Family and Criminal Law Blog

Latest from Family and Criminal Law Blog

Going through a divorce can be difficult enough in and of itself. To know that you also need to be looking ahead to post-divorce life in order to best protect yourself and your well-being as you start off on a new chapter in your life can be overwhelming. One of the considerations you should be keeping in mind as you navigate the divorce process is that there can be significant tax consequences of divorce. These consequences can include far-reaching impacts on your financial well-being and so you should take care to consider the tax consequences of your divorce agreement. Tax…
Have you heard of hearsay? Many have as it is an objection commonly proclaimed and featured in legal dramas in films and novels alike. While you may have heard it asserted with conviction on your favorite TV show, what exactly does it mean? Hearsay refers to a prominent rule of evidence and can be important in a criminal trial. We will talk more about it here. What Is Hearsay? Hearsay is defined as an out of court statement made to the truth of the matter asserted. In other words, if a witness relays a statement made out of court…
Adoption has greatly evolved over the years. In the past, closed adoptions were pretty much the norm. A birth parent would place a child up for adoption and ties would, essentially, be severed. Through the years, this has left adoptees with many questions that will often go unanswered. Especially troubling can be the fact that adoptees in closed adoptions will have limited to no access to their family medical history. Because of some of the central issues that can be tied up in closed adoptions, more and more adoption advocates have been pushing for open adoption to become the norm.…
Did you know that everyone convicted of a crime in a Texas court is entitled to appeal? The clock on this right, however, begins to tick right away and a person wishing to appeal a conviction only has 30 days from the date of conviction to file the notice of appeal. Should this notice not be filed before the 30-day window has passed, the right to an appeal may be lost. In the case of a death sentence, the appeal goes to the Court of Criminal Appeals. In all other cases, the appeal will go to the Court of Appeals.…
It is no secret that many financial issues end up paving the way for divorce. Just as common, if not more so, are the financial difficulties people face after divorce. Going from a two-income to a one-income household, having to sustain costs of living on your own, and adjusting to all of this can be very difficult. Spouses who have been ordered to pay alimony, or spousal support, may also find these payments difficult to include in making a manageable budget. If your former spouse has been ordered to pay you alimony, but is having financial difficulties and on…
Have you been charged with driving while intoxicated in Texas? A DWI charge is a serious matter. Conviction of DWI can mean large fines, a suspended driver’s license, and a criminal record that can jeopardize job and housing prospects. In fact, for a first offense alone, fines can reach up to $2,000. You can be sentenced to jail time for 3 to 180 days. You can lose your driver’s license for up to a year as well as being required to pay an annual fee of $1,000 to $2,00 for 3 years to retain your driver’s license. The stakes are…
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.…