Family Law Newsletter

A retired ophthalmologist previously owned several real estate investments through a limited partnership with a licensed real estate broker. The broker represented the eye specialist in several previous real estate transactions. However, the relationship turned sour when a dispute arose. The dispute was over a sale of a property the two parties jointly held. The broker claimed that he was a victim of fraud, breach of fiduciary duty, and dissolution of partnership among other claims. The eye specialist sought the recovery of the equal share of the property sale. The two parties were in court to divide the proceeds of the property. Dividing Property When two parties are in a disagreement over property, it can cause strife between the two. A Houston family attorney will be able to help individuals regain peace during this moment of conflict. A dispute can arise over property including houses, cars, investments and proceeds from…
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Texas lawmakers have modernized the state’s divorce law, and the law covers various aspects of divorce. When dealing with alimony, a study of Texas law will display that there are several factors which courts evaluate when making decisions regarding alimony. Technically, the term used in law to refer to alimony is called maintenance. The spouses’ health, employment, criminal record as well as the duration of the marriage are some of the factors which courts refer to when making decisions regarding alimony. Every state has different laws when it comes to divorce and alimony, so it is a good idea for anyone involved in a divorce to hire a local attorney. Courts and Divorce A spouse seeking maintenance must also seek suitable employment and develop the necessary skills to become self-supporting during a period of separation. Courts that determine that one spouse is eligible for maintenance also determine the amount, nature,…
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Courts always look to the best interests of the child when creating child custody and visitation orders following a divorce. This is why courts prefer that parents work out a plan before the court gets involved. A Texas family law court does not want to have to tell parents and their child what is best for them if the parties can work something out on their own. If parents can work out a parenting plan, the plan can be an important step in minimizing the impact that a divorce has on their child. Additionally, it is more likely that the parents will adhere to the plan’s terms. They are more likely to have conflicts if a court imposes its own terms on the family. Parents and the child know the most about their own family; all a court knows is what everyone tells it. Important General Points about a Parenting…
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A spouse who earns the higher income in the marital household may be required to support the other spouse if the couple separates. The spouse with the lower income, or who has no income, is called the “dependent” spouse. A dependent spouse is entitled to support unless he or she has engaged in conduct which would support “fault” grounds for divorce, or unless he or she has caused the parties’ separation without adequate legal cause. Fault grounds for divorce are adultery, indignities, cruel and barbarous treatment, imprisonment for a term of two or more years, bigamy, or desertion for more than one year. “Indignities” is a course of conduct that is rude and harassing, thereby rendering the other spouse’s “condition intolerable and life burdensome.” “Cruel and barbarous” treatment is conduct which endangers the life and health of the injured spouse. A spouse who has engaged in any such fault conduct…
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