In many divorces, the principal, and sometimes only, asset is the marital residence. Couples typically purchase a residence with some money down and a mortgage that consists of monthly payments comprised of interest and principal. Over time, the part of the payments going toward principal increases and the part going toward interest decreases. This principal… Read More
A young entrepreneur looks to marriage after starting a new business; a sole proprietor looks to incorporate during marriage; a married couple decides to open a family business – there are a myriad of scenarios involving business owners that can result in financial disaster in the event of divorce. If you engage in the same… Read More
A quote that I often share with clients going through a divorce when there are minor children involved is: “You cannot grow flowers in scorched earth.” Meaning, an ugly divorce where parents attack each other in Court makes it much more difficult for them to have any relationship post-divorce, let alone a well-functioning co-parenting relationship…. Read More
I had the pleasure of attending the American Bar Association’s Family Law CLE in Austin and was really impressed with all the presentations I attended. One presentation in particular, however, stood out to me because the topic addressed comes up from time-to-time in the cases I handle here in Travis County, Texas. The presentation was… Read More
If you are contemplating or facing divorce, do you have any of the following goals: Staying in your house; Keeping your children in their current private school; Making sure college tuition and expenses will be paid; Maintaining a good post-divorce relationship with your spouse and extended family; Providing for your future; Protecting a family business;… Read More
October is National Domestic Violence Awareness Month. Domestic violence affects 1 and in 3 women and 1 in 4 men according to the CDC’s National Center for Injury Prevention and Control. Domestic violence can include physical violence or threats of violence between members of a family or household (codified as “family violence” under the law),… Read More
Over the last 25 years incredible advancements have been made in the field of medicine. Procedures that used to require hours in surgery, long hospital stays, and months of recovery now have folks out of the hospital and back on their feet in a fraction of that time, with less discomfort, and at a lower… Read More
Most divorces include some amount of anger. Divorce mixed with anger, especially intense anger or rage, is emotionally draining for the participants, results in higher legal fees, and often causes the divorce process to drag on unnecessarily. The anger may be justified, like when infidelity, dishonesty, or neglect is part of the story. The anger… Read More
Texas Family Code §154.125(a)(1) requires that every six years the presumptive amount of net resources for which child support guidelines apply be reviewed and adjusted for inflation by the Texas Office of the Texas Attorney General (OAG). That section sets out the formula for doing so based on the consumer price index. The last child… Read More
Prior generations aspired to get married, buy a home, and have children. In that order. The millennial generation has changed that order. Both inside and outside the context of a divorce, this decision carries with it a variety of legal ramifications. Millennials Cohabitating The millennial generation is now between the ages of twenty-three and thirty-eight…. Read More
Four of the most frequently asked questions at the beginning of a divorce are: How long will it take to get a divorce? How much will it cost to get a divorce? Do my spouse and I both need to hire attorneys to get a divorce? How do I get started and how do I… Read More
Introduction If your divorce involves child custody issues, you may need the assistance of mental health professionals. It is important to understand the differences between the professionals likely to be involved—therapeutic psychologists and forensic psychologists. Although both interact directly with clients, their roles and ethical responsibilities diverge. This article will discuss the different services they… Read More
I have been practicing family law since 1991 and have heard hundreds of divorcing spouses say they want to “take the high road” in their divorce. In almost every instance, they were telling the truth. In practice though, many fell short finding it difficult to choose the high road and stay there. Because divorce involves… Read More
Research shows that what impacts children of divorce the most is not the divorce itself, but rather the prolonged conflict and tension between the parents. The more parents can do to minimize tension and conflict, the better off the entire family will be. It is clear the relationships we witness as children affect our relationships… Read More
Mental health issues can challenge any marriage. The same mental health issues that affected your marriage will probably impact your divorce and the division of your assets. For families with children, each spouse’s mental health history is important to custody decisions. Q. How will a proven history with mental health issues affect what I am… Read More
What classifies property as “complex” in a divorce? Complex property matters include marital assets that require a special expertise or effort in addressing them. This may include business valuation issues, characterization and tracing of assets, closely-held business interests, trust matters, employment benefits and tax issues among many others. I’ve heard that divorces with complex property… Read More
