Thursday, April 14, 2011
Friday, March 11, 2011
@mediapost.com: The Leading Evidence Source in Divorce Cases is Facebook! BEWARE: Social Networking Sites & Law http://dld.bz/aePx http://amplify.com/u/bty4b
@cnnmoney.com: The Job Interview Top 10 myths! THE EMPLOYMENT AGREEMENT: important for you! http://dld.bz/brBA http://amplify.com/u/bty1i
@huffingtonpost.com: Charlie Sheen Lessons Learned For Your Child Custody Trial! Supervised Visitation in Texas: Part 1! http://dld.bz/u6PX http://amplify.com/u/btxwn
Friday, March 4, 2011
WHAT DO YOU THINK ABOUT THIS?? Westboro Baptist Church wins Supreme Court case for right to protest military funerals http://dld.bz/Q9WV http://amplify.com/u/bsutq
@washingtonpost.com: Unemployment Rate Dips to 8.9%: U.S. adds 192K new jobs in Feb! An Employer’s Perspective! http://dld.bz/b644 http://amplify.com/u/bsum1
Tuesday, March 1, 2011
@huffingtonpost.com: Don't Go to Divorce Court Without Reading This! Divorce Communication Traps and Client Myths! http://dld.bz/kftW http://amplify.com/u/bs755
@huffingtonpost.com: What about Non-residential fathers' contact with their Kids? Divorce Wars/Legal Strategies & Myths http://dld.bz/e7Ta http://amplify.com/u/bs6pb
@huffingtonpost.com "Non-Bio" Gay Dad Prevails in Texas Parentage Battle! Same-Sex Marriages in Texas! http://dld.bz/FzxK http://amplify.com/u/bs6cv
Monday, February 28, 2011
@huffingtonpost: Co-Parenting Before Conception? Think about it! My Children Are Main Priority: Effective Co-Parenting http://dld.bz/P2jr http://amplify.com/u/bs1wf
@huffingtonpost.com: US Banks, Improper Foreclosure Practice Punishment coming! Mistaken Foreclosure: Bank Disorganization http://dld.bz/5Ewv http://amplify.com/u/bs1sw
Thursday, February 24, 2011
@people.com: Hugh Hefner & Crystal Harris have June Wedding Date! Boomer Prenups: Sign Now or Ever Hold Your Peace! http://dld.bz/q8h4 http://amplify.com/u/brnor
@washingtonpost.com: Gay Rights Victory! Obama administration won't defend Defense Marriage Act! Same-Sex Marriages in Tx http://dld.bz/FzxK http://amplify.com/u/brngx
Tuesday, February 22, 2011
Defining Real Estate Documents (Property Deeds, Deeds of Trust, & Real Estate Lien Note (Promissor
A deed is a legal instrument that transfers a property right in real estate. The most common types of property deeds are as follows:
Quitclaim Deed
Warranty Deed
-Special Warranty Deed – with or without retained Vendor’s Lien
-General Warranty Deed
Deed Without Warranty
Other real estate documents discussed herein include:
Deed of Trust
Real Estate Lien Note (Promissory Note)
Deed of Trust to Secure Assumption
Quitclaim Deed
Quitclaim deed conveys any title, interest, or claim of the grantor in the real property, but it does not profess that the title is valid nor does it contain any warranty or covenants of title. Thus, a quitclaim deed does not establish title in the person holding the deed, but merely passes whatever interest the grantor has in the property.” Diversified, Inc. v. Hall, 23 S.W.3d 403 (Tex. App.–Houston [1st Dist.] 2000, pet. denied).
There seems to be some misconception that a Quitclaim Deed is a simple and inexpensive means of selling land or solving real estate problems. People are shocked to learn that Quitclaim Deeds are sometimes worthless in Texas.
Does this mean that a Quitclaim Deed should never be used? No.
Quitclaim Deeds can be useful in clearing title in some limited circumstances, such as when there is a question about whether a particular heir might have a claim to the property of an estate, or whether a person may have acquired title by adverse possession (“squatter’s rights”). However, in most cases it is preferred to use another kind of deed.
Warranty Deeds
The Warranty Deed is a legal document where the seller, or grantor, guarantees to the buyer, or grantee, that the real property being purchased is free from any mortgages, liens, or other encumbrances. If it is a general warranty deed, the guarantee extends back to the property’s origin. In contrast, if it is a special warranty deed, the seller only guarantees that there are no mortgages, liens, or other encumbrances while he or she has owned the property.
A warranty deed thus provides a method of transferring ownership or title in real estate that offers protection to the buyer. This is the case because the seller warrants, or guarantees, that he or she legally owns the property. An individual purchasing property or a bank lending money for the seller to purchase the property typically does not want to discover that the property has tax or mechanical liens or outstanding mortgages after the transaction is complete. If a seller provides a warranty deed and then the buyer later discovers an unpaid lien or other financial encumbrance, the buyer can seek legal action against the seller. Because sellers could die, have limited financial resources, or declare bankruptcy, real estate transactions involving warranty deeds often are accompanied by title searches and title insurance.
A Special Warranty Deed covenants to the buyer that the seller has not personally done anything to adversely affect the title being conveyed since inception of Seller’s title to the date of conveyance.
A General Warranty Deed covenants with the buyer that not only has the seller not personally done anything to adversely affect the title being conveyed, but neither has anyone else who has ever owned the property ostensibly as far back as the original Spanish land grants.
Deed Without Warranty
Another form of deed, which is neither a Quitclaim Deed nor a Warranty Deed, but rather something in between is a Deed Without Warranty. Like the Warranty Deed, a Deed Without Warranty uses the “grant, sell and convey” language to establish title in the buyer. Like a Quitclaim Deed, though, a Deed Without Warranty makes no warranties or covenants of title, so the seller has no liability for title defects. A Deed Without Warranty is rarely appropriate in a sale transaction; however, because it offers much greater protection to the buyer without any additional risk to the seller it should be considered as an alternative whenever a Quitclaim Deed might otherwise be used.
Other Real Estate Documents
Deed of Trust
A Deed of Trust is a deed wherein legal title in real property is transferred to a trustee, which holds the deed as security for a loan (debt) between a borrower and lender, e.g. home mortgage documents.
Transactions involving trust deeds are normally structured so that the lender gives the borrower the money to buy the property, the seller executes a Special Warranty Deed conveying the property to the Purchasor/Borrower, and the borrower immediately executes a trust deed conveying the property to the trustee to be held in trust for the lender. Trust deeds differ from mortgages in that trust deeds always involve at least three parties, where the third party holds the legal title, while in a mortgage, the mortgagor gives legal title directly to the mortgagee. In either case, equitable title remains with the borrower.
Real Estate Lien Note (Promissory Note)
A Promissory Note is a written promise to repay a loan or debt under specific terms – usually at a stated time, through a specified series of payments, or upon demand.
