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Dallas, Texas Family Law Blog

How do you put a fair price on your business during a divorce?

Whether you built your company from the ground up or inherited from a family member, your ownership of the business matters to you. You may want to keep the business in your family long-term or could even have dreams of selling the company in order to fund your retirement. Those plans could easily go up in smoke if you wind up forced to liquidate the business or share its ownership with your ex as part of your Texas divorce.

If you want to protect your ownership interest in the business, you need to begin strategizing as soon as you know that your marriage is likely over. In many cases, a business you start or run during your marriage, particularly if you invest marital assets in it, may be subject to property division laws, which requires that you put a price on the business before you begin negotiating or litigating your divorce.

Accused of doctor-shopping? You can fight back

Once upon a time not so very long ago, patients could visit various doctors and obtain multiple narcotics prescriptions with little fear of the legal consequences. The practice became known as "doctor-shopping," and it greatly contributed to the flood of opioid drugs into Texas towns and communities.

In short, it was a great scourge on families who then had to cope with the damages wrought by a loved one's drug addiction. In 2012, the state legislature took action to combat the problem. Now, the Texas Department of Public Safety maintains a database of all prescriptions filled here in the state for drugs that are monitored.

Do you think dissipation has impacted your marital estate?

When you go through a divorce, you typically have to either agree to terms before filing for an uncontested divorce or provide documentation to the courts regarding your marital assets so that the courts can divide those possessions and debts on your behalf.

In both outside negotiations, such as mediation, that lead to uncontested filings and contested divorce proceedings in court, accurate and thorough knowledge of your marital estate is critical to securing a fair outcome.

Is your prenuptial agreement ready for divorce?

Divorce is rarely a simple or easy process, no matter where a couple lives. In Texas, community property laws can make property division a frustrating experience, even for couples who are motivated to resolve conflicts fairly and quickly. Community property law requires couples to divide marital property equally, but a strong prenuptial agreement can help relieve some of this tension.

If you face divorce in Texas and have a prenuptial agreement, you may have a more streamlined divorce than you would otherwise. However, if your prenuptial agreement contains errors or other weaknesses, this may create additional complications. As you move forward with the divorce process, be sure to examine your prenuptial agreement closely to identify potential problems before they occur.

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.