Is it possible to get through this divorce with a good outcome, considering I am divorcing someone who might be sociopathic? Yes, although divorcing someone with a personality disorder or a high-conflict personality adds another layer of complexity that should not be ignored. More and more individuals confronting the prospect of divorce are also forced… Read More
A high conflict personality is defined as a person with long-standing patterns of behavior and experience that adversely affect the person’s interrelationships with others and ability to function effectively in the world. A high conflict personality type can exist in both complex and simple divorce cases. Divorcing someone with high conflict personality could produce additional… Read More
If you are contemplating filing for divorce, or if have a divorce pending, you may be concerned about how a government shutdown will affect your cashflow and investments. The good news is that the economic impact, overall, is likely to be small. In late 2013, a similar government shutdown, spanning 16 days, trimmed overall… Read More
The wedding day is fast-approaching: the venue is secured, friends and family members have made travel plans, and most of the details have been completed. You are ready to rest, relax, and enjoy the days leading up to this milestone event. But then, your soon-to-be-spouse presents you with a premarital agreement to sign. What should… Read More
Property issues can be very complex, and this post is designed to give a brief overview of separate and community property in Texas and what is required to prove separate property. Understanding of Community Property and Separate Property The Texas Family Code provides all property owned during the marriage is presumed to be the community… Read More
The divorce process is a very trying time for divorcing spouses, but the impact of the divorce is even greater for any children involved. Telling your children about the divorce may invoke feels of sadness, anger, and guilt. However, you must remember that this conversation is one that your children will remember. How should divorcing… Read More
One of the hardest decisions any person makes is the decision to divorce. That decision brings final acceptance that you and your partner were unable to create the future you planned for when you got married, which was to face life’s challenges and celebrations together, forever. The decision is even harder when children are involved…. Read More
If you have a child who receives special education services, or accommodations in school, you should specifically discuss with your attorney how your divorce decree will allocate decision-making rights when it comes to your child’s education. If you have ever sat in a special education meeting (often called an IEP meeting or an ARD meeting),… Read More
As a family lawyer, I have learned a leading cause of divorce is financial infidelity and lack of effective communication about finances. In some marriages, one spouse may have little to no knowledge about the health of the couple’s finances, the amount of spending by either spouse or how income is saved or invested. Additionally,… Read More
Carried interests, which are also known as performance fees or profits interests, are often the primary incentive payment mechanism for general partners and managing members of hedge funds, private equity funds, and venture capital firms. A carried interest is a share of profits the managers of private equity funds receive as compensation. This method of… Read More
Money is a central issue in every Texas divorce case. You will need to identify and divide property, allocate debts, and plan for your financial future. This can be a stressful process for anyone, whether you are a financially-savvy businesswoman, or a stay-at-home parent who lacks financial control. This is because our beliefs about money… Read More
Marriage is not easy. Specializing in high conflict divorce over the past 15 years has opened my eyes to the reality that putting in the work to strengthen a marriage might spare families from experiencing the trauma associated with the divorce process. When marriage gets hard, couples feel hopeless. Most of the struggles couples face start… Read More
Divorce is an exceptionally difficult process for the entire family. When there is a child with special needs involved in a divorce, this process can seem even more daunting. It is important to evaluate each aspect of the parenting plan contained in the final decree to ensure that it meets the child’s unique physical, financial… Read More
Remember the excitement you felt as a child as the school year ended, knowing leisurely summer days were ahead. For divorced parents, this can be a different story. How can divorced parents work together to create a summer schedule that has the right mix of fun and learning and accommodates everyone’s schedule? Below are some… Read More
Couples facing divorce learn very quickly that a lot of “rules” govern their assets and debts—rules that most married couples do not know exist. The rules (called characterization rules) matter because how an asset or debt is characterized determines how that asset or debt can be divided, if at all. In addition to learning a… Read More
Post-divorce or post-separation communications with your former spouse or the other parent may be awkward at first. During your divorce, you may have relied upon your attorney to handle most of the communication between you and the other parent. The litigation is over. The attorneys are gone. How do you effectively communicate with your former… Read More
“I think I’m losing my mind.” Amy [1] , who as a very bright, sensitive wife and mother of two, sat in my office for a divorce consultation. “When Jim and I met 15 years ago, he swept me off my feet. He was the smartest, most charming, and most caring man I had ever… Read More