A promissory note will identify the parties, the amount of the obligation, some form of recitation of the consideration for the obligation (that is, what the debtor received in return for signing the note) and will usually include the terms of repayment, the interest rate which will apply, if any. It may also include an “acceleration clause” which will make the entire amount of the note due if a payment is missed.
Deed of Trust to Secure Assumption
A Deed of Trust to Secure Assumption is a second security trust document (or third or fourth, depending on how many prior liens are already in place at the time of a divorce or other assumption conveyance), which gives a party the right to take a home back if an ex-spouse or other party does not timely pay the mortgage. In this way, the Deed of Trust to Secure Assumption secures the ex’s obligation to assume the unpaid debt on the home
Quitclaim Deed
Warranty Deed
-Special Warranty Deed – with or without retained Vendor’s Lien
-General Warranty Deed
Deed Without Warranty
Other real estate documents discussed herein include:
Deed of Trust
Real Estate Lien Note (Promissory Note)
Deed of Trust to Secure Assumption
Quitclaim Deed
Quitclaim deed conveys any title, interest, or claim of the grantor in the real property, but it does not profess that the title is valid nor does it contain any warranty or covenants of title. Thus, a quitclaim deed does not establish title in the person holding the deed, but merely passes whatever interest the grantor has in the property.” Diversified, Inc. v. Hall, 23 S.W.3d 403 (Tex. App.–Houston [1st Dist.] 2000, pet. denied).
There seems to be some misconception that a Quitclaim Deed is a simple and inexpensive means of selling land or solving real estate problems. People are shocked to learn that Quitclaim Deeds are sometimes worthless in Texas.
Does this mean that a Quitclaim Deed should never be used? No.
Quitclaim Deeds can be useful in clearing title in some limited circumstances, such as when there is a question about whether a particular heir might have a claim to the property of an estate, or whether a person may have acquired title by adverse possession (“squatter’s rights”). However, in most cases it is preferred to use another kind of deed.
Warranty Deeds
The Warranty Deed is a legal document where the seller, or grantor, guarantees to the buyer, or grantee, that the real property being purchased is free from any mortgages, liens, or other encumbrances. If it is a general warranty deed, the guarantee extends back to the property’s origin. In contrast, if it is a special warranty deed, the seller only guarantees that there are no mortgages, liens, or other encumbrances while he or she has owned the property.
A warranty deed thus provides a method of transferring ownership or title in real estate that offers protection to the buyer. This is the case because the seller warrants, or guarantees, that he or she legally owns the property. An individual purchasing property or a bank lending money for the seller to purchase the property typically does not want to discover that the property has tax or mechanical liens or outstanding mortgages after the transaction is complete. If a seller provides a warranty deed and then the buyer later discovers an unpaid lien or other financial encumbrance, the buyer can seek legal action against the seller. Because sellers could die, have limited financial resources, or declare bankruptcy, real estate transactions involving warranty deeds often are accompanied by title searches and title insurance.
A Special Warranty Deed covenants to the buyer that the seller has not personally done anything to adversely affect the title being conveyed since inception of Seller’s title to the date of conveyance.
A General Warranty Deed covenants with the buyer that not only has the seller not personally done anything to adversely affect the title being conveyed, but neither has anyone else who has ever owned the property ostensibly as far back as the original Spanish land grants.
Deed Without Warranty
Another form of deed, which is neither a Quitclaim Deed nor a Warranty Deed, but rather something in between is a Deed Without Warranty. Like the Warranty Deed, a Deed Without Warranty uses the “grant, sell and convey” language to establish title in the buyer. Like a Quitclaim Deed, though, a Deed Without Warranty makes no warranties or covenants of title, so the seller has no liability for title defects. A Deed Without Warranty is rarely appropriate in a sale transaction; however, because it offers much greater protection to the buyer without any additional risk to the seller it should be considered as an alternative whenever a Quitclaim Deed might otherwise be used.
Other Real Estate Documents
Deed of Trust
A Deed of Trust is a deed wherein legal title in real property is transferred to a trustee, which holds the deed as security for a loan (debt) between a borrower and lender, e.g. home mortgage documents.
Transactions involving trust deeds are normally structured so that the lender gives the borrower the money to buy the property, the seller executes a Special Warranty Deed conveying the property to the Purchasor/Borrower, and the borrower immediately executes a trust deed conveying the property to the trustee to be held in trust for the lender. Trust deeds differ from mortgages in that trust deeds always involve at least three parties, where the third party holds the legal title, while in a mortgage, the mortgagor gives legal title directly to the mortgagee. In either case, equitable title remains with the borrower.
Real Estate Lien Note (Promissory Note)
A Promissory Note is a written promise to repay a loan or debt under specific terms – usually at a stated time, through a specified series of payments, or upon demand.
A promissory note will identify the parties, the amount of the obligation, some form of recitation of the consideration for the obligation (that is, what the debtor received in return for signing the note) and will usually include the terms of repayment, the interest rate which will apply, if any. It may also include an “acceleration clause” which will make the entire amount of the note due if a payment is missed.
Deed of Trust to Secure Assumption
A Deed of Trust to Secure Assumption is a second security trust document (or third or fourth, depending on how many prior liens are already in place at the time of a divorce or other assumption conveyance), which gives a party the right to take a home back if an ex-spouse or other party does not timely pay the mortgage. In this way, the Deed of Trust to Secure Assumption secures the ex’s obligation to assume the unpaid debt on the home
See this Amp at http://amplify.com/u/brd00
Monday, February 21, 2011
Some Help for Underwater Business Properties from SBA! http://dld.bz/NWEJ Your business real estate in trouble? Something to look into..... http://amplify.com/u/br6pg
@tmz.com: FEES MUST BE PAID NOW! Oksana's $15 Million Lawyer Sues Her! Why is This Divorce Costing So Much? http://dld.bz/Nprm http://amplify.com/u/br6hp
@huffingtonpost.com: Involved In A Never Ending Divorce? Know About Texas Divorce & How Long It Takes to Get Divorced? http://dld.bz/NVX4 http://amplify.com/u/br5xj
Friday, February 18, 2011
ARE YOU THINKING ABOUT WHAT HAPPENS IF YOU DIE WITHOUT A WILL IN TEXAS? http://dld.bz/ygny What about your family? http://amplify.com/u/bqsb4
@OMG.com: Why Mel Gibson's Ex Girlfriend Turned Down $16 Million? I Need A Dad: Fathers Role in Child Custody! http://dld.bz/2wDm http://amplify.com/u/bqs28
Thursday, February 17, 2011
Years of Living Divorcedly! How Divorce regressed Me into a (Giddy) Drinking, Smoking, Post-Adolescent! http://dld.bz/NwNJ Some Good Times! I needed it! http://amplify.com/u/bqk6i
@huffingtonpost.com: Was Actress Lindsay Lohan a child victim of a Bad Divorce? Torn Apart: Children and Divorce! http://dld.bz/HmVt http://amplify.com/u/bqk2n
Wednesday, February 16, 2011
My Divorce is Costing Me What? Why is This Divorce Costing So Much?
