Recent Blog Posts
How is Property Divided in a Texas Divorce?
Divorce can have a massive impact on spouses’ finances. If you are thinking about divorce, you may have questions about how your assets and debts will be divided. Will you get to keep your home? Which spouse will retain ownership of the vehicles? What about retirement accounts and investments? The answers to these questions are not always clear. That is why it is always a good idea to work with an experienced divorce lawyer to receive advice catered to your unique situation. Read on to learn about property division laws in Texas and how these laws may apply to your case.
Spouses May Reach an Out-of-Court Agreement on Property
Both spouses jointly hold property and debts that were accumulated during the marriage - with a few exceptions. Dividing property and debts is often one of the most consequential aspects of the divorce case. If you and your spouse are on relatively good terms, you may be able to reach your own property division agreement. Your lawyer may be able to help you negotiate a property division settlement without court intervention. However, you may need to consult with financial professionals such as appraisers and accountants to ensure that your property division agreement makes sense given your particular situation.
When Can Possession of Marijuana Lead to Drug Charges in Texas?
Marijuana has been a popular drug in the United States for decades, and for much of this time, it has been treated as a dangerous controlled substance. Attitudes surrounding marijuana have changed in recent years, and it has been legalized in multiple states. Because of this, residents of Texas may be unsure about how their state treats this drug and whether they may face drug charges for possessing marijuana. By understanding the state’s marijuana laws, Texans can be prepared to address any criminal charges they may encounter.
Possession of Marijuana in Texas
The state of Texas still considers marijuana to be an illegal drug, and a person who is found in possession of marijuana may face criminal charges. However, possession of small amounts of marijuana is a fairly minor offense in most cases. In cases involving less than two ounces of marijuana, a person may be charged with a Class B misdemeanor, and if they are convicted, they may be fined up to $2,000 and sentenced to up to 180 days in jail. Possession of between two and four ounces of marijuana is a Class A misdemeanor, and a conviction can result in a maximum fine of $4,000 and up to one year in prison. Possession of more than four ounces is a state jail felony that may result in between 180 days and two years in jail and a fine of up to $10,000.
What Are the Grounds for Divorce in Texas?
Excessive arguing, financial conflict, lack of commitment, and religious differences are just some of the reasons that couples get divorced. Marriages end for countless reasons, but when you get divorced in Texas, you will need to state one or more “grounds” or reasons for the divorce. There are seven official grounds for divorce per Texas law.
Fault-Based Divorce in Texas
The grounds for divorce vary from state to state. In Texas, a spouse can pursue a fault-based divorce or a no-fault divorce. Fault-based grounds include:
-
Infidelity, meaning that a spouse cheated on the other spouse.
-
Cruelty, meaning that a spouse intentionally treated the other spouse cruelly, perhaps through physical or verbal abuse.
-
Felony conviction, meaning that a spouse was convicted of a felony criminal offense and imprisoned for at least a year.
Understanding Your Right to Remain Silent After a Family Violence Arrest
Anyone who has watched a police drama on television is familiar with the phrase “You have the right to remain silent.” However, few people understand the magnitude of these words. When you are facing criminal accusations, staying silent and refusing to answer police questions is often one the best ways to increase your chances of avoiding conviction. This is especially true when you are facing accusations of domestic violence or another violent crime. A conviction for a domestic violence offense can dramatically impact your life. Asserting your constitutional right to avoid self-incrimination is crucial.
Declining Police Questions Until Your Attorney is Present
The U.S. Constitution gives criminal defendants certain rights. Among these important rights are the rights to avoid self-incrimination and consult with legal counsel. These are often referred to as Miranda Rights. Many criminal defendants grossly underestimate the importance of declining police questioning during an arrest or criminal investigation. Some defendants mistakenly believe that asking for a lawyer and then remaining silent will make them appear “more guilty” than if they freely answered police questions. Others assume that answering the questions honestly can only aid in their defense—especially if they are innocent of the crime that they have been accused of.
What Are the Possible Defenses Against DWI Charges in Texas?
The penalties associated with driving while intoxicated (DWI) charges vary depending on the circumstances of the alleged crime. If you were arrested on suspicion of drunk driving for the first time, you will likely be charged with a Class B misdemeanor. A first-time DWI conviction in Texas is punishable by fines up to $2,000, a driver’s license suspension, and a jail sentence of up to 180 days. Unlike many other states, Texas DWIs are punishable by a mandatory three days in jail. Second and subsequent DWI offenses are punishable by even longer jail sentences and higher fines.
If you were charged with drunk driving, it is important to start thinking about your defense. A criminal defense lawyer with experience in DWI cases can help you build a persuasive defense against the DWI charges using one of the following strategies or another approach according to the details of your case.
Is Your Spouse Lying About Assets in Your Divorce?
The division of a couple’s joint property is often one of the most significant aspects of a divorce, especially in high net worth divorce cases. Whether spouses are able to reach an out-of-court property division settlement or property division is decided by the court, the division of assets and debts should be based on accurate, current financial data. Unfortunately, some spouses attempt to sway the outcome of the divorce in their favor by lying about their assets and income.
How Spouses Hide Assets in a Divorce
To divide property in a divorce, both spouses must disclose detailed financial information. However, some spouses fail to tell the whole truth.
Some common tactics used to conceal assets or manipulate property division in a divorce include:
- Transferring money or property to another individual
- Physically hiding cash in a safety deposit box or other secret location