When you make the decision to meet with a family law attorney to discuss your situation, the benefits you obtain from your initial consultation are often proportionate to your level of preparation. The more relevant information that you can provide to your attorney, the better counsel you will receive. But what is relevant? The answer… Read More
One of the toughest personalities to be married to, or to divorce, is the person who exhibits narcissist qualities. The word narcissist is in the news a lot lately with people frequently using the word loosely to describe anyone who is boastful, arrogant, manipulative, or seems to let emotions control their actions and reactions. Someone… Read More
In those instances where one spouse has superior knowledge and expertise about a specific subject, or has disproportionate control over other areas of married life, the divorce “playing field” may not be level due to a power imbalance. Between spouses, a power imbalance is when both spouses do not have the equal ability or the… Read More
You may be contemplating a divorce or find yourself in the midst of divorce—a divorce you chose or a divorce that you did not choose. Your once clear vision of the future is upside down and you have no idea what the future holds. I have learned a lot from my clients over the last… Read More
Divorcing a person with narcissism or narcissistic traits often poses a unique set of circumstances. Individuals with narcissistic traits often have an inflated sense of self and have a tremendous need to control the situation. They are rigid thinkers and often need to be right on everything, and will only solve issues if they are… Read More
I’ve seen countless families transition through divorce. I’ve seen families handle their divorce well and I’ve seen families cycle downward into crisis. Some parents are so hurt and wounded that it is all they could do to make it through their divorce. Because of their pain, their focus shifts inwards and away from their children… Read More
One important aspect of every divorce with children is allocating the parental rights between the parents. During a marriage, both parents presumptively make decisions for their children together. After a divorce, parental decision making will look different and will be governed by the terms in the Decree of Divorce. The Decree of Divorce will include… Read More
One of the most difficult topics to resolve in custody litigation is what possession schedule will each party have with the children. Judges in Texas have the discretion to order any possession schedule that the Judge believes is in the best interest of the child, which includes ordering a 50/50 possession schedule. However, the Texas… Read More
One of the many challenges in the divorce process is figuring out when each parent will have possession of the children – the parenting plan schedule. This issue is even more complicated when both parents have demanding jobs and particularly when those jobs do not necessarily have the typical nine to five schedule. This article… Read More
Under the Texas Uniform Parentage Act, paternity is presumptively established when a child is born to the mother within a marriage. This basic provision allows two married women to automatically have parenting rights and responsibilities as long as one of them gives birth to the child, but it does little to provide parenting rights for… Read More
Under Texas law, as a general rule the obligation to pay child support ends when an unmarried child (1) is at least eighteen; and (2) graduates from high school. Therefore, if the child is at least eighteen when he/she graduates from high school, then under the general rule the child support obligation terminates after the… Read More
Over the last several years, there have been many studies that have outlined the negative impact of social media on relationships and marriages. Consistently studies have shown that individuals who frequently accessed social media sites are more likely to experience conflict with their partners. The studies also demonstrate that there is a link between social media… Read More
I tell every client that meets with me the same thing – and the result is normally a nervous chuckle. “You can pay to send my kids to college, or you can keep your money and send your own kids to college.” And the result is typically the same – people want to save money,… Read More
Individuals of any age can experience emotional issues when their parents end their marriage. Parents interactions with each other and with their children during and after a divorce can profoundly affect their children’s ability to cope with life and with relationships, both now and into the future. When it comes to divorce, sons and daughters… Read More
In a divorce action, one of the most difficult financial issues you may face is whether to keep or sell the family home. This decision is also one of the most emotionally charged issues because continuing to live in the family home is comforting and represents security and stability for the children during the stressful… Read More
When preparing for mediation, attorneys and clients often are focused on the “mechanics of the deal.” Obviously, having a negotiation strategy that you are prepared to implement is the centerpiece of effective mediation. However, all too often a successful strategy that is well implemented leading to an apparent “good deal” is circumvented as the result… Read More
Happy Mother’s Day to every mother out there. Being a mom is the hardest job in the world and it is one filled with daily frustration, concern and worry. Being a mom is also fulfilling, meaningful and entertaining job, as you assist your children in becoming the best human he or she can be. If… Read More