Financial costs of divorce may often be significant. Divorce lawyers, like any other professionals, are paid according to their skill, training and experience. In Texas, one can expect to pay an advance deposit from $2,500 to $25,000 depending on the complexity of the legal issues involved, as well as the quality and expertise of counsel selected. In addition to the legal fees, some cases require “expert testimony” regarding the value of certain significant assets, i.e. business interests, the marital residence, rental properties, art work and more.
One reason most experienced divorce lawyers want a substantial retainer is that once an attorney files an appearance, they are charged with duties in their role as an officer of the court. Under law and court procedure an attorney must make appearances and file specific legal documents with little or no discretion depending on the opponent’s conduct. Initial filings and other documents may appear deceptively simple, but can challenge even the most patient person. The devil truly is in the details, especially where haggling parties look for disagreement. Even minor issues can blow up, and evolve into unnecessary expense.
Divorces involve complicated issues and many times it is necessary to have a temporary hearing sooner rather than later to sort out legal and monetary issues for the pendency of the divorce proceeding. Who will continue living in the home? Who will make mortgage payments? Who will make payments on automobiles? Who will pay certain credit cards? Who will pay utilities? Who will maintain the property? Who will be responsible for the debts? All questions must be carefully considered and weighed out.
In divorces with child related issues there are more complicated factors to be considered. Who will receive primary custody of the children? Where will the children live and how often? What school will the children attend? How will their education be paid? How much child support will be paid? What visitation schedule will work for the parents and the children? How, when and where will the child exchange take place? Which parent will maintain health insurance? Will the child’s residence be restricted to a particular geographical area?
In all cases, marital assets must be divided; and even if there are few marital assets and only marital debt, there remains much to fight about, or resolve.
The state of Texas makes it unethical for lawyers to take a divorce action on a “contingency fee” basis. That leaves only two ways for a divorce lawyer to be paid: by the hour, which is the most common; or on a flat fee basis. Hourly fees in the Dallas/Ft. Worth metroplex area for a divorce lawyer range anywhere from $250 per hour to $550 per hour and up, depending on your choice.
In the cases where one party has a distinct financial advantage, the economically disadvantaged party can apply for temporary attorney fees and costs to be paid immediately by the party in control of the resources provided a fund is available for such use. In a proper case, such temporary motions often are granted by the trial court in order to level the playing field.
After every hearing, whether it concerns child related issues, marital assets, debts of the parties, or property owned by the parties, an order must be drawn by counsel based on either the court’s decision or the agreement of the parties. Many times these orders involve the drafting of further legal documents such as Deeds of Trust, Deeds of Trust to Secure Assumption; Special Warranty Deeds, and Real Estate Lien Notes relating to the parties home; Powers of Attorney to transfer title of automobiles; Wage Withholding Orders for the withholding of child support; and Austin forms (required by the Bureau of Vital Statistics in every divorce action). Often a Qualified Domestic Relations Order (QDRO) is necessary to divide retirement plans, accounts, pensions and the like. These are just a few of the necessary documents required in some divorce actions.
Bottom line is: the less the parties fight the less they will pay. Lingering animosities do not expedite resolution. Courts do not want to hear “he said/she said.” Whether that is right or wrong is for a social commentary, not a legal guide. That is why there are ‘irretrievable breakdown’ divorces.
Other factors that affect the cost of divorce are: whether the divorce is adversarial; how much you pay hourly for your legal counsel; if you and your spouse are battling over child custody issues involving children; the number of marital assets and debts you have to deal with; and whether your spouse’s attorney is unnecessarily aggressive and adversarial, without purpose.
When selecting a divorce lawyer know what you are looking for. Your counsel should be a person in whom you can put your total trust — after all your emotional health, the emotional health of your child(ren) and potentially the emotional health of your grandchildren could be at issue. The way to keep divorce costs under control is to select the right lawyer and to force your intellect to overrule your emotions when making decisions.
One reason most experienced divorce lawyers want a substantial retainer is that once an attorney files an appearance, they are charged with duties in their role as an officer of the court. Under law and court procedure an attorney must make appearances and file specific legal documents with little or no discretion depending on the opponent’s conduct. Initial filings and other documents may appear deceptively simple, but can challenge even the most patient person. The devil truly is in the details, especially where haggling parties look for disagreement. Even minor issues can blow up, and evolve into unnecessary expense.
Divorces involve complicated issues and many times it is necessary to have a temporary hearing sooner rather than later to sort out legal and monetary issues for the pendency of the divorce proceeding. Who will continue living in the home? Who will make mortgage payments? Who will make payments on automobiles? Who will pay certain credit cards? Who will pay utilities? Who will maintain the property? Who will be responsible for the debts? All questions must be carefully considered and weighed out.
In divorces with child related issues there are more complicated factors to be considered. Who will receive primary custody of the children? Where will the children live and how often? What school will the children attend? How will their education be paid? How much child support will be paid? What visitation schedule will work for the parents and the children? How, when and where will the child exchange take place? Which parent will maintain health insurance? Will the child’s residence be restricted to a particular geographical area?
In all cases, marital assets must be divided; and even if there are few marital assets and only marital debt, there remains much to fight about, or resolve.
The state of Texas makes it unethical for lawyers to take a divorce action on a “contingency fee” basis. That leaves only two ways for a divorce lawyer to be paid: by the hour, which is the most common; or on a flat fee basis. Hourly fees in the Dallas/Ft. Worth metroplex area for a divorce lawyer range anywhere from $250 per hour to $550 per hour and up, depending on your choice.
In the cases where one party has a distinct financial advantage, the economically disadvantaged party can apply for temporary attorney fees and costs to be paid immediately by the party in control of the resources provided a fund is available for such use. In a proper case, such temporary motions often are granted by the trial court in order to level the playing field.
After every hearing, whether it concerns child related issues, marital assets, debts of the parties, or property owned by the parties, an order must be drawn by counsel based on either the court’s decision or the agreement of the parties. Many times these orders involve the drafting of further legal documents such as Deeds of Trust, Deeds of Trust to Secure Assumption; Special Warranty Deeds, and Real Estate Lien Notes relating to the parties home; Powers of Attorney to transfer title of automobiles; Wage Withholding Orders for the withholding of child support; and Austin forms (required by the Bureau of Vital Statistics in every divorce action). Often a Qualified Domestic Relations Order (QDRO) is necessary to divide retirement plans, accounts, pensions and the like. These are just a few of the necessary documents required in some divorce actions.
Bottom line is: the less the parties fight the less they will pay. Lingering animosities do not expedite resolution. Courts do not want to hear “he said/she said.” Whether that is right or wrong is for a social commentary, not a legal guide. That is why there are ‘irretrievable breakdown’ divorces.
Other factors that affect the cost of divorce are: whether the divorce is adversarial; how much you pay hourly for your legal counsel; if you and your spouse are battling over child custody issues involving children; the number of marital assets and debts you have to deal with; and whether your spouse’s attorney is unnecessarily aggressive and adversarial, without purpose.
