The Wright Firm's Weblog

No Need to Shoot Your Ring off!

Everyone knows the Beyonce song, “If you like it then you shoulda put a ring on it…” it’s catchy and cute, but what happens when you want that ring off?

 

If you are considering a divorce in Lewisville, there is no need to go to extremes to remove your wedding band.  A man in Pennsylvania learned that the hard way when he tried to shoot his wedding band off of his finger.

Read the full article here:

http://www.cbsnews.com/8301-504083_162-57574596-504083/drunk-federal-prison-guard-shoots-at-own-finger-to-remove-wedding-ring-police-say/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+CBSNewsTravelGuru+%28Travel+Guru%3A+CBSNews.com%29

If you are considering a divorce in the Lewisville or surrounding area you should know there are much less harmful or dramatic ways to being the process. Remember ACC, (Assets, Children, Cooperation) when you start thinking about your divorce process:

Assets- meaning anything of value (property, cars, furniture, jewelry, cash, stocks etc.) Know what your assets are. Texas is a community property state, therefore any property or assets acquired after a marriage are equally owned by both spouses, unless there is a written legal agreement prior to marriage. You need to know what assets you have, where they are, and what if any assets you had prior to marriage. Assets held prior to marriage are separate property and belong only to the spouse that held them before the marriage.

Children- no matter what, they will be impacted by a divorce as a parent and adult it is your job to ensure they are not put in the middle of any divorce proceeding.

Cooperation – consider that you and your spouse will both have lawyers and other expenses to pay in the process of a divorce. Think about if there is any middle ground between the two of you. The more you can agree on in separating assets and arranging potential custody agreements, the less legal and other fees you and your spouse will have to pay.

Do you have questions about pursuing a divorce and what you should be thinking about? The Wright Firm is here to help and provide comprehensive legal representation through every step of your divorce. Give us a call at (972) 353-4600, or check us out on the web at www.thewrightlawyers.com

L.A. Confidential!

In a story that sounds a bit like old Hollywood film noir:  A Los Angeles private detective faces accusations of using showgirls to lure divorcing men into drunk driving charges.  Allegedly at the behest of a divorcing wife, Christopher Butler set up a “sting” operation wherein he hired a former Las Vegas dancer to connect with the husband on a dating website.  After that the showgirl just had to get the husband to meet her, take a few shots of tequila, and convince him to get behind the wheel.  The cops took it from there.

Butler, a former police detective, is also facing federal indictment for selling drugs and operating a brothel – both in conjunction with California police agencies doing undercover work.

The Wright Firm would never use illegal means to trap an opposing party.  However, there ARE legal ways of using private investigators in a divorce case.  Word to the wise – if you are going through a divorce, behave yourself as if you are being watched.  You never know when it might be happening!

Do you need help with your divorce case?  Are you curious what options are available to investigate your spouse? Give The Wright Firm a call at (972) 353-4600, or check us out on the web at www.thewrightlawyers.com.

For the full American Bar Association article, click here:  http://www.abajournal.com/news/article/private_detective_accused_of_setting_up_divorcing_men_for_duis_with_help_of/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

 

A Sex Scandal Without the Sex!

Much ado has been made recently about U. S. Rep. Anthony Weiner sending sexually explicit messages and images via the internet to various women.  While there is a long-running tradition of sex scandals among American politicians, the quirk in Rep. Weiner’s story is that – as far as anyone is acknowledging – there has been no actual sex involved.  This is the “sex scandal” for the Age of Facebook and Twitter.

Weiner is not alone.  A May 2010 study by the Pew Internet and American Life Project, 15% of adults reported that they had received a sexually suggestive nude or nearly nude photo or video on their cell phones.  6% admitted to having sent such messages.  Of adults in the 18-to-29 age bracket, 31% stated that they had received and 13% that they had sent sexually explicit messages.

But, is an internet- or cell phone-based “affair” really cheating?  Under Texas law, it does NOT meet the definition of adultery.  To qualify as “adultery” there must be voluntary sexual intercourse between a married person and someone who is not the spouse of that person.  That doesn’t necessarily mean, however that your spouse won’t see a cyber affair as cheating.  The Associate Press reports in the wake of the Weiner debacle, that many Americans have stated via online postings and phone interviews that the emotional betrayal is just as bad as a physical betrayal.  As a divorce attorney, I can personally attest to the increasing role Facebook and other social media are playing in my clients’ cases.

The Bottom Line:  If you wouldn’t tweet it, post it or text it with your spouse looking over your shoulder, there’s a good chance your spouse will think it’s cheating.

For information on Texas law contact The Wright Firm, L.L.P. at 972-353-4600 or visit us on the web at www.thewrightlawyers.com 

See Yahoo News article here:  http://news.yahoo.com/s/ap/20110607/ap_on_re_us/us_weiner_is_sexting_cheating

See MSNBC article here:  http://www.msnbc.msn.com/id/43365868/ns/politics-capitol_hill/

 

Marriage: The Right Institution?