On June 26, 2015, the Supreme Court of the United States made a landmark decision in Obergefell v. Hodges, holding that the Fourteenth Amendment: (1) requires each State to license a marriage between two people of the same sex and (2) requires each State to recognize same sex marriages, when the marriage was lawfully licensed… Read More
Curtis Harrison joined GoransonBain Ausley in December of 2011 as a partner. Mr. Harrison has practiced law for twenty-two years, is board certified in family law, and is the current managing partner for GoransonBain Ausley. What did you do prior to joining GoransonBain Ausley? “I began my practice in 1994 working for a small civil… Read More
With internet searches and social media accounts, almost anyone with a computer can play the part of amateur sleuth. But sometimes you need to bring in an expert to get the information you are looking for. If you think you need the services of a private investigator in your case or before your case begins,… Read More
The year 2014 had more questions than answers when it came to judicial decisions pertaining to a long-term ban on same sex marriage in Texas. But the June 26th U.S. Supreme Court of the United States (SCOTUS) decision will have a profoundly positive effect on certain family law issues for same-sex couples within the state…. Read More
The overall concept of surrogacy has been around for a relatively short period of time, but the process has given new hope to parents who are unable to conceive or carry children and same-sex couples. The exact number of babies born through surrogacy to U.S. families each year is not known because most surrogacy pregnancies… Read More
A typical Dallas family lawyer might argue that no judge should have the right to order counseling under the personal belief that a divorcing couple might have a chance for reconciliation. Yet under Section 6.505 of the Texas Family Code, judges actually have this right. When the court requires counseling, this requirement might delay the… Read More
In Texas, the terms of the final divorce decree form a legally-binding contract that courts expect to be strictly followed because it is also the order of the court. After divorce, however, sometimes circumstances change in ways that affect either party’s ability to continue complying with the document as written. Section 9.003 of the Texas… Read More
Christmas is finally here again. For millions of Americans, Christmas really is the most wonderful time of the year. But if you are in the middle of a divorce or child-custody modification, you may have discovered that reindeer aren’t the only ones who are playing games: Perhaps you just received an “Ex-text” informing you for… Read More
When couples begin pursuing a divorce, they quickly learn how complex their lives have become. Every possession requires analysis to determine ownership. Every loan must continue to be repaid by one spouse or the other. However, no issue in divorce is more important than the continued well-being of the children. Each Dallas divorce attorney at… Read More
For most people, signing any legal contract is can be frightening. It seems almost impossible to understand the tightly-packed pages of legal jargon; having some fear is logical and reasonable. Facing that document shortly before getting married — or any time thereafter —can ruin the magic behind a relationship that is all about based on… Read More
A great deal of thought and compromise goes into the development of a Texas divorce decree. However, obtaining a signed “Final Decree of Divorce” does not guarantee that the legal proceedings are over once and for all. Our Courts retain jurisdiction over the case, and over the conservatorship and support of your children, long after… Read More
A Family Research Council study on the Effects of Divorce on Children would lead anyone to believe that every child of divorce faces a tragic future. Without a doubt, parents need to focus on the wellbeing of their children from the time they decide to file for divorce through every step of the divorce process… Read More
For many, divorce can be full of surprises. Sometimes, even the fact that you’re getting divorced comes as a surprise. Our Plano divorce lawyers at Goranson Bain work hard to help mitigate the surprises, but there is one aspect of a divorce when sometimes the surprise is very strategic. Drug tests can radically change the… Read More
In my client consultations as a Dallas divorce lawyer, I answer many questions about separation and divorce. But the question that always makes me scratch my head is the question that comes well after my client has poured their heart out to me and described the issues they are having with their spouse. They are… Read More
Even though it seems counterintuitive, there are often reasons why couples decide to divorce while the wife is pregnant. When this happens, the pregnancy can influence aspects of the divorce that might otherwise be more predictable. If you find yourself in this situation, please contact the Dallas divorce lawyers at Goranson Bain to begin strategizing… Read More
Giving your testimony is one of the most important events that will occur in your case. While your Dallas family lawyer will be doing her absolute best to represent your interests, who can be a better advocate in support of your case than you? Appear Confident and Calm Witnesses often place an inordinate amount of… Read More
As a believing Christian I am often confronted with the question, “How do you do what you do while claiming to be a Christian?” I’ll save the theological response for another time, but my usual answer is this: “How does a Christian medical examiner do what he or she does?” When a person dies, the… Read More