When selecting a divorce lawyer know what you are looking for. Your counsel should be a person in whom you can put your total trust — after all your emotional health, the emotional health of your child(ren) and potentially the emotional health of your grandchildren could be at issue. The way to keep divorce costs under control is to select the right lawyer and to force your intellect to overrule your emotions when making decisions.
See this Amp at http://amplify.com/u/bqi6t
Tuesday, February 15, 2011
Divorce is affected by our actions! What Goes Around Comes Around! http://dld.bz/NcQs Great article! Nacollawfirmblog.com http://amplify.com/u/bqcf0
Monday, February 14, 2011
My Children Are My Main Priority: Effective Co-Parenting
February 11th, 2011 Co-parenting with an ex-spouse or partner gives children stability and fosters similar rules, discipline and rewards between households. It promotes a child’s ability to more effectively and peacefully solve problems and establishes a life pattern children can carry into the future.
Effective co-parenting means that your own emotions – anger, resentment or hurt – must take back seat to the needs of your children. Setting aside these feelings may be the hardest obstacle to overcome after a divorce. It is important that you remember, co-parenting is not about your feelings, or those of your ex-spouse, but rather about your children’s future happiness and stability.
The following are useful tips to assist you with co-parenting in the future.
1.Do not talk negatively, or allow others to talk negatively, about the other parent, their family and friends or their home in hearing range of the child.
2.Do not question the children about the other parent or the activities of the other parent regarding their personal lives. In simple terms, do not use the child to spy on the other parent.
3.Do not argue or have heated discussions with the other parent when the children are present or during an exchange.
4.Do not make promises to the children to try and win them over at the expense of the other parent.
5.Communicate with the other parent and make similar rules in reference to discipline, bedtime routines, sleeping arrangements, and schedules. Appropriate discipline should be exercised by mutually agreed of both parents.
6.At all times, the decision made by the parents should be for the child’s psychological, spiritual, and physical well-being and safety.
7.Visitation arrangements should be made and confirmed beforehand between the parents without involving the child in order to avoid any false hopes, disappointments or resentments toward the other parent.
8.Notify the other parent in a timely manner of the need to deviate from the order, including cancelling visits, rescheduling appointments, and promptness.
9.Do not schedule activities for the child during the other parent’s period of possession without the other parent’s consent. However, both parents should work together to allow the child to be involved in extracurricular activities.
10.Inform the other parent of any scholastic, medical, psychiatric, or extracurricular activity or appointments of the child.
11.Keep the other parent informed at all times of your address and telephone number. If you are out of town with the child, provide the other parent the address and phone number where your children may be reached in case of an emergency.
12.Refer to the other parent as the child’s mother or father in conversation, rather than using the parents first or last name.
13.Do not bring the child into adult issues and adult conversations about custody, the court, or about the other party.
14.Do not ask the child where they want to live.
15.Do not attempt to alienate the other parent from the child’s life.
16.Do not allow stepparents or others to negatively alter or modify your relationship with the other parent.
17.Do not use phrases that draw the children into your issues or make them feel guilty about time spent with their other parent. For example, rather than saying, “I miss you,” say “I Love You.”
As you begin to co-parent, you and your ex are bound, on occasion, to disagree. It isn’t necessary to meet in person—speaking over the phone or exchanging emails is fine for the majority of conversations. The goal is conflict-free communication, so see which type of contact works best for you. Keep the conversations kid-based.
Remember, respect can go a long way, keep talking, don’t sweat the small stuff, and be willing to compromise
Effective co-parenting means that your own emotions – anger, resentment or hurt – must take back seat to the needs of your children. Setting aside these feelings may be the hardest obstacle to overcome after a divorce. It is important that you remember, co-parenting is not about your feelings, or those of your ex-spouse, but rather about your children’s future happiness and stability.
The following are useful tips to assist you with co-parenting in the future.
1.Do not talk negatively, or allow others to talk negatively, about the other parent, their family and friends or their home in hearing range of the child.
2.Do not question the children about the other parent or the activities of the other parent regarding their personal lives. In simple terms, do not use the child to spy on the other parent.
3.Do not argue or have heated discussions with the other parent when the children are present or during an exchange.
4.Do not make promises to the children to try and win them over at the expense of the other parent.
5.Communicate with the other parent and make similar rules in reference to discipline, bedtime routines, sleeping arrangements, and schedules. Appropriate discipline should be exercised by mutually agreed of both parents.
6.At all times, the decision made by the parents should be for the child’s psychological, spiritual, and physical well-being and safety.
7.Visitation arrangements should be made and confirmed beforehand between the parents without involving the child in order to avoid any false hopes, disappointments or resentments toward the other parent.
8.Notify the other parent in a timely manner of the need to deviate from the order, including cancelling visits, rescheduling appointments, and promptness.
9.Do not schedule activities for the child during the other parent’s period of possession without the other parent’s consent. However, both parents should work together to allow the child to be involved in extracurricular activities.
10.Inform the other parent of any scholastic, medical, psychiatric, or extracurricular activity or appointments of the child.
11.Keep the other parent informed at all times of your address and telephone number. If you are out of town with the child, provide the other parent the address and phone number where your children may be reached in case of an emergency.
12.Refer to the other parent as the child’s mother or father in conversation, rather than using the parents first or last name.
13.Do not bring the child into adult issues and adult conversations about custody, the court, or about the other party.
14.Do not ask the child where they want to live.
15.Do not attempt to alienate the other parent from the child’s life.
16.Do not allow stepparents or others to negatively alter or modify your relationship with the other parent.
17.Do not use phrases that draw the children into your issues or make them feel guilty about time spent with their other parent. For example, rather than saying, “I miss you,” say “I Love You.”
As you begin to co-parent, you and your ex are bound, on occasion, to disagree. It isn’t necessary to meet in person—speaking over the phone or exchanging emails is fine for the majority of conversations. The goal is conflict-free communication, so see which type of contact works best for you. Keep the conversations kid-based.
Remember, respect can go a long way, keep talking, don’t sweat the small stuff, and be willing to compromise
See this Amp at http://amplify.com/u/aq8uw
Friday, February 11, 2011
@tmz.com: Kelsey Grammer is Officially Divorced! What about his 2 kids? Visitation Enforcement on Father’s Rights! http://dld.bz/vEkE http://amplify.com/u/apvws
Unless your Boomer years are unique, keep pretending you won't get older. http://dld.bz/MuNS Do we enjoy getting old? Nacollawfirmblog.com http://amplify.com/u/apv6d
Thursday, February 10, 2011
@cnbc.com: US Negative Home Equity Surge at 27%, Weighing on Housing Recovery! By All Means Stop the Foreclosures!Part II http://dld.bz/2yMP http://amplify.com/u/apt56
@CNN.com: Man claims he's Father of South Carolina Abandoned Baby! Fathers Have Rights: Establishing Paternity! http://dld.bz/qKNF http://amplify.com/u/apsle
Wednesday, February 9, 2011
Contract Review:Proper Form to Prevent Future Breach
Before signing a contract, read through it carefully. Have an attorney review the contract. Make certain that you know what obligations are stated and/or implied. If you are uncertain as to your duties and you sign the contract, you may be liable for a future unintentional breach of the contract.
