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Dallas, Texas Family Law Blog

Will the courts force you to split your pension in a divorce?

When you get divorced, most of the assets that you share with your spouse or that you acquired during the marriage become vulnerable to division. Unless you have a legally valid prenuptial agreement on record that protects certain assets as separate property, most everything you earned and acquired during marriage will be subject to division under the community property laws that guide divorce in Texas.

Many people don't understand that community property means everything owned or earned during marriage, with the exception of assets you held prior to marriage or acquired through inheritance. Even assets that you hold solely in your own name can wind up split in a divorce. That includes your pension, even if your spouse never contributed a cent to it.

How to seek an expungement of your Texas criminal record

Even if the charge is minor or from decades ago, a criminal record can have a profound impact on your professional career. A pre-exisiting charge can make it difficult to get great jobs. Even if you wind up charged with a crime well after you've established yourself in your profession, your criminal record could make it harder for you to secure a promotion or move to a better job with a different company in the future.

Simply having a criminal record doesn't mean that you should give up on your professional aspirations, as just because you have had a run-in with the law in the past doesn't mean you'll have similar issues in the future. Instead, it might be wise to consider whether an expungement is an option in your case.

Medical conditions police could mistake for signs of intoxication

When people get behind the wheel drunk, they are at a significantly increased risk of causing a crash that injures them or someone else. Unfortunately, that risk alone isn't enough to deter people from drinking and driving. Law enforcement officers have to actively patrol to check for those driving under the influence to help keep the roads safe. They pull people over based on driving and then perform field sobriety and chemical testing as necessary.

As with many aspects of law enforcement, identifying drunk drivers depends on an officer's understanding of averages and typical bodily responses. Obviously, impairment and intoxication are different for different people. What may leave one person drunk or incapable of driving may barely affect someone else. It is also possible for a person to have symptoms or conditions that look like the stereotypical warning signs of impairment.

Can police take your blood without your consent after arrest?

Chemical evidence often plays a crucial role in the state's case against alleged criminals, particularly in cases stemming from allegations of impaired driving. It's no wonder then that those worried about potential criminal charges, especially driving while intoxicated (DWI) offenses, may not want law enforcement officers to test their breath or take their blood after an arrest.

During an impaired driving traffic stop, officers typically ask people to allow a chemical breath test. When a driver refuses a breath test, officers often treat that as a reason to suspect impaired driving. Additionally, that refusal is a violation of the state implied consent law that mandates that anyone driving on public roads allows officers to perform a chemical impairment test if they reasonably suspect someone is under the influence.

High school students can face charges for bullying, even online

Bullying was once treated as an unavoidable rite of passage for the average American student. However, both social attitudes and laws about bullying have changed drastically in recent decades.

With suicide now among the top causes of death for adolescents and teenagers in the United States, lawmakers and policymakers have good reason to crack down on bullying, which is often linked to depression and suicide in teenagers. Under Texas law, students that bully another student on school grounds can face both penalties at the school for their actions and legal consequences if their behavior violates state law.

Will your ex's affair have any impact on your Texas divorce?

You promise to honor and love your spouse until death as part of your marriage vows. While you may have taken that promise seriously, not everyone does. It can be very difficult to learn that the person you committed to has violated the trust you placed in them. Quite a few marriages end because one spouse chooses to develop an intimate relationship with someone else.

Occasionally, people can work through infidelity, sometimes through the use of counseling or other times by signing a postnuptial agreement that creates penalties for the unfaithful spouse if they cheat again in the future. Regardless of what reaction you have and what attempts you make to save your marriage, sometimes it simply isn't possible to do so.

Dependence on pain pills can lead to serious legal trouble

For many people dealing with addiction to opioid painkillers, the problems started innocently enough. Often, people struggling with addiction started out taking a medication as prescribed by their physician. However, when their symptoms began to get better, they found that transitioning off of their medication proved to be far more difficult than they originally anticipated.

These individuals may find themselves with a number of unpleasant options available to them. They may go to a prescription mill run by a physician who hands out painkillers like candy. They may also try to shop for a better doctor, going around and getting prescriptions from as many physicians as they can.

Things to consider when asking for a prenuptial agreement

Even if you know that asking for a prenuptial agreement is a good idea, actually bringing this topic to light is a challenge. As you inch toward your wedding day, the last thing you want to do is give your partner the impression that you're already thinking about divorce.

There are a variety of steps you can take to ease the tension when asking for a prenuptial agreement, including the following:

  • Don't issue demands: If you feel strongly about a prenuptial agreement, it's natural for you to nudge your partner in this direction. You don't want to issue demands or come across as overbearing. You're best off having an open and honest conversation during which the both of you express your true feelings.
  • Talk about your fears: There's no point in keeping anything bottled up inside. For instance, if you're scared of divorce because your parents went through the process when you were young, explain this to your partner. Talking about your fears will help clear the air.
  • Don't let your emotions get the best of you: Asking for a prenuptial agreement is never easy, as it's hard to say how your partner will react. Control your emotions at all times, as becoming upset or angry will drive a wedge between the two of you.
  • Listen: Rather than do all the talking, take the time to really listen to your partner. Furthermore, if they have questions, do your best to provide an honest answer.
  • Don't cram it all into one session: You don't have to ask for a prenuptial agreement and work through the details all in one conversation. Once you have your feelings out in the open, take a step back so you both have time to process what comes next.

What to expect with second and third DWIs in Texas

If you're already been convicted of a DWI, you know there are a range of consequences. But did you know that with each conviction, the penalties get increasingly severe.?

Here is a summary of what you need to know about this, if you like to drink or know people who do.

Watch out for a spouse who gives away assets

When your spouse asks for a divorce, it may be a good time to take a look at your electronic bank statements. In particular, you want to watch out for any unusual financial activity. It could be that your spouse planned to ask for the divorce for a while and decided to act dishonestly in advance to hide assets.

Giving them away