How Can They Help You

A Dallas family lawyer has the responsibility of handling cases regarding family issues. Qualified Dallas Family Lawyers who practice family law in the state of Texas can take on clients’ cases regarding the following:
* Marriage
* Prenuptial (pre-nup) agreements
* Divorce
* Separation
* Equitable division of the assets accumulated during the period of marriage
* Child custody
* Alimony negotiation
* Adoption
* Kidnapping
* Adjudication
* Juvenile
* Emancipation
* Parental rights
* Child support
* Paternity
* Domestic violence
* Child abduction

Dallas family lawyers can also handle cases other than the aforementioned. These lawyers can also handle cases that are very closely connected to the following: probation law, cases regarding property laws, trusts, criminal laws and so on.

But it is also important that you know that the cases usually handled by Dallas family lawyers are; prenuptial agreements, legal separation, divorces, child custody and domestic abuse cases. There are a whole lot of details that will need to be put into consideration when handling family law cases. For instance; a highly experienced Texas Divorce Lawyer knows all of the legalities of the state’s divorce laws. It is also important that you understand that Dallas family lawyers who practice specific areas of family law and have a reputation of performing brilliantly are the ones with a great deal of experience. You should not be fooled into believing that a family law attorney will only perform excellently based on his or her qualifications alone ??” it simply does not work that way!

As a client who is in dire need of legal representation in the area of family law, you need to realize that there is a whole a lot of “negotiation” or “bargaining” as some would call it and documentation involved when handling cases that are related to family law. For instance, a good Texas divorce lawyer is not cocky and insensitive like the movies will have you believe. A real life Texas divorce lawyer will genuinely support his or her client professionally, morally and even emotionally – an average Texas divorce lawyer is not vindictive or cold hearted at all.

You might also be thinking that the cost of hiring the services of Dallas family lawyers will be colossal but most lawyers who practice family law will usually charge their clients based on the type of case that is presented to them. For instance, when the case before a Dallas family law attorney is a divorce case, the charges for legal representation may actually vary, because this will really depend on whether the couple who plan to go their separate ways have a few unsorted issues between them like property division, child custody, alimony, child support and so on.

There are a lot of Dallas family lawyers that are known to charge by the hour; while there are family lawyers in the same state who simply charge a flat fee. Please also be informed that it is a common practice for a family lawyer in the state of Texas to charge a retainer.

Dallas Child Support Attorneys

Divorce in Texas – taking care of the kids.

Divorce is never easy. It is an admission on one or both spouse’s parts that they did not manage to sustain a marital relationship. Often there is a lot of bitterness with one or both parties invoking blame and retribution on the other. This is particularly exacerbated where there are children involved. It is important for one’s interests to be represented by a skilled attorney well versed in Texas family law in divorce cases where there are minor children.

The whole area of family law to do with Child support, custody, visitation rights is a major area of practice for Dallas Family Law Attorneys.

In Texas “conservatorship” is the name given to define what rights and duties the parents have after the finalization of divorce. Despite what bitterness there may exist between the spouses the interests of the children are actually paramount. Thus in the vast majority of divorce settlements there will be parental rights and duties awarded to both parties. This is known as “Joint managing conservatorship”.

The actual residence of the children is also usually awarded to one parent and usually the mother. Nevertheless the other spouse will still have visiting rights and the right to be regarded as the parent. It is only in cases where the one parent is shown to be irresponsible or impaired as a parent, such as being an abuser of alcohol, drugs or being physically violent that this is overturned.

This visitation and parenting is an area of great potential conflict. Bitterness and anger plus fear and insecurity are some of the emotions that have to be dealt with. Nevertheless it is in the children’s interest that these matters be agreed and adhered to as amicably and as fairly as possible. Family Law attorneys will all deal with issues such as this often. It is strongly advisable that their counsel be followed to help the children cope with the trauma of their parents separation.

Conservatorship is but one aspect of family law, the next of course is the financial support. It should be emphasized that support may equally be sought for a child born out of wedlock. There are many cases of mothers pursuing, and winning child support from fathers of children resulting from extra marital encounters. In these cases paternity must be shown in Texas law.

