Lackey Law Firm, P.C.Lackey Law Firm, P.C.2024-03-14T22:06:43Zhttps://www.lackeylawfirmpc.com/feed/atom/WordPress/wp-content/uploads/sites/1503533/2023/04/cropped-site-icon-32x32.pngOn Behalf of Lackey Law Firm, P.C.https://www.lackeylawfirmpc.com/?p=489092024-03-11T13:08:32Z2024-01-31T03:01:35ZThe standards for a no-fault divorce
Oftentimes, both spouses agree that the marriage is over and the blame does not lay with either individual in particular. In such cases, couples can file for a no-fault divorce. Essentially, this is a split due to irreconcilable differences.
In these instances, a couple can file jointly. They may even be able to expedite the process with an uncontested divorce. To do so, the parties should draw up a plan that addresses asset division, child custody and parenting duties. However, a family law court will still have to approve the plan to ensure neither individual is getting an unfair deal.
Also, Texas has a 60-day waiting period between the filing of the petition and the court's granting of the divorce. However, finishing the process can take longer, with simple cases lasting a few months and more complex divorces requiring closer to a year.
When filing for a fault-based divorce makes sense
Filing for divorce on specific grounds means that one spouse accuses the other of actions that directly contributed to the failure of the union. The purpose of doing this is so the court can take those factors into when finalizing the split.
The grounds for a fault include:
Living apart for more than three years
Abandonment
An extramarital affair
Physical, mental or emotional abuse
Felony conviction
The spouse who files must prove the grounds, which can take time. However, the benefits are that the innocent party may have more favorable asset division, spousal support and child custody. Fault-based divorce can also serve as a protection because the court waives the 60-day waiting period in cases involving family violence.
While no-fault divorces are most common, situations exist where a fault-based divorce is preferable. Weighing all options helps a person determine which procedure is most fitting.]]>On Behalf of Lackey Law Firm, P.C.https://www.lackeylawfirmpc.com/?p=488952023-12-04T15:06:20Z2023-12-04T15:06:20ZMaterial and substantial change
Texas family law requires a material and substantial change in circumstances to justify a modification of child custody orders. This could include a change in the child's needs or a significant shift in the financial or emotional well-being of either parent.
Parental relocation
Nearly 10% of Americans move every year. If one parent wishes to move out of state, it can complicate matters with a child custody agreement. Texas law typically requires the relocating parent to obtain court approval before moving with the child. Failing to do so could result in serious legal consequences, including loss of custody rights.
Best interests of the child
Texas family courts prioritize the best interests of the child when deciding on custody matters. Any modification must demonstrate that the proposed changes will better serve the child's physical, emotional and developmental needs.
Documentation for support
When seeking a modification, provide thorough documentation supporting the requested changes. This could include medical records, school reports or any other evidence that substantiates the need for modification.
Child custody orders govern all manners of decisions and responsibilities for children of divorce. When situations change after issuing a custody order, you should petition the court for modification. These are key considerations for any parent facing changes in their living situation, work or child custody needs.]]>On Behalf of Lackey Law Firm, P.C.https://www.lackeylawfirmpc.com/?p=488772023-11-06T01:00:35Z2023-11-06T00:59:47ZUnderstanding the charges
In Texas, Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are serious offenses. According to the Texas Department of Safety, in 2021, nearly 90,00 people faced DUI/DWI charges. DUI applies to minors, while DWI is for individuals of legal drinking age. Public intoxication pertains to alcohol or drugs impairing your actions in a public area to the point of endangering yourself or others.
Factors influencing reduction
One of the primary factors that can influence the reduction of a DUI/DWI or public intoxication charge is your BAC. The legal limit in Texas is 0.08%. If your BAC is only slightly above this limit, it may be possible to argue for a reduction in the severity of the charge.
The process of reduction
If your BAC is close to the legal limit, there are steps you can take to potentially reduce the charge. Demonstrating a commitment to making positive changes, such as enrolling in alcohol education programs or attending counseling, can strengthen your case.
Completing probationary periods
In some cases, a judge may offer a probationary period as an alternative to harsher penalties. During this time, the court requires individuals to adhere to specific conditions, such as regular check-ins, attending counseling or abstaining from alcohol. Successfully completing this period can lead to a reduction in the charge.
When facing a DUI/DWI or public intoxication charge, it is important to know what your BAC was at the time of arrest and what steps you can take to reduce the charge.]]>On Behalf of Lackey Law Firm, P.C.https://www.lackeylawfirmpc.com/?p=488742024-02-27T15:31:57Z2023-10-30T18:00:45ZCommunity property
In Texas, community property encompasses assets the couple acquired during the marriage. This includes earned income, purchased property and accrued debts by either spouse. Regardless of who earned it, if the acquisition occurred while married, the court considers it community property.
