are required to advise the person of the nearest family violence shelter, document the file regarding the potential family violence, and give the person notice about the legal implications of family violence.

This point of law has been brought to you by The Wright Firm, L.L.P.  If you have questions, contact our office at 972-353-4600 or reach us by the web at www.thewrightlawyers.com.