There is a set “Tariff” or rate for child support laid down in Texas law. If the party has children from one marriage that has ended child support will be determined as a percentage of their “Net resources” in other words everything they might have which has value as an income. 20% for 1 child up to 40% for 5 or more. If there are children from other relationships the calculation is more difficult.

Child support ends when the child reaches the end of secondary education or the 18th birthday whichever is the latter. In all matter of child support knowledge of both parents rights and the amount due for the care and upbringing of the children is crucial. For this reason it is advisable that a firm of Family Law attorneys be appointed to represent the client and look after their interests.

Is it Time for a Divorce

Most of us enjoy fulfilling love from different relationships all through our lives. However, no love can be comparable to marital love that adults are entitled to. This love is unique for it is a homogenous blend of respect, admiration, acceptance, friendship, trust, faith and the need to feel special. Such an atmosphere of love and desire is conducive to a healthy and fulfilling married life.

If either of these is absent from a marriage, the couple should work at fulfilling that particular deficiency.

Lack of Respect

Respect for the marital spouse is the foundation stone for a strong marriage. Lack of it is signified by both, verbal and non verbal communication. Even a simple gesture like an upward eye roll indicates non acceptance and respect denial, lack of caring and aggressive behaviour. This simultaneously induces defensive and negative behaviour from the spouse which in turn aggravates hostility.

A more serious breach of respect is the verbal onslaught and physical and emotional abuse by the marital mate.

Physical Abuse

Physical abuse comprises shoving, slapping, punching, kicking or strangulation. Physical abuse should never be tolerated. The partner might use such acts of intimidation for controlling the spouse or resorting to such behaviour pattern might have been a habit learnt from childhood. Whatever may be the inducing reasons, such negative behaviour jeopardise safety of all the other family members.

Emotional Abuse

Verbal abuse is more serious than physical abuse and people often tend to ignore it for the mere lack of physical symptoms and the fear of not being taken seriously. But, it is much more serious than physical abuse for it leaves an injury on the soul of a person. The abused, loses self respect, courage, self confidence, rational thinking and lives life in self doubt.

Like the eye roll, the very first act must be met with defiance. The partner must be indicated the non acceptance of such behaviour. It should be put an end to before it becomes strong enough to destroy the marriage. If the spouse fails to end aggressive behaviour, needless to say the marriage has to be terminated.

Lack of Trust

Adultery is common and more than 30% of men and 25% of women have indulged in adultery at least once in the span of their marital life. And 65% of adultery episodes terminated marital life. Adultery, as is commonly believed does not occur just for sexual fulfilment. Men have the inherent desire to be loved, respected, admired and have peace at home. These propel a man towards higher achievements. And women desire to be sincerely loved, and love financial and familial commitment from their men. The desire to feel protected is a primeval instinct inherent in every woman.

Non fulfilment of either need drives people toward adultery. The erring spouse soon loses the trust of the aggrieved partner. Both adultery and lack of trust can be easily dispelled before they damage the relationship between spouses. Counselling is a must to help partners get rid of such tendencies. Once either spouse realises what is lacking in a relationship, fulfilling that inadequacy is not difficult. Yet, if each chooses to ignore the needs of the other, then divorce might be the only solution.

The Impact of the Proposed Legal Aid Changes

Justice Secretary Ken Clarke has been laying out proposals for changes in legal aid that will limit the types of cases where legal aid is available, therefore savings significant costs. Currently over 2 billion a year is spent on legal aid in the UK, an amount that is more than ten times that of France. Areas where legal aid will no longer be available will include claims against hospitals, doctors and schools, immigration, benefit and employment disputes and family law cases. Also in the proposals is that fees for legal aid solicitors will be cut by 10%. It is being seen by supporters as removing legal aid where it is being wasted but keeping it where it is really seen as necessary, while critics say that it will mean the poorest members of society will in some cases be unable to get justice.

So, what will be the impact of these changes should they go ahead?

One area of law that has significantly increased over the last decade is no-win no-fee suits. Currently the costs, and therefore solicitors fees, are recovered from the losing side. This is something that will no longer be possible.

In most cases legal aid will no longer be available in cases against public institutions such as doctors, hospitals and schools. Cases that will be affected will include those seeking legal action after medical mistakes. With regard to schools it is likely to limit the number of accident claims and appeals against school entrance. Some would argue that not being able to take legal action for genuine accidents is a good thing while other say it means that institutions will no longer be held responsible for a lack of care.

