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

Can a divorce be bad for business?

Social media outlets have been ablaze with news of Kim Kardashian filing for divorce after a mere 72 days of wedded “bliss”.  Many are now questioning whether the $10 million wedding-turned-immediate-divorce will generate backlash that will hurt the Kardashian brand.  Though there is much hate mail flying around the Twitter-verse and wedding vendors are furious, USA today reports that Kim K’s brand is safe.  The experts interviewed all came to the same conclusion – Kim’s divorce will just be a blip on her business radar, and the publicity surrounding it could actually be good for revenues.

For those of us without our own reality show, divorce can have a bigger impact on business.  In a Texas divorce if you own an interest in a business, that ownership interest can be considered a community asset; meaning, it could go into the “pot” of assets that the court divides in your divorce.  Divorce can affect your business in other ways as well.  If you and your spouse worked together, divorce obviously will put a huge strain on that working relationship.  If your business depends on “goodwill” in the community, the mud-slinging involved in a contentious divorce can be damaging to both your business and personal reputation.

Are you worried about how a divorce will affect your business?  The Wright Firm is here to help answer your questions!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

Original USA Today story can be found here:  http://www.usatoday.com/life/people/story/2011-11-01/kim-kardashian-kris-humphries-divorce/51020246/1

In case you’re curious where Kim Kardashian falls in the ranks of shortest celebrity marriage, check out this info graphic from the Huffington Post: http://www.huffingtonpost.com/2011/10/31/shortest-celebrity-marriages_n_1068180.html?1320097823

 

Breakup Bling!

I would hazard to wager that most women have at least one or two pieces of jewelry left over from past fizzled relationships - be it a wedding ring still shoved in a dresser drawer post divorce, or that “Tiffany” necklace that turned out to be as true as the boy that gave it to you.  These days, new websites are popping up that allow women (and men) to turn that break-up jewelry into cash when, as one site put it, “You don’t want it, but he can’t have it back.”

Many people feel awkward walking into a pawn shop and hocking what was once a treasured item.  Not to mention, pawn prices are frequently not anywhere near as high as one would hope.  The sites give the broken hearted not just a place to sell their jewelry for closer-to-market prices, but also in some cases has the cathartic benefit of allowing the seller to tell his or her story.  One such site, www.exboyfriendjewelry.com actually requires those listing items for sale to include the breakup story in their listing.

It’s not just “regular” gals selling their jewelry either!  Celebrity exes like Jennifer Lopez and Ellen Barkin reportedly have had their breakup gems sold at auction. For those of us who don’t quite have enough of a collection to merit our own auction, or even for folks looking for a good deal on slightly used jewelry, these websites might be worth a look.

If you are going through your own break up, just a reminder – under Texas Family Law, anything that you receive as a GIFT or owned PRIOR TO the marriage (and engagement rings tend to fall into both categories) will fall under the definition of separate property.  Separate property is NOT subject to being divided up by a divorce court.

Need help with your Texas divorce?  The Wright Firm is here to help you!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

Video of the original Nightline story can be found here:  http://abcnews.go.com/nightline.  Text of the story can be found here: http://abcnews.go.com/US/lead-celebrities-ordinary-women-sell-break-bling/story?id=14307992

 

Heartbreak Hotel!

A company in the Netherlands is now offering “Divorce Hotel” services.  The concept was created by Dutchman Jim Halfens.  As part of the divorce weekend package, a divorcing couple receives two nights in the nights in the hotel, legal counsel for each spouse, a notary public and a psychologist.  An estate planner, on-site child care and even a bottle of champagne to toast the divorce are available a la carte.

Halfens says that this is less like a weekend getaway for the couple and more like a structured business conference.  The first meeting begins bright and early Saturday morning after breakfast and continues with very little breaks until a deal is reached – even if that’s late into Sunday night.  The weekend divorce deal is not suited to complex property divisions or hotly contested custody cases.  However, for sensible couples who “won’t smash the furniture” and don’t want to miss work for court hearings or mediations, the “divorce hotel” offers an unusual solution.

No similar service is available stateside right now, but the Wright Firm is always open to creative ways of resolving your divorce case!  We have two family law attorneys trained in collaborative law, and we also offer flat-rate plans for uncontested divorces.  To learn more about these services, check out our websites at www.thewrightlawyers.com and www.NoFrillsTexasDivorce.com! 

Original article can be found here: http://www.nzherald.co.nz/lifestyle/news/article.cfm?c_id=6&objectid=10744656

 

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/

 

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. 

 

 

What’s Eating You?

At the end of January, the USDA released a new set of dietary recommendations for Americans. Of course eating right is good for you, but did you know it could be good for your child custody case? When a Judge is making a determination of what is in your children’s best interest, the judge will look at ALL aspects of your parenting skills including – you guessed it – what you feed your kids. Most family law attorneys have heard either their own client or an opposing party on the witness stand crying, “All she ever feeds them is French fries!” Even outside of the courtroom itself, the food you feed your children can impact your custody case. In many cases a professional will be appointed by the judge to interview each parent and the children and to visit with each parent and children together in that parent’s home. One of the questions the kids get asked is, “What do you eat when you’re with mommy/daddy?” So, check out those new USDA guidelines and give yourself and edge! The full report can be found at http://www.cnpp.usda.gov/dietaryguidelines.htm. The Parents® magazine “short version” can be found at http://www.parents.com. If you need assistance with your child custody case, give The Wright Firm a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

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.