Contract negotiations, especially in the context of important financial contracts, can be taxing and difficult at best. An attorney can assist you with negotiations to ensure your needs and requirements are met. Additionally, your attorney can properly draft and/or review the contract, explain to you your rights and duties under the contract, and make suggestions as to provisions which may be necessary to protect your best interest.
The following is a good guideline for contract review. It is not an all-inclusive list, but may be used as a tool to assist with contract drafting and review:
1.Make sure the language contained in the contract is clear and understandable. In most cases, limit the use of highly technical terms when possible. Unnecessary legal wording may make the contract confusing, thus use regular wording to make sure the parties understand what the contract says and means.
2.Give a clear and concise description of the goods and/or services to be received.
3.Give a clear description of the amount of money or other consideration for the contract.
4.If any payments are payable outside the U.S., make sure the payments are in U.S. dollars.
5.Make sure the contract contains a specific time and place for performance.
6.The contract should contain a method of providing notice of default and opportunity to cure default.
7.Rights, obligations, and duties of every party should be clearly listed. Each party’s responsibilities should be identified in understandable wording.
8.Use clear and concise names when listing parties to the contract, including address, telephone number, fax number, and email addresses.
9.Be sure you have a contact person for each party to the contract, including address, telephone number, fax number, and email addresses.
10.Establish a date the contract is to begin and end.
11.Make sure the contract contains all other important dates to the contract (milestones, deadlines, reports, etc.). Use full dates. Such dates should be clearly identified.
12.The procedure for renewal of the contract should be clearly identified.
13.If an employment contract, the procedure for termination of the contract should be clearly identified (termination for cause and/or termination at will).
14.Indemnification, liquidated damages, attorney’s fees, waiver of contractor’s liability, waiver of statutes of limitation clauses should be incorporated if necessary or applicable.
15.Establish the contract is governed by the laws of the State of Texas.
16.Establish the venue for suit is in the county where the Company’s main office or parties signing are located or agree otherwise.
17.If insurance is required, define the types and levels of coverage.
18.Confidentiality provisions, if applicable, should be incorporated.
19.Ensure Act of God or force majeure clauses are incorporated if necessary.
20.Assignment by either party should be approved in advance in writing.
21.Incorporate an Alternative Dispute Resolution clause, if required or desired.
22.All appendices, exhibits, attachments, and schedules should be attached.
23.Title and authority of person signing the contract should be properly stated and warranted.
24.Spelling, formatting, grammar, punctuation and general appearance of the contract should be professional and accurate.
Preprinted form contracts should only be viewed as a starting point, not a final expression of the parties’ agreement. Protection for all parties is usually minimal to non-existent in such pre-printed forms. No pre-printed form can be expected to cover the particulars of all agreements between two or more specific parties. Having an attorney review and negotiate pre-printed forms may prove prudent and smart.
It is imperative that the terms of a contract are fairly negotiated, properly drafted, and reviewed to ensure the contract meets the intentions of the parties.
Contract negotiations, especially in the context of important financial contracts, can be taxing and difficult at best. An attorney can assist you with negotiations to ensure your needs and requirements are met. Additionally, your attorney can properly draft and/or review the contract, explain to you your rights and duties under the contract, and make suggestions as to provisions which may be necessary to protect your best interest.
The following is a good guideline for contract review. It is not an all-inclusive list, but may be used as a tool to assist with contract drafting and review:
1.Make sure the language contained in the contract is clear and understandable. In most cases, limit the use of highly technical terms when possible. Unnecessary legal wording may make the contract confusing, thus use regular wording to make sure the parties understand what the contract says and means.
2.Give a clear and concise description of the goods and/or services to be received.
3.Give a clear description of the amount of money or other consideration for the contract.
4.If any payments are payable outside the U.S., make sure the payments are in U.S. dollars.
5.Make sure the contract contains a specific time and place for performance.
6.The contract should contain a method of providing notice of default and opportunity to cure default.
7.Rights, obligations, and duties of every party should be clearly listed. Each party’s responsibilities should be identified in understandable wording.
8.Use clear and concise names when listing parties to the contract, including address, telephone number, fax number, and email addresses.
9.Be sure you have a contact person for each party to the contract, including address, telephone number, fax number, and email addresses.
10.Establish a date the contract is to begin and end.
11.Make sure the contract contains all other important dates to the contract (milestones, deadlines, reports, etc.). Use full dates. Such dates should be clearly identified.
12.The procedure for renewal of the contract should be clearly identified.
13.If an employment contract, the procedure for termination of the contract should be clearly identified (termination for cause and/or termination at will).
14.Indemnification, liquidated damages, attorney’s fees, waiver of contractor’s liability, waiver of statutes of limitation clauses should be incorporated if necessary or applicable.
15.Establish the contract is governed by the laws of the State of Texas.
16.Establish the venue for suit is in the county where the Company’s main office or parties signing are located or agree otherwise.
17.If insurance is required, define the types and levels of coverage.
18.Confidentiality provisions, if applicable, should be incorporated.
19.Ensure Act of God or force majeure clauses are incorporated if necessary.
20.Assignment by either party should be approved in advance in writing.
21.Incorporate an Alternative Dispute Resolution clause, if required or desired.
22.All appendices, exhibits, attachments, and schedules should be attached.
23.Title and authority of person signing the contract should be properly stated and warranted.
24.Spelling, formatting, grammar, punctuation and general appearance of the contract should be professional and accurate.
Preprinted form contracts should only be viewed as a starting point, not a final expression of the parties’ agreement. Protection for all parties is usually minimal to non-existent in such pre-printed forms. No pre-printed form can be expected to cover the particulars of all agreements between two or more specific parties. Having an attorney review and negotiate pre-printed forms may prove prudent and smart.
It is imperative that the terms of a contract are fairly negotiated, properly drafted, and reviewed to ensure the contract meets the intentions of the parties.