***UPDATE*** House Bill 2363, discussed below, did not become law. Now it is 2017, the Texas Legislature is back in session, and a new “Equal Parenting” bill has been introduced. House Bill 453 contains most of the same provisions, and problems, that were found in last session’s HB 2363. As before, the bill mistakenly focuses… Read More
Resolve Alimony Conflicts With the Help of a Divorce Lawyer In most divorce decisions, receiving alimony is conditional. If a certain condition occurs, the alimony payments will end, even if a spouse is supposed to receive it for a longer period of time. When Does Alimony End? While a divorcing couple can agree to any… Read More
Anticipating How Your Spouse Handles Relationship Stress Can Give You the Edge in Divorce Negotiations Have you ever considered how you and your spouse typically resolve conflicts within your relationship? We as Dallas divorce lawyers feel it could be well worth your while to do so, even if the relationship is ending. Why? We live in… Read More
Divorce So, what happens to an LLC interest when the spouses divorce? There is very little case law that deals with divorce and limited liability company interests. Based on current Texas statutory law the only interest that can be owned by “the member’s spouse, to the extent of the spouse’s membership interest, if any, is… Read More
Today, it is not unusual to see a spouse operating a business in the form of a limited liability company or owning an interest in an investment that is a limited liability company (hereafter sometimes referred to as an LLC). This is a relatively recent phenomenon. In 1991 Texas became the 7th state to authorize… Read More
During your divorce, you will be faced with various tax issues and it is important that you explore those issues with an appropriate professional before you start to negotiate your final divorce settlement. Frequently these tax issues are discovered after the settlement has already been negotiated and having to resolve these tax issues post settlement… Read More
I’m often asked how child support is calculated in Texas if the parents share equal time with their children (50-50). We, as Dallas family law lawyers, know that many parents mistakenly believe equal time means no one is paying child support. They are often shocked to learn that is not always the case. To explain… Read More
It is relatively common for lawyers, when asked whether someone should have a Last Will and Testament, to say something like “if you don’t have a will, Texas has one for you.” The same is true for Marital Property Agreements. When a person says, “I do” to the love of their life, they have just… Read More
How much will my divorce cost? This question is one of the first questions that you will most likely want answered when you are considering filing for a divorce. Unfortunately, the answer is not always simple because the cost of a divorce is driven by many varying factors. One of the most significant factors that… Read More
The best indicator that your divorce is going to be difficult is a realistic view of your marriage. If a marriage has been filled with chronic conflict, then you should expect the divorce process to also be filled with conflict. In almost every high conflict case, the driving force fueling the conflict is a spouse… Read More
To some people, the hardest decision they ever have to make is deciding to file for divorce from an alcoholic spouse. When the decision is made, one thing that is seldom analyzed is the fact that one day; the children might be left alone with the alcoholic spouse. To many single parents, this is a… Read More
In 1967, the Beatles asked: “Will you still need me, will you still feed me, when I’m Sixty Four?” Today, Sir Paul, the answer increasingly is “No.” Divorce among older Americans has grown dramatically over the last decades. Trend spotters have dubbed these break-ups “Gray Divorces,” “Empty Nest Divorces,” or “Silver Separations.” According to a… Read More
A critical decision that must be made early in the process of separating and divorcing is with whom to share your story and legal details. When we are under extreme stress, sadness and anger we human beings often feel relief when we unburden ourselves by telling someone. This is understandable. Strategically, however, it is important… Read More
Adoption is a very special journey. In many ways it is a journey that could be the most joyous and fulfilling experience a person can have. Adoption statistics show how much adoptive parents cherish the time they have with their children. They appreciate every day the opportunity to be a mom and a dad, and… Read More
Ah, the joy of the holidays. Good food, great memories, and family traditions. It might be your family tradition to spend Thanksgiving morning doing the Turkey Trot – followed by fried turkey at grandma’s house. It might be your family tradition to spend Christmas Eve at a candlelight church service and then waking up before… Read More
Over the last 25 years Americans have been on the cutting edge of advancements in medicine. 25 years ago a back surgery required long hospital stays, metal plates, and months of recovery. Today, surgeons deliver “minimally-invasive” procedures that have folks in and out faster than a TSA security pat-down. So why do we still languish… Read More
Electronic evidence is more and more prevalent in contested divorce and child-custody cases. Electronic evidence includes text messages, Facebook posts, Instagram pictures, audio and video recordings, and e-mails. It is not uncommon for a client, after doing his/her own “investigative” work, to come into the office with a video recording or other electronic evidence and… Read More
It is important to provide notice to the court, governmental agencies, your employer, and others of the changes that have taken place in your life as a result of the divorce whether it is a change in tax status, change of address, change in beneficiary designations, or a name change. It is also important that… Read More