Family Law is seen as an area that will be impacted most by these proposed changes. Half of the total money saved will happen in the area of family law alone. Legal aid will still be available in cases that involve domestic violence, forced marriage and child abduction, but in a relatively straight forward case it will not be the case.

In general it is expected that the number of so called minor legal disputes will be less commonplace. This is something supporters see as a major plus points, on top of the obvious fact that it will save public money. The changes may put to an end (to an extent anyway) the increasing culture of looking for blame to profit from unfortunate situations, such as minor accidents. Some see certain cases as people taking advantage of legal aid where they would not pursue the case if they had to pay for it themselves, even if they could afford to. This will therefore reduce unnecessary legal action.

There are, of course, potential problems. Some are worried that the less well off will suffer unfairly, that there will be situations where people will not get justice where someone better off, and able to afford legal advice themselves, will be able to carry a case forward. It could also lead to irresponsibility with businesses, organisations and individuals held less responsible for their actions.

Andrew Marshall (c)

The Seven Deadly Sins Of Divorce

SPEAK OUT OF TURN DURING COURT. Each judge has a system, and that system is their way of maintaining orderliness in their courtroom. Honor the system, or you may damage your credibility with the judge.

#6 ASSUME YOUR SPOUSES SILENCE MEANS AGREEMENT. A woman left her soon-to-be ex-husband a voicemail, telling him she would not sign the Agreed Decree for divorce because its terms were unfair. She requested extra time to file a response. Although her husband did not return her call, she was absolutely certain he would grant her the extra time.

Instead of granting her the extra time, her husband proceeded with forging the womans signature on the Agreed Decree, hoping it would be finalized and he would be able to enforce its unfair terms against the woman.

What is the point of this story? Do not assume your spouses silence means he/she is in agreement with you.

#5 FAIL TO FULLY RETAIN YOUR DIVORCE ATTORNEY. Your divorce case will be fact-intensive and will involve time. Once you get to the half-way point of the divorce process, your attorney will be intricately involved.

Fully retain your attorney, or you may have to find a new attorney, which would set your case back significantly.

#4 USE PROFANITY IN THE COURTROOM. Inside of the courtroom, there is a high level of decorum that the judges bailiff, the judges clerk, and the judge himself will expect you to honor. Refrain from using profanity in the courtroom.

#3 HOLD YOUR CHILD FOR RANSOM. You may have heard of a case like this: Per a Temporary Agreement, mom has custody of her six-year-old son, and dad, who lives out of state, gets him during school breaks and holidays. Everything goes okay until the end of Christmas break, when dad fails to show up at the agreed-upon meeting point to return son to mom. Dad wont return moms frantic phone calls. Dad calls mom the next day, saying son will be living with him, and if she wants to see him again, she will have to agree to new terms.

At the point when dad uttered those words, he committed Contempt of Court. Withholding your child from your spouse in exchange for more favorable terms is against the law and will be punished. Do not hold your child for ransom against your spouse!

#2 DO SOMETHING DRASTIC. Here is a checklist of “drastic” mistakes spouses sometimes make:

Leave a voicemail, or send an e-mail or note to your child, bad-mouthing their mom/dad.

Bribe your child (candy, an X-box 360, etc.) so that the child will tell the judge he wants to live with you.

Hide, or ask a friend to hide, your marital assets.

Hire a friend/co-worker to spy on your spouse.

Forge signatures/documentation.
When in doubt about the proper action, always ask your divorce attorney.

#1 LIE TO THE JUDGE WHILE UNDER OATH.

Boca Raton Family Law Lawyers Scott J. Brook ends term as Head of Coral Springs, FL

Boca Raton Divorce Lawyers Scott J. Brook completes tenure as Mayor of Coral Springs, Florida Thank you citizens! Now that my tenure is complete, I will have more time available for my Coral Springs Divorce Lawyer clients. Thank you for making my job so easy along with satisfying. I get liked staying Your current Gran. I get liked each of our espressos, each of our guides, each of our tells you, each of our get togethers, each of our result, in search of alternatives jointly a whole bunch more. We are in an exceptional, endowed group. We get many people that will love people, accomplish for some individuals, you are not selected and in addition have a go at our own authorities. Thank everyone regarding whatever you caused by boost our own local community.