See this Amp at http://amplify.com/u/apnme
@WSJ.com: White House Plans to Revamp Mortgage Market! By All Means Stop the Foreclosure! http://dld.bz/MbMr http://amplify.com/u/apmup
Huffingtonpost.com: Ex Penn. Governor Rendell & Wife are divorcing after 40 Years! Baby Boomers & Divorce! http://dld.bz/g3xp http://amplify.com/u/apltl
Very Serious Civil Rights Issue! Iowa Senate trying to pass the "Religious Conscience Protection Act" against recognizing same-sex relationships! http://dld.bz/MaNX http://amplify.com/u/apljj
Monday, February 7, 2011
HuffingtonPost.com: Obama Breaks Pledge Forcing Banks to Help Homeowners? Mistaken Foreclosure due to Bank Disorganization? http://dld.bz/5Ewv http://amplify.com/u/ap87l
huffingtonpost.com: Does Divorce Hit Women Harder Than Men? How does divorce make you feel? http://dld.bz/kvQG http://amplify.com/u/ap7nv
Huffingtonpost.com: Child Support Myths & Legends! Texas Child Support Guidelines! http://dld.bz/bsN4 http://amplify.com/u/ap7a9
Friday, February 4, 2011
Huffingtonpost.com: Recession Caused First Ever Child Support Payment Decline! Texas Child Support Questions & Answers http://dld.bz/3trY http://amplify.com/u/aohtu
People.com: Halle Berry's Movie, Last Straw in Custody Battle! Children in Distress: Do You Need Emergency Relief? http://dld.bz/apsb http://amplify.com/u/aohpx
Thursday, February 3, 2011
Gastongazette.com: Zahra Baker's stepmother married 7 times! A Deadly Problem? Step-parent Conflict: Put the Kids First! http://dld.bz/eptT http://amplify.com/u/aoc52
Celebrity Divorce Lawyer On How To Prevent Divorce! http://dld.bz/Kan4 Some Great Ideas for Serious Conversation between Couples/Partners to ward off problems! http://amplify.com/u/aobxw
Huffingtonpost.com: Halle Berry Custody Battle: Daughter Terrified of her father! Child Custody: Staying Close to Your Kids! http://dld.bz/ayJx http://amplify.com/u/aobv8
Tuesday, February 1, 2011
Huffingtonpost.com: Repeal Home Affordable Modification Program (HAMP) Now! Bank Disorganization-Mistaken Foreclosure http://dld.bz/5Ewv http://amplify.com/u/ao6vr
Monday, January 31, 2011
Huffingtonpost.com: Are You Caught In A Never Ending Divorce? Divorce Wars/Legal Strategies & Myths! http://dld.bz/e7Ta http://amplify.com/u/ao4kj
napavalleyregister.com: Couples ‘Living in sin’ stigma fades! Cohabitation & Domestic Partnership Agreements in Texas! http://dld.bz/7AJz http://amplify.com/u/ao426
Same-Sex Marriages in Texas
No “I Do’s” for Same Sex Marriages in Texas.
Before you get those bath towels monogrammed: Mr. and Mr. or Mrs. and Mrs., if you live in the state of Texas, there are few things you should consider.
The conservative state of Texas opposes same-sex marriages or civil unions. Same-sex marriages are contrary to the state’s public policy and are considered void. If the nuptials are void, a couple may not enjoy normal legal spousal rights, enforceability, protection or acknowledgements.
Rewind a bit and start with what is considered “same-sex” in the state of Texas. It is only natural for one to think of same-sex as two individuals who were born under the same gender classification. Two males are not permitted to marry one another nor may two women marry one another, although it is not so clear-cut in the Lone Star state.
The ambiguities commence when you first seek to obtain a marriage license. To receive a Texas marriage license you must submit a form of identification. This is where the process gets complex. There are several types of identification you can offer; a couple of examples are a copy your birth certificate or your driver’s license (in state or out of state). If either or both of these forms of sex/gender identification matches with your fiancé’s sex/gender, reconsider sending out those wedding invitations.
According to the current list of forms of identification, there are many couples whose marriage license application would appear complete and valid, but who in fact cannot lawfully marry. Earlier this year in El Paso, Texas, two people who appeared to be women, with the same genital organs applied for a marriage license. By Texas standards, ‘you are what you are born’; the two individuals did not deem it problematic or expect controversy since one of them was born a male. To be clear and safe from any procedural violations as to how to deal with the situation, El Paso County officials sought guidance from Texas Attorney General, Greg Abbott. Abbott declined to opine due to a pending case litigating a similar issue. The case Attorney General Abbott was referring to was the case in Wharton County where the validity of a widow’s marriage to a fallen firefighter is being contested as she was born a man and two males cannot legally marry in the state of Texas. The widow had undergone Reassignment Surgery (RAS) and is living as a female. For many, because the widow was born a man, the Wharton County case has nothing to do with the situation in El Paso. In El Paso, the couple were born of the opposite sex according to their birth certificates (which is supposed to the determining factor), whereas, in Wharton County both were born male. Attorney, Chad Ellis, states that there is nothing in the law that mentions anything about allowing someone to legally change their gender. Alternatively, nothing is mentioned about disallowing a person to legally change their gender.
On September 1, 2010, the Court of Appeals for the Fifth District of Texas overturned a 2009 ruling in the Dallas District Court. The Dallas court ruled it had jurisdiction over a same-sex divorce and that the marriage ban violates the Equal Protection Clause of the US Constitution. The Texas Court of Appeals ruled that the state ban on same-sex marriage does not violate the US Constitution and rationalizes it’s favoring of opposite-sex couples because of their natural ability to procreate. The court found that a person’s sexual orientation does not affect his or her ability to contribute to society, but it will determine whether or not that person will enter a relationship that is naturally open to procreation; preserving the state’s interest in “fostering relationships that will serve children best” and its legitimate interest in child rearing.
In 2009, the U.S. Census reported a total 581,300 same-sex partnered households while only 17% of them included children whether biological, adopted, or step-child. An article in the Journal of American Academy of Pediatrics (AAP) stated that children growing up in same-sex households have been described as being more tolerant of diversity and more nurturing to younger children than those raised in opposite-sex households.
Despite the state’s ban, some Texas cities are being recognized for what may seem contrary to its stance. According to the 2006 U.S. Census data, San Antonio, Texas had the highest number of gay couples raising children in the nation; Houston ranked number 4 and the Arlington and Fort Worth area as number 5.
Will Texas lift the ban on same-sex marriages and civil unions? Will it boil down to Texas defining same-sex as to what gender is marked on their original birth certificate and/or acknowledge transgender persons to be recognized as they view themselves? Or, will Texas lift its state ban against same-sex marriage altogether? For the time being, whether you are homosexual, transgendered, or a transgender person who appears to be gay, things get pretty fuzzy in the Alamo State when trying to legalize a union or seek to have a union legally acknowledged and/or enforced.
See this Amp at http://amplify.com/u/ao3yz
Friday, January 28, 2011
Huffingtonpost.com: 10 Lessons My Parents' Divorces Taught Me! Divorce Trial Strategy: Constructive or Nonproductive? http://dld.bz/k97y http://amplify.com/u/anv77
Monday, January 24, 2011
Fortune Magazine: 'Mass Affluent' are strapped too, Bank of America finds! CHAPTER 7: Consumer Bankruptcy http://dld.bz/aGs6 http://amplify.com/u/animd
Huffingtonpost: Your Divorce is Easiest at what age on the Kids? Parent Alienation & False Domestic Violence Allegation http://dld.bz/gtP6 http://amplify.com/u/anibf
Huffingtonpost.com: Kids Of Divorce: New Study Shows Links Suicide Risk! A Father’s Uphill Battle: I Love My Children! http://dld.bz/4AmN http://amplify.com/u/ani0k
Friday, January 21, 2011
Bankrate.com: Can you divorce your spouse's debt? Divorce: What is separate & community property? http://dld.bz/wCt2 http://amplify.com/u/bna6c
Thursday, January 20, 2011
HuffingtonPost.com: How are You Going To Tell Your Spouse You Want A Divorce? Preparing for a Texas Divorce http://dld.bz/Fzux http://amplify.com/u/bn1zy
Wednesday, January 19, 2011
Pitfalls of Pro Se Legal Representation
Pro se is a Latin term meaning “for oneself” or “on one’s own behalf.” To represent oneself pro se means to advocating for one’s own self before a court, rather than being represented by counsel. The right of a party to a legal action to represent his or her own cause has long been recognized in the United States, and even predates the ratification of the Constitution. But is this the wisest course of action?