Some of the leading causes of divorce are financial disputes. Financial infidelity can be just as destructive to a relationship as sexual infidelity. People with differing financial values i.e. a saver versus a spender can cause friction. And often it is very difficult for an individual to change his or her fundamental financial values, habits,… Read More
Married or not married, that is the question. In Texas, when parties are not legally married, their marriage may still be valid if certain requirements are met. A common law marriage (also referred to as an informal marriage) exists when a man and woman (1) agree to be married, (2) live together in Texas as… Read More
The simple truth is that when a person is placed under extraordinary stress the universal human instinct for survival frequently tends to temporarily override rationality, common decency, and even parental wisdom. Virtually everyone who has faced the prospect of a separation or divorce has felt the extraordinary pressures that it causes. Most of the pressure… Read More
The original concept behind the Social Security program was to blunt the increasing risks of poverty to the average American worker by providing a modest form of “social insurance” after reaching the age of 65. By 1934, America was in the throes of the longest and most severe economic depression in its history and millions… Read More
The tragic death of actor Phillip Seymour Hoffman due to an apparent overdose of heroin has highlighted the complex issue of addiction and relapse, particularly to opioids. Opioids, whether they are prescription painkillers such as Vicodin or Percocet, or heroin, are extremely addictive, making recovery difficult and relapse easy. Hoffman’s death was so shocking because… Read More
Alimony. Spousal Support. Spousal Maintenance. These are all terms to describe payments of money from one spouse to another, to ensure the financial well-being of the spouse being paid, after a divorce is final. The Court can also order temporary payments during a couple’s separation while they are going through the divorce process, but because… Read More
Dallas Family Attorneys want you to meet Isaac Lufkin. As a freshman place kicker for his Rhode Island football team the “Classics,” he helped the team to an undefeated season and freshman football state title. Like many football players his age, Isaac dreams of playing in the National Football League (NFL). Unlike many football players his age,… Read More
The majority of the cases in family law courts that require court intervention involve an intense, high level of conflict. In almost every high conflict case, you will find at least one party who has a high conflict personality that is driving the litigation train. Unfortunately, the high conflict personalities that most often appear in family law cases are often not recognized by the professionals involved in the case. And, even if the high conflict personality is recognized, many professionals fail to understand how to manage the high conflict case and implement the actions needed to stop or at least minimize any further destruction by the high conflict driven client. Instead, attorneys, judges, mental health professionals and mediators have a tendency to handle the case from the viewpoint of how clients ought to behave rather than understanding how it really is. As professionals, we often want the parties to just find a way to get along. However, because the high level of conflict observed in a family law case is often an extension of the conflict that existed in the marriage that was driven by a party with a high conflict personality, it is unrealistic for any of the professionals to think the conflict is going to stop because the parties have separated and a divorce action has been filed. In fact, many, if not most, the high conflict people will stay in the high conflict cycle their entire life.
Your credit score and ability to obtain credit can have a significant impact on your life post divorce. It can impact your ability to qualify for a new credit card, car loan or home loan, or your ability to refinance an existing home loan or obtain a line of credit. Run your credit report during… Read More
The time you spend going through a divorce, along with the immediate aftermath, can be one of the most financially challenging periods of your life. Often, this difficulty comes when you are least able to deal with it, considering the emotional strains of divorce. Yet, with a solid financial strategy and an experienced family law… Read More
Marriage is an economic relationship as much as a social one. In a divorce, fairly dividing marital assets is one of the most important concerns. Equity in a home is the difference between the market value of the real estate and the amount still owed against it on a mortgage. Equity in a shared home… Read More
As a family law attorney and a marriage and family therapist, we have seen many examples, both good and bad, of the impact of divorce on children. Over the years, we have gained some insight into how to alleviate some of the more troubling aspects of divorce on children by creating an atmosphere where the children can flourish. Below are some tips.
The child custody evaluation is often the most critical piece of evidence in a contested custody case. The results of a child custody evaluation can make or break a client’s case. Preparation can make a tremendous difference in not only how the evaluator sees your client but also in the recommendations made by the evaluation. Most clients, however, are poorly informed about the significance and process of a child custody evaluation and therefore are ill prepared for it.