My partner and i give thanks to my own many other staff, my own predecessors, my own Percentage fellow workers causing all of my own Committee associates regarding furthermore creating my own career the most effective I have ever acquired. I feel happy that most on the Commissioners have frequent work hours, that any of us employ a sturdy Federal Citizens Panel (this CIGC) therefore we employ a Federal academia in addition to Youngster Politics Community. We include one among the most competitive place a burden on premiums from the Talk about, an incredible well being in addition to fantastic educational institutions in this process. Certainly, you will discover troubles onward. I was self-assured our brand-new Payment along with each of our brand-new Area Boss, Erdal Donmez, in addition to a wonderful crew can destroy these kind of issues knowning that each of our community overall economy can recovery.

Only get forgotten about your reputation if we discover the other, remember to eliminate us. I we do hope you think We’ve offered absolutely to you personally and also for a assumption with “government” and also “politics.” Thank people just as before for any right with preparing people for up to Nine years. Feel unengaged to remain active in my family during and also by way of dialing my family during 954-757-5551. I works for all of our Young adults Project Compel plus dream to often be fitted so that you can work all of our Global financial Progression Cornerstone. I believe, I’ll spend more time with my personal caring loved ones, spend more time upon my personal regulation exercise last but not least complete composing my personal guide upon making work/family stability!

Thanks The City with regard to permitting me personally to possess this particular column. Thank additionally you to any or all associated with my personal kids for the assistance as well as knowing many of these many years. Finally, to my wife, Brenda, I cannot thank you enough for the sacrifice you have made and the love you have given me and our children which has allowed me to serve our community.

It has been a great ride!! By the way, NO HURRICANES during my tenure as Mayor! I wish you all well.

With Appreciation,

For info about my, check out our site at Elect Scott J. Brook to FL House of Representatives District 96 in 2012.

The Why and How about a Prenuptial Agreement

Before marriage, couples often shy away from discussions of money, and their reluctance is understandable: Finance and romance seem mutually exclusive.

In fact, however, bringing financial issues into the open can be healthy, and it can be done without a full-scale return to the days of arranged marriages and fiercely negotiated dowries. Today, a couple can enter into a prenuptial agreement before the wedding, and that agreement will govern a wide range of financial matters in the future.

What can you put into a Prenuptial Agreement?
A prenuptial agreement can cover a wide range of financial matters both during and after the marriage.

You can use a prenuptial agreement to specify whether some property individually obtained during the marriage will remain the property of one spouse and will not be treated as community property.

You can keep property, including property that might later be acquired by inheritance, in one spouses family.

You can limit one spouses liability for the debts of the other spouse.

You can define your respective financial responsibilities during the marriage, separating responsibility for household expenses, specifying how bank and credit accounts will be handled, and determining how taxes will be filed.
You can make provision for a spouses children from a previous marriage.

You can decide how property will be divided in the event of divorce and, in some jurisdictions, whether alimony will be part of the divorce settlement.

The precise answer to the question “What can you put into a prenup?” varies from state to state, but its fair to say that almost anything that is otherwise legal can be included, except for an agreement that defines the terms of support for the couples children.

How do you get a prenup?

The hallmarks of a valid, enforceable prenuptial agreement are disclosure and fairness. Unless both parties disclose all relevant details of their finances, the agreement is readily challenged, and it makes good sense to provide that information well in advance of the wedding day. The party receiving that information should have enough time to understand its implications. When information is provided at the last minute, a prenuptial agreement lawyer can argue that it was tantamount to receiving no information at all.

Demonstrating the requisite degree of fairness does not necessarily require that the agreement be fair by some particular standard. It does, however, necessitate the involvement of legal counsel. Each spouse must be provided with his or her own prenuptial agreement lawyer, someone with undivided loyalty to the individual, not to the parties as a couple.

The question “How do you get a prenup?” is only part of the ultimate question. In order to arrive at a prenuptial agreement that works, one that is valid and enforceable, both parties must put their cards on the table and each must have separate legal representation.