With high profile scandalous divorces hitting the newsstands and various websites, it causes one to ponder, is marriage truly the right institution? Celebrities, neighbors, and even clergy appear to have these “perfect” marriages, with “perfect” families and yet wind up in these wildly scandalous divorces. Stories and rumors of sexcapades, paternity lawsuits, custody battles, and undisclosed settlements to keep “baby mama’s” mouths closed. Is it that women have entered the workplace and are too tired for the occasional romp or that men simply can’t keep their pants zipped? Women becoming disenchanted when their Prince Charming begins to resemble a toad with a tire around his waist, or men feeling trapped by the kids, the nagging wife, and the constant demands for money and time? Who knows the reasons by but someone should know the answers about how to maneuver through the “semi-happy marriage”.

Historian Pamela Haag writes about a “semi-happy marriage”. And describes it “as one of low conflict, low passion, and low satisfaction. One minute, you love the stability and contentment. The next minute, you think it’s not the right marriage, and there are flaws in the marriage that are serious, even though there are also great things about the marriage," (Haag, Pamela "Marriage Confidential: The Post-Romantic Age of Workhorse Wives, Royal Children, Undersexed Spouses, and Rebel Couples Who Are Rewriting the Rules). Haggs says in other words, "one minute you can't imagine staying, the next you can't imagine leaving, It’s these kinds of marriages that are 'low-conflict' but not all that satisfying that contribute the lion’s share to divorce court each year." (Haag, Pamela)

Are people getting married because it’s what is expected of them or because we are taught early on that marriage is an institution that is right for everyone and if you don’t marry there something wrong with you? And is our current generation (the product of broken homes and nontraditional relationships) growing up to believe an entirely different concept? That marriage isn’t a necessity rather parenting through relationships without the institution is the safer more viable way to go. If so, how does this impact your average family law case? Does it really take the sting out of the break up?

I’ve got to say no. The idea that people may feel “trapped” or “bored” because in a marriage they have taken vows and aren’t “allowed” to commit adultery, have extramarital affairs, or supposed to be spending late nights out on the town without their significant other or otherwise have to be accountable to another doesn’t relieve them of their responsibilities. Those responsibilities and accountabilities that we have to others whether in relationships or through marriage don’t disappear because most of the time children are involved. Whether in a marriage or in a non-traditional relationship people need to understand that whether it’s a divorce or a SAPCR there is a level of accountability. If you find yourself in a “semi-happy marriage” or want to consider ways to avoid the institution all together while raising a family in a non-traditional way…do yourself a favor and get educated on the matter. A good family law attorney committed to you and your family will help you navigate your way though the “semi happy marriage” by potentially helping you save your marriage and at the very least helping your family unit stay intact.

Call the lawyers at the Wright Firm if you’d like information on your “semi-happy marriage” and options that may be available to you and your family 972-353-4600 or on the web at www.thewrightlawyers.com.

Affairs of the Heart: Does Infidelity Affect Child Custody?

One of the most common questions asked at the beginning of the divorce process is whether a spouse’s infidelity will affect child custody. Texas is one of the few remaining states that allow divorce based on fault grounds as well as on the “no fault” ground of insupportability. Adultery is defined by the Texas Family Code §6.003 as “the voluntary sexual intercourse of a married person with one not the husband or wife of the offender.” It is worth noting that this definition of adultery does not include “emotional cheating,” such as e-mails, texts, virtual sex or other activities aside from actual physical intercourse between two people. That being said, it is difficult to prove adultery in court.

Even if a claim of adultery is supported by evidence, there is usually little impact on the child custody portion of the divorce proceeding. The primary impact of a proven adultery claim is on the division of property, including the possible award of spousal maintenance. A proven allegation of adultery can substantiate a claim that the adulterer was at fault for the marriage’s breakup and, thus, that the innocent spouse should be entitled to a disproportionate share of the community estate. However, an allegation of adultery, even if proven, may not substantiate a claim for a disproportionate division of the community estate if the adultery took place too long ago or if the spouses were reconciled after the affair came to light.

Cynthia Palmer

Co-parenting

When parents war, children lose. Think about this. When

parents continually fight before and after a divorce or a paternity

case, who wins? No one. What happens? Your children are

caught in the crossfire. They become wounded psychologically -

depressed, fearful, insecure, disillusioned, vulnerable and hopeless.

Is “letting it all out” and “taking the other parent to the

cleaners” really worth the price your children will pay?

Nearly every parent who is facing divorce or going through a

custody case wonders and worries about the effect it will have on

their children. This is a valid concern, and should always be your

foremost consideration when making decisions about your family.

Your children will be impacted. There is no hiding this fact, and it

shouldn’t be something that you bury your head in the sand

about. Remember how you behave and act is the most important

determinant of how your children will feel and cope.