Navarrete & Schwartz, P.C.

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Way back when, a divorce in Texas would only be granted for certain, specified reasons. To seek a divorce, a spouse had to both allege and prove one such specific reason to get a divorce. Should he or she be unsuccessful in proving the alleged reason for seeking a divorce, then the divorce would be denied. This is what is still referred to as a “fault divorce.” A legally recognized form of the fault must be asserted and proven in order for a divorce to be granted. You can still seek a fault divorce in Texas, although no-fault divorce is…
A burden of proof is a legal standard. It is the legal standard that requires parties to a case to demonstrate that a claim is either valid or invalid, a criminal charge justified or not justified, based on the facts and supporting evidence presented. In order to be successful in proving or disproving a legal claim, a party must meet its burden of proof. The burden of proof in criminal cases is rather notorious. The “beyond a reasonable doubt” standard is prominently featured in legal tv and movie dramas as well as legal thriller books. What the burden of proof…
Divorce can mark a significant change in a person’s life. After divorce, however, life does of course continue to change. Can post-divorce life changes impact issues that were decided on during divorce proceedings? In certain instances, yes, they can. It will greatly depend, however, on what divorce issue you are referring to as well as what life changes would possibly merit reevaluating a previously resolved issue. Most commonly, people want to know when it might be possible to modify child support or alimony. For instance, if you go on to have more children after divorce, can you go back to…
Do you know what a hate crime is? The federal government and 49 states have hate crime laws in place. Wyoming is the only state without a hate crime law in place. While some states address a hate crime as a separate offense, others handle hate crimes as an aggravating circumstance to a separately specific crime. The Hate Crimes Prevention Act of 2009 is the federal hate crimes law. The central purpose of this piece of legislation was to provide funding as well as technical assistance to state and local jurisdictions to promote the investigation and prosecution of hate crimes.…
If you have considered getting a divorce, you may have seen the terms “fault” and “no-fault” come up in any initial research you may have done. Divorce is a complicated area of law, a highly personal one, and one that can have profound impacts on the personal and financial future of anyone who goes through it. Divorce can be the best choice for a person and a family. To help you learn more about the process, we will go into the details surrounding the definitions and differences between fault and no-fault divorces. What Is the Difference Between Fault and…
In a Texas divorce, marital assets are subject to equitable division. Marital assets are considered to be, with certain exceptions, those acquired, those that gained in value, or those that both spouses contributed to building during their marriage. This can include a business. If you are a business owner and are in the midst of a divorce, you may very well be concerned as to whether your soon-to-be former spouse will be entitled to half your business. Is My Spouse Entitled to Half of My Business? Because Texas is an equitable distribution state, a court, during the division of…
Have you been charged with a crime in Texas? If so, you potentially face harsh penalties including incarceration, fines, community service, and probation. Depending on the severity of the crime with which you are charged, you can face other penalties as well. In Texas, there are misdemeanor offenses and felony offenses. What, however, are the differences between these two central categories of crimes? We will discuss the answer to this question in more detail here. What Is the Difference Between a Misdemeanor and a Felony? A misdemeanor is considered to be a less severe criminal charge than a felony offense.…
Whether expected or unexpected, having your spouse directly inform you that he or she wants a divorce can send you reeling. Even saying the request out loud can feel like a marked change has fallen over your relationship. If your spouse has asked for a divorce, it will likely take a minute to compose yourself. Focus as best as possible and then take concerted steps to protect yourself. My Spouse Wants a Divorce—What Do I Do? If your spouse wants a divorce, but you think the marriage can still be saved and you want to save it, then you…
In the criminal justice system, it is all too common for defendants to feel isolated. Facing a criminal charge can be a lonely and stressful experience. Having a trusted attorney by your side can bring a sense of control and anchoring when you may otherwise feel completely free floating in chaos. The law recognizes the importance of the attorney-client relationship. It even goes further than this by recognizing that a solid, honest relationship between an attorney and a client can be critical to the attorney being able to most effectively represent his or her client. That is why the…
Whether you are a defendant, witness, or some other party involved in a pending criminal trial, the entire process can seem foreign and overwhelming. This is obviously truer for the defendant than anyone else. If you have been charged with a crime, you likely feel as though you are in uncharted territory and, at the same time, you may know how much is at stake. The unknown combined with knowing how your life can change if that criminal charge becomes a criminal conviction can be crippling. Here, we will go over some of what happens in preparation for a criminal…