Property Division, Real-Estate, & Washington Divorce Law

All property division pursuant to a divorce in Washington state starts from the simple premise that all assets accumulated during the marriage will be presumed to be “community property” and split 50/50. But in practice the 50/50 split often does not end up being the result because of such legally cognizable factors as: the earning power of the parties upon termination of the marriage is highly unequal, one party made the entire down-payment, the property came by inheritance, and quite a few others. Often time this arises in shorter marriages where the parties have acquired a piece of real-estate. So how does one answer this question?

The mortgage rule is a legal tool used to characterize property acquired, using both community and separate funds, over a period of time. Harry M. Cross, The Community Property Law in Washington, 61 WASH. L. REV. 13, 39-49 (rev. 1985). The mortgage rule examines whether both parties concerned were obligated to make payments in order to retain ownership of the disputed asset. If there was no such continuing obligation, then the character of the asset is retrospectively determined to be proportionate to the ratio of separate and/or community funds used to acquire the asset. Absent a continuing obligation, the character of the property is retrospectively determined to be proportionate to the ratio of separate and or community funds used to acquire the property It is precisely this mortgage indebtedness that itself constitutes a contribution to effect the final determination of what proportionate share either party should be entitled to. If the other spouse signs the promissory note they become liable to the bank and later third parties for repayment. Even if that party had low income and no assets to secure the loan it is still a contribution. If separate funds are used to make a contribution and are traceable a lien for the down-payment amount could be found but only to that extent of that separate contribution to the down payment. However, In Re Hurd changes this slightly in that the separate character of a cash down payment can be transformed into community property by titling the home in both parties names. (Thus we see some significance in whose name an item of property actually stands.)

This includes such assets as the appreciation of retirement plans that were purchased before the marriage. The value of such an asset must be analyzed to determine what portion grew or accumulated during the marriage and the value prior to the marriage.

Washington state divorce law purposefully vests a substantial degree of leeway to the Judges hearing your case (and I say Judges because the Commissioners only deal with pre-trial issues, modifications, and contempt; they can’t divide the equity in your home or business). Carefully planning from the start of your case is necessary to develop the evidence needed in property characterization. It also gives the attorney time to become familiar with what both parties real financial futures might look like upon final dissolution of the partnership. This is especially important where one is not dealing with a trivial amount of assets, or if you feel your spouse has a significantly higher earning potential.

Division of real estate under Washington state divorce law can also be made not in accordance with whose name is on the title to the property. Whose name the property is titled in, does not settle the matter conclusively but may be considered by the judge among other factors as possible indicia that the parties wished to make it separate.

Collaborative Divorce — breaking up doesn’t have to mean breaking the bank

The collaborative process, started by Minneapolis family lawyer Stuart Webb in 1990, provides alternative dispute resolution using a team of professionals working jointly for the couple, rather than in adversarial roles. It is just now hitting the radar screen in Illinois, where practitioners estimate that about 300 divorces have been handled this way in the last several years. The state averages about 35,000 divorces a year, records show.

Both parties agree not to enter litigation. Couples often hire attorneys trained in collaborative law and bring in shared accountants, financial planners, business valuation experts, child psychologists and even life coaches to help the couple. Unlike impartial mediators, the attorneys can advise their clients as advocates.

Proponents say it dramatically cuts the tension–and the costs–involved in traditional contested divorces.

There are skeptics, however. Among the critics are those who say the peacefulness of the process encourages divorce and attorneys who say the best representation for any divorcing spouse is a vigorous offense.

Participants in a collaborative divorce sign documents promising to disclose all assets, and their attorneys agree to walk away from the case if the parties end up going to trial.

An average contested divorce can run about $30,000, but it’s not uncommon for some to reach six figures, attorneys say.

Collaborative costs vary widely, depending on the number of professionals involved and the number of meetings it takes for spouses to agree on a settlement. Collaborative attorneys estimate that most of these cases settle for half to a third of what their bill would have been with a court battle. Settlements must be reviewed and approved by a judge.

Costs ranged from $5,000 to $21,000, representing as high as 15 percent of annual household income.

Even friendly divorces come with costs that reach beyond the courtroom, however, and women especially tend to feel the strain. Divorce Magazine reported the drop in standard of living for women after divorce was 45 percent in 2000. About 20 percent of people filing personal bankruptcy had been recently divorced, according to Harvard University law professor Elizabeth Warren, who has studied families in dire financial straits since 1986 and who is considered one of the leading national authorities on bankruptcies.