In a family law case, it is common for one party to accuse the opposing party of substance abuse. As a result, drug/alcohol testing has become a commonplace tool used to determine (1) the accuracy of substance abuse allegations; and (2) issues related to custody and visitation. When used properly, drug/alcohol testing is a valuable tool. Armed with the proper information, drug/alcohol testing can then be used to provide evidence of drug use and non-compliance with court orders or abstinence and compliance with court orders. Unfortunately, Judges and attorneys are often uninformed regarding the technical nuances of the various testing methods, which results in drug/alcohol testing that is inappropriate to the specific circumstances of the case.
As the nation slowly recovers from one of the worst recessions in its history, many people are concerned about how divorce may affect their finances. However, there are options available to help people keep down the costs of divorce and to emerge from divorce with a clear understanding of their assets and debt obligations. While… Read More
News this summer that the 40-year marriage of Al and Tipper Gore is coming to an end underscores a recent trend in American matrimony: couples who have made it through decades of family rearing and career building are parting ways in unprecedented numbers. American baby boomers are splitting up at three times the rate of… Read More
The current recession appears to be affecting divorce rates, which had declined, but now may be on the rise. A recent study suggests finances may play the larger role in determining whether a couple stays together. “The Survey of Marital Generosity” from the National Marriage Project at the University of Virginia indicates that the financial… Read More
Whether you are facing a child custody dispute or anticipate coming to a relatively straightforward agreement regarding parenting your children, it is likely that you plan to meet with an attorney. While the legal process may seem daunting, keep in mind that the more thoroughly you prepare, the more easily you will be able to… Read More
Beth E. Maultsby Goranson Bain, PLLC 8350 N. Central Expwy., Suite 1700 Dallas, Texas 75206 (214) 373-7676 Fax: (214) 373-9959 State Bar of Texas 36th Annual Advanced Family Law Course August 9-12, 2010 San Antonio Chapter 45 Background, Education and Practice Beth has been helping families for more than 30 years as a judge, lawyer… Read More
It is understandable that because GPS tracking devices and spyware are so readily available, some individuals perceive their use as illegal in family law cases. It is also easy to empathize with those unable to resist the temptation of using these technologies to put to rest suspicions of a dishonest spouse. This article endeavors to… Read More
The annual Valentine’s Day holiday is a reminder of how much importance we place on letting our significant others know how much we care about them. The well-prepared have already made romantic dinner reservations, bought flowers, bought candy, bought jewelry – or some combination of those traditional gestures – while the not-so-well-prepared will be hitting… Read More
In a recent 5-3 decision, the Texas Supreme Court decided to move forward with a new process that would permit low-income couples to divorce without hiring a lawyer. This do-it-yourself divorce process is made possible through a series ofstandardized forms. While standardized divorce forms could help improve access to the legal system for low-income Texans,… Read More
Legislative Changes to the Spousal Maintenance Provisions in the Texas Family Code By Aimee M. Pingenot The provisions regarding spousal maintenance, set forth in Chapter 8 of the Texas Family Code, were radically modified in the most recent legislative session. The new statutes took effect on September 1, 2011 for all cases filed on or… Read More
If you are a male in Texas who is not married to the birth mother of a child, you may confront legal hurdles in your attempt to establish rights related to child custody, child visitation or other family law issues. This is because there are some legal presumptions for women under Texas law, which do… Read More
Tom Greenwald Drug Testing – Use and Defense State Bar of Texas 2012 Advanced Family Law Course (Excerpts) Seven Tips and Frequently Asked Questions Regarding Drug Testing in Divorce Cases and Other Family Law Cases Will I know in advance that the opposing party or opposing attorney is going to ask the judge for me… Read More
Tom Greenwald Board Certified – Family Law Texas Board of Legal Specialization Goranson Bain, PLLC 6900 N. Central Expressway, Suite 400 Plano, Texas 75024 (214) 473-9696 tgreenwald@gbfamilylaw.com www.goransonbain.com A. INTRODUCTION You are about to give sworn testimony, either by deposition in an attorney’s office or in the courtroom. This information is presented in an effort… Read More
Even when both spouses are fully cooperative, divorce is often one of the most stressful, difficult experiences that people go through in their lives. When one spouse resorts to trickery and dishonesty, however, the divorce process can be harder still. Unfortunately, perhaps because of the high stakes and surging emotions that divorce often involves, divorcing… Read More