According to National Center on State Courts, 71% of domestic relations (family law) cases have at least 1 unrepresented party. In 18% of cases both parties are pro se litigants. So where does the problem lie when a litigant decides to walk into a courtroom without proper legal representation? The simple fact is that the vast majority of pro se defendants lose their cases.
The following is a quote from a judge used against a Defendant who represented himself after murdering his girlfriend. “You don’t know how to ask a question…You don’t know how to offer things into evidence. You keep making stupid speeches. You keep saying you are good at this. You are not… I do not say this to insult you…You do not know the law.”
What’s important to highlight from the judge’s speech is that it really underscores the greater reason why it is tough for a party to represent themselves in court. Poor representation is likely to antagonize a judge. Being a lawyer in the United States requires a vast amount of knowledge regarding proper legal rules and court procedures. Areas of knowledge like the federal rules of evidence, state rules of civil procedure, and local rules of court are generally very foreign and unnatural concepts to a pro se litigant. However, these were created for reasons of fair, speedy, and efficient justice.
The justice system is designed, in large part, for the traditional full representation model. Virtually all aspects of the system, from the rules to the training of judges and court staff to the physical layout of the courthouses themselves, have been oriented to cases in which knowledgeable attorneys represent the parties. The ability of a party to proceed without an attorney in prosecuting or defending a civil action is largely a matter of state law, and may vary depending on the court and the positions of the parties.
Pro se appearances may delay a trial proceeding and enhance the possibility of a mistrial and a subsequent appeal. Pro se litigants are not entitled to an award of attorney’s fees. However, a Court may order a pro se litigant to pay the attorney’s fees for the opposing party.
In some instances, pro se representation is not allowed. A pro se litigant may not represent a corporation, as a corporation is considered a “person” separate and distinct from its officers and employees. A non-lawyer may not sign and file a notice of appeal on behalf of a corporation. Similarly, a pro se litigant may not act as a class representative in a class action proceeding. In other words, a pro se litigant may not bring a class action lawsuit.
Another situation in which appearance through counsel is often required is in a case involving the executor or personal administrator of a probate estate. Unless the executor or administrator is himself an attorney, he is not allowed to represent himself in matters other than the probate.
Few federal courts of appeals allow unrepresented litigants to argue, and in all courts the percentage of cases in which argument occurs is higher for counseled cases.
Legal forms are becoming increasingly available on-line. However, numerous problems arise when deciding to use online forms and services. More often than not, these services do not take into account specific state laws. Only an attorney authorized to practice law in a specific state can effectively advise a party regarding the various jurisdictional issues that may affect their case. Many states have varying requirements when it comes to witnesses, discovery, case experts, and specific language that must be included in legal forms. Failure to comply with state requirements may lead to a case being dismissed by the court and increase future litigation expenses.
While a party has the right to represent themselves pro se in a court of law, they should not expect any special treatment, help, or attention from the court. And enough importance cannot be placed on the fact that they must comply with the Rules of the Court, even if they are not familiar with them.
Perception is everything. Representing oneself pro se can send out all the wrong signals to a judge and/or jury: that a party is not taking the matter seriously, determined to be obstructive, penny-pinching, unwilling to compromise, believe they are right and cannot maintain a proper relationship with counsel, or just downright difficult. Is this really the impression you want the court to have?
It will probably come as no surprise that the most common excuse for not employing a lawyer is that one cannot afford it. That may be short sighted. A good lawyer ought to be able to achieve a result that is fairer and of better value than a litigant struggling to do so on their own. Add to that the possibility that failure to understand and comply with court orders may result in orders for costs being made against the pro se party and the numbers start to mount up. It’s also the lawyer’s job to try to broker a settlement in order to avoid the expense of protracted proceedings and a costly trial. Trying to negotiate a settlement without proper legal counsel may end in disaster.
According to National Center on State Courts, 71% of domestic relations (family law) cases have at least 1 unrepresented party. In 18% of cases both parties are pro se litigants. So where does the problem lie when a litigant decides to walk into a courtroom without proper legal representation? The simple fact is that the vast majority of pro se defendants lose their cases.
The following is a quote from a judge used against a Defendant who represented himself after murdering his girlfriend. “You don’t know how to ask a question…You don’t know how to offer things into evidence. You keep making stupid speeches. You keep saying you are good at this. You are not… I do not say this to insult you…You do not know the law.”
What’s important to highlight from the judge’s speech is that it really underscores the greater reason why it is tough for a party to represent themselves in court. Poor representation is likely to antagonize a judge. Being a lawyer in the United States requires a vast amount of knowledge regarding proper legal rules and court procedures. Areas of knowledge like the federal rules of evidence, state rules of civil procedure, and local rules of court are generally very foreign and unnatural concepts to a pro se litigant. However, these were created for reasons of fair, speedy, and efficient justice.
The justice system is designed, in large part, for the traditional full representation model. Virtually all aspects of the system, from the rules to the training of judges and court staff to the physical layout of the courthouses themselves, have been oriented to cases in which knowledgeable attorneys represent the parties. The ability of a party to proceed without an attorney in prosecuting or defending a civil action is largely a matter of state law, and may vary depending on the court and the positions of the parties.
Pro se appearances may delay a trial proceeding and enhance the possibility of a mistrial and a subsequent appeal. Pro se litigants are not entitled to an award of attorney’s fees. However, a Court may order a pro se litigant to pay the attorney’s fees for the opposing party.
In some instances, pro se representation is not allowed. A pro se litigant may not represent a corporation, as a corporation is considered a “person” separate and distinct from its officers and employees. A non-lawyer may not sign and file a notice of appeal on behalf of a corporation. Similarly, a pro se litigant may not act as a class representative in a class action proceeding. In other words, a pro se litigant may not bring a class action lawsuit.
Another situation in which appearance through counsel is often required is in a case involving the executor or personal administrator of a probate estate. Unless the executor or administrator is himself an attorney, he is not allowed to represent himself in matters other than the probate.
Few federal courts of appeals allow unrepresented litigants to argue, and in all courts the percentage of cases in which argument occurs is higher for counseled cases.