Your staff: In addition to consulting attorneys, divorcing couples are turning to specialized financial planners to run living cost estimates, decide the value of family businesses and prepare investment return projections on proposed settlements.

Typically these are accountants, certified financial planners or other financial advisers who offer a specialized divorce practice. Someone who has a Certified Divorce Financial Analyst designation has also taken a self-study course and completed four exams related to divorce finances, but be sure to inquire what other credentials he or she has. Training is done through the Institute for Divorce Financial Analysts in Southfield, Mich. (800-875-1760).

If you’ll need help valuing assets or a business, or suspect your future ex may be hiding money you also may need to contact a forensic accountant.

If you are the primary breadwinner but are considering a lower-paying job as you go through the divorce transition years, tread carefully. Some judges will require you to maintain your family’s previous standard of living. A judge may rule you’re more than capable of a high earning power and decide to award less alimony.

Your portfolio: If you think you’ll have to draw down some retirement money to cover expenses in the first few years of divorce, do it sooner rather than later, this way you can take a distribution at the time of divorce without a penalty,

Your tax return: Be sure to consider the tax consequences of your divorce settlement. The more money a primary breadwinner doles out as alimony instead of child support, the more he or she can deduct from income, experts say. The spouse receiving the alimony will have to pay income taxes on the money, but usually it will be at a lower tax bracket. Child support, on the other hand, isn’t deductible from income.

Orange County Auto Accident Lawyer

If you or someone in your family has been injured in an auto accident, you may have asked yourself, “Do I need a lawyer?” Mashney Law Offices attorneys stand ready to represent you.

It is a common and often costly mistake to assume that because you have insurance coverage you will not need or benefit from legal advice from a lawyer experienced in personal injury.

Insurance companies know that few auto accident victims are familiar with auto accident law, proper auto accident injury care, or the details of their own insurance coverage.

The majority of insurance companies have a list of doctors with whom they work. These defense doctors have an interest in maintaining a lucrative working relationship with the insurance company, an interest that may not align with an accident victims best interests, care, and legal rights.

In such situations, some defense doctors may minimize the severity of an auto accident victims injuries. Insurance companies may attempt to disallow some types of treatment in favor of less expensive and less effective treatments in order to reduce their costs. Even in accidents cases involving serious or catastrophic injury, an insurance company almost always disputes the cause of the injury and the necessity and extent of medical care continuing into the future.

Injured auto accident victims who attempt to negotiate without the benefit of legal advice from a licensed and experienced personal injury lawyer, after they have provided the insurance company with a recorded statement and been seen by an insurance company approved doctor, often discover that insurance companies are more interested in receiving premiums and in minimizing the costs necessarily associated with claims than with paying the claims of injured auto accident victims.

The injured victim of an auto accident may be wise to think carefully before attempting to negotiate with an insurance company on his/her own. The expert advice of the lawyers of Mashney Law Offices, experienced in auto accident and personal injury law, can be of great benefit to an auto accident victim.

In California as in most other states, if you are involved in an auto accident, fault and liability must be determined before an insurance company will make a settlement payment. Fault and liability refer to responsibility. The individual who caused the accident through carelessness or negligence is at fault and is liable for any property damage and personal injuries that result from an auto accident. Liability may be shared in situations in which more than one person is at fault. Each individuals settlement is likely to be based on his or her share of fault.

Auto insurance companies have deep pockets and teams of experienced and tricky claims adjusters and defense lawyers whose job it is to see that you get as little compensation as possible, a minimum payment, for your auto accident claim.

If you do not agree with an insurance company determination, Mashney Law Offices attorneys can file a lawsuit to recover additional damages, either for monetary damages, such as lost wages, or non-monetary losses, such as emotional distress, pain, anguish, loss of consortium, etc. Mashney Law Offices auto accident and personal injury attorneys have the knowledge, skill, ability, experience, expertise, and resources to represent you in your dealings with insurance companies.

Mashney Law Offices will work hard to see that you get the best settlement ethically and legally possible to compensate you for the damages, suffering, and losses you have incurred. For more information regarding auto accidents please visit