Separate property
On the flip side, separate property belongs solely to one spouse. This category includes assets owned before marriage, inheritances received individually and gifts that were specifically designated for one spouse. It is important to keep clear records of these acquisitions to establish their separate status.
Equitable distribution
Although Texas is a community property state, this does not always mean a strict 50/50 split. Instead, the court strives for equitable distribution, aiming for a fair outcome based on various factors. These may include each spouse's earning capacity, contributions to the marriage and their respective needs.
Factors influencing property division
Several factors weigh into the court's decision on property division. A judge will consider the length of the marriage, each spouse's age and health and their financial situations. The court may also take into account any misconduct or fault during the marriage.
Pre-marital agreements
Couples in Texas have the option to outline their own terms regarding property division through a pre-marital agreement. This legally binding document allows spouses to predetermine how to allocate assets in the event of a divorce. According to Texas law, both parties must have signed the document voluntarily, and each must have been aware of all property, assets and financial obligations of the other for the court to consider the agreement legally valid.
By adhering to these principles, Texas aims to facilitate a smoother transition for couples seeking to move forward in separate directions. Understanding the legal details of how to get a divorce in Texas can be made easier with an experienced attorney familiar with Texas law.]]>On Behalf of Lackey Law Firm, P.C.https://www.lackeylawfirmpc.com/?p=488722023-08-24T15:28:07Z2023-08-28T06:22:32ZSocial media trends and crime
Users on social media sites can spread content that enables and inspires criminal acts. For example, viral TikTok videos describing how to steal cars have driven an increase in vehicle thefts. Theft of property can lead to jail time, fines and possible felony charges in Texas. Furthermore, car theft contributes to accidents, which may cause injuries and fatalities. Reports suggest that this content is especially popular among teenagers and could influence young people to commit serious offenses.
Legal strategies for theft charges
For people facing theft charges, an effective legal strategy can lead to a more favorable outcome. As with other theft cases, the defense can highlight errors in the police investigation and assess the legality of any searches, seizures or arrests. The defendant's side can also introduce evidence and witness testimony to strengthen their argument. In cases involving offenses inspired by social media trends, it is possible to emphasize the lack of malicious intent. Additionally, some young defendants may not fully comprehend the implications of their actions.
TikTok trends and challenges can encourage criminal behavior, including theft. Although these incidents can have serious consequences, there are legal options available to people facing charges for offenses inspired by social media.]]>On Behalf of Lackey Law Firm, P.C.https://www.lackeylawfirmpc.com/?p=488512023-07-20T13:39:19Z2023-07-17T21:18:25ZLimitations on legal separation in Texas
In some states, a married couple who does not want to pursue a divorce can seek a legal separation instead. Legal separation allows couples to resolve child custody issues and divide property without terminating their marriages. Married people may choose separation for a wide range of reasons, including cultural, personal and financial concerns. Currently, the law in Texas does not recognize the legal separation of spouses. However, there are steps you can take that allow you to separate from your spouse informally.
Alternative options for separating couples
If you plan to divorce eventually, it may be prudent to seek a temporary order that covers financial and parental obligations. In cases involving family violence, a protective order can also be useful. Parents should also consider a SAPCR, or Suit Affecting the Parent-Child Relationship, to gain conservatorship without divorcing.
If you want to separate without divorcing in Texas, you can create informal agreements surrounding important issues such as financial and child custody that allow you and your spouse to navigate life separately while remaining formally married. By working together, you and your spouse can create a separation agreement that outlines responsibilities and rights for both parties.
Although formal legal separation is not an option in Texas, you can still find solutions that enable you and your spouse to live separately without divorcing.]]>On Behalf of Lackey Law Firm, P.C.https://www.lackeylawfirmpc.com/?p=488502023-06-23T15:29:46Z2023-06-21T15:59:14ZExtradition and DWI offenses
Extradition comes into play in DWI cases when authorities arrest individuals for DWI offenses in one state but find them in another state. If a Texas resident commits a DWI offense in another state and authorities arrest them, they may request extradition to bring them back to Texas to face the charges. Similarly, if someone from another state commits a DWI offense in Texas and then flees to their home state, Texas authorities can start the extradition process to bring them back to Texas for prosecution.
The extradition process in Texas
The extradition process in Texas involves several steps. Firstly, the state seeking extradition sends a formal request to the Governor of the state where the individual resides. This request usually includes relevant documents, such as an arrest warrant and charging papers. The Governor's office reviews the documents and makes a decision about extradition.
If the Governor approves the request, they issue a warrant, and authorities arrest the individual in the state where they reside. An extradition hearing then happens to determine whether the individual should return to Texas. During this hearing, the individual can contest the extradition and present any relevant defenses. The court decides whether to extradite based on the evidence presented.
Consequences of extradition in DWI cases
Extradition carries significant consequences for individuals facing DWI charges. It disrupts one's personal and professional life as they return to Texas for prosecution. The individual may also incur expenses associated with professionals they hire to help with their case and the logistics of returning to Texas.
Furthermore, extradition demonstrates the seriousness with which Texas treats DWI offenses. This approach serves as a deterrent for individuals who might consider fleeing the state to avoid prosecution for DWI charges.
Extradition related to DWI charges is a legal process aimed at bringing individuals back to the state for prosecution. By being aware of the steps involved and seeking appropriate guidance, individuals can protect their rights and interests throughout the extradition process.]]>On Behalf of Lackey Law Firm, P.C.https://www.lackeylawfirmpc.com/?p=488402023-05-24T13:44:11Z2023-05-24T13:44:11ZEffective communication
Effective communication is crucial in any legal matter, and it is especially important in family law cases. Your family lawyer should be accessible and able to communicate with you throughout the case. They should be able to answer your questions and address any concerns you may have. A communicative lawyer will keep you informed of any updates and help you make informed decisions throughout the process.
Strong court connections
In family law cases, having strong connections in the court system can make a noticeable difference. A lawyer with strong court connections can help move your case along more efficiently, as they will have established relationships with judges, court clerks and other legal professionals. They can also help better ensure that everyone you work with will handle your case fairly and effectively.
Comfortable using various legal methods
Family law cases are not one size fits all, and your lawyer should be able to provide different options based on your needs and preferences. Some cases may benefit from a traditional approach, while others may be better suited for collaborative or mediation processes. A lawyer who can provide different options can help you find the best approach for your unique situation.
Knowing what to look for in a family law attorney can make a significant difference in the outcome of your case, and working with a qualified attorney will give you peace of mind and confidence in the legal process.]]>On Behalf of Lackey Law Firm, P.C.https://www.lackeylawfirmpc.com/?p=488322023-04-19T02:17:32Z2023-04-19T02:17:32ZHow long does a traditional divorce take?
A traditional Texas divorce can typically take anywhere from six months up to a year or more. One of the prime factors that can cause a divorce to take longer is when one or both spouses are keeping secrets. Hiding assets, neglecting to disclose finances or otherwise choosing not to be fully open with one's attorney and the rest of the court will complicate the case and add weeks or months to the process.
Does it make a difference if you choose collaborative divorce?
As an alternative to traditional divorce proceedings, you and your soon-to-be ex-spouse might decide to undergo a collaborative divorce instead. Doing so entails settling matters outside of court and agreeing to find a mutually-beneficial outcome. You can potentially shave entire months off your divorce timeline if both parties are willing to collaborate and compromise toward a fair resolution.
Divorce proceedings commonly take at least six months to come to a full conclusion. Many factors can complicate a divorce to the point of taking a year or more, but couples who agree on collaborative divorce can settle things much faster.]]>On Behalf of Lackey Law Firm, P.C.https://www.lackeylawfirmpc.com/?p=488332023-03-31T16:47:14Z2023-03-31T16:47:14ZReason #1: Moving to another state
Taking a new job or needing to be near ailing parents can prompt a move. Occasionally, the miles between a child and a parent become vast. Courts often see fit to alter an agreement because of this. The judges measure whether distance causes an undue burden and base decisions on the impact a move has on a child.
Reason #2: Refusing to follow the agreement
A custody deal should be straightforward and cover many parenting concerns. There is to be no possibility of misunderstanding. Negative feelings between former partners may spur one to violate the rules. Examples include not returning a child on time and failing to share medical information.
Such actions can amount to contempt of court. Keep in mind, obtaining a prosecution of this charge requires concrete evidence.
Reason #3: Changing lives of children and parents
Kids grow fast and pass through developmental stages in the blink of an eye. Different environments often work better than others at particular maturity points. A judge may recognize this and conclude a shift is in order.
Likewise, a mother or father might experience a transformation. Developing a gambling addiction, for instance, is seriously worrying. Also, a positive change may occur. Perhaps an addict with limited visitation rights finally kicks the habit. This triumph might prompt a judge to allow one parent more time.
Family courts have many reasons for revising child custody agreements. Understanding their thinking can be helpful for those seeking a more favorable situation.]]>