Legal forms are becoming increasingly available on-line. However, numerous problems arise when deciding to use online forms and services. More often than not, these services do not take into account specific state laws. Only an attorney authorized to practice law in a specific state can effectively advise a party regarding the various jurisdictional issues that may affect their case. Many states have varying requirements when it comes to witnesses, discovery, case experts, and specific language that must be included in legal forms. Failure to comply with state requirements may lead to a case being dismissed by the court and increase future litigation expenses.
While a party has the right to represent themselves pro se in a court of law, they should not expect any special treatment, help, or attention from the court. And enough importance cannot be placed on the fact that they must comply with the Rules of the Court, even if they are not familiar with them.
Perception is everything. Representing oneself pro se can send out all the wrong signals to a judge and/or jury: that a party is not taking the matter seriously, determined to be obstructive, penny-pinching, unwilling to compromise, believe they are right and cannot maintain a proper relationship with counsel, or just downright difficult. Is this really the impression you want the court to have?
It will probably come as no surprise that the most common excuse for not employing a lawyer is that one cannot afford it. That may be short sighted. A good lawyer ought to be able to achieve a result that is fairer and of better value than a litigant struggling to do so on their own. Add to that the possibility that failure to understand and comply with court orders may result in orders for costs being made against the pro se party and the numbers start to mount up. It’s also the lawyer’s job to try to broker a settlement in order to avoid the expense of protracted proceedings and a costly trial. Trying to negotiate a settlement without proper legal counsel may end in disaster.
See this Amp at http://amplify.com/u/bmtih
TMZ.com: $165K Legal Bill for Mel Gibson with Ex girlfriend! Parent Alienation & Domestic Violence Allegations! http://dld.bz/eTSd http://amplify.com/u/bmsv1
Monday, January 17, 2011
Time.com: 2011 Foreclosures Poised to Rise- Biggest Year Yet? BY ALL MEANS STOP THE FORECLOSURE! http://dld.bz/avJv http://amplify.com/u/bmep5
CNNmoney.com: Own a business? 6 new tax breaks! Debt Recovery Concerns for your Business ? http://dld.bz/e8bR http://amplify.com/u/bmefw
Children of Divorce Speak: Advice for 2011 Separating Parents! http://dld.bz/GjD2 Fathers & Parent Alienation Syndrome! http://dld.bz/bYmQ http://amplify.com/u/bmdul
Thursday, January 13, 2011
Huffington Post: Post-Divorce Advice: Child Support Problems? Texas Divorce: Texas Child Support Questions & Answers. http://dld.bz/3trY http://amplify.com/u/blte9
CNNMoney.com: 2010 - Largest Foreclosure Rates! 1 Million Homes Repossessed! Foreclosures in Texas: Can I Save My Home? http://dld.bz/2HQP http://amplify.com/u/bltbo
Wednesday, January 12, 2011
Same-Sex Marriages in Texas
No “I Do’s” for Same Sex Marriages in Texas.
Before you get those bath towels monogrammed: Mr. and Mr. or Mrs. and Mrs., if you live in the state of Texas, there are few things you should consider.
The conservative state of Texas opposes same-sex marriages or civil unions. Same-sex marriages are contrary to the state’s public policy and are considered void. If the nuptials are void, a couple may not enjoy normal legal spousal rights, enforceability, protection or acknowledgements.
Rewind a bit and start with what is considered “same-sex” in the state of Texas. It is only natural for one to think of same-sex as two individuals who were born under the same gender classification. Two males are not permitted to marry one another nor may two women marry one another, although it is not so clear-cut in the Lone Star state.
The ambiguities commence when you first seek to obtain a marriage license. To receive a Texas marriage license you must submit a form of identification. This is where the process gets complex. There are several types of identification you can offer; a couple of examples are a copy your birth certificate or your driver’s license (in state or out of state). If either or both of these forms of sex/gender identification matches with your fiancé’s sex/gender, reconsider sending out those wedding invitations.
According to the current list of forms of identification, there are many couples whose marriage license application would appear complete and valid, but who in fact cannot lawfully marry. Earlier this year in El Paso, Texas, two people who appeared to be women, with the same genital organs applied for a marriage license. By Texas standards, ‘you are what you are born’; the two individuals did not deem it problematic or expect controversy since one of them was born a male. To be clear and safe from any procedural violations as to how to deal with the situation, El Paso County officials sought guidance from Texas Attorney General, Greg Abbott. Abbott declined to opine due to a pending case litigating a similar issue. The case Attorney General Abbott was referring to was the case in Wharton County where the validity of a widow’s marriage to a fallen firefighter is being contested as she was born a man and two males cannot legally marry in the state of Texas. The widow had undergone Reassignment Surgery (RAS) and is living as a female. For many, because the widow was born a man, the Wharton County case has nothing to do with the situation in El Paso. In El Paso, the couple were born of the opposite sex according to their birth certificates (which is supposed to the determining factor), whereas, in Wharton County both were born male. Attorney, Chad Ellis, states that there is nothing in the law that mentions anything about allowing someone to legally change their gender. Alternatively, nothing is mentioned about disallowing a person to legally change their gender.
On September 1, 2010, the Court of Appeals for the Fifth District of Texas overturned a 2009 ruling in the Dallas District Court. The Dallas court ruled it had jurisdiction over a same-sex divorce and that the marriage ban violates the Equal Protection Clause of the US Constitution. The Texas Court of Appeals ruled that the state ban on same-sex marriage does not violate the US Constitution and rationalizes it’s favoring of opposite-sex couples because of their natural ability to procreate. The court found that a person’s sexual orientation does not affect his or her ability to contribute to society, but it will determine whether or not that person will enter a relationship that is naturally open to procreation; preserving the state’s interest in “fostering relationships that will serve children best” and its legitimate interest in child rearing.
In 2009, the U.S. Census reported a total 581,300 same-sex partnered households while only 17% of them included children whether biological, adopted, or step-child. An article in the Journal of American Academy of Pediatrics (AAP) stated that children growing up in same-sex households have been described as being more tolerant of diversity and more nurturing to younger children than those raised in opposite-sex households.
Despite the state’s ban, some Texas cities are being recognized for what may seem contrary to its stance. According to the 2006 U.S. Census data, San Antonio, Texas had the highest number of gay couples raising children in the nation; Houston ranked number 4 and the Arlington and Fort Worth area as number 5.
Will Texas lift the ban on same-sex marriages and civil unions? Will it boil down to Texas defining same-sex as to what gender is marked on their original birth certificate and/or acknowledge transgender persons to be recognized as they view themselves? Or, will Texas lift its state ban against same-sex marriage altogether? For the time being, whether you are homosexual, transgendered, or a transgender person who appears to be gay, things get pretty fuzzy in the Alamo State when trying to legalize a union or seek to have a union legally acknowledged and/or enforced.
Before you get those bath towels monogrammed: Mr. and Mr. or Mrs. and Mrs., if you live in the state of Texas, there are few things you should consider.
The conservative state of Texas opposes same-sex marriages or civil unions. Same-sex marriages are contrary to the state’s public policy and are considered void. If the nuptials are void, a couple may not enjoy normal legal spousal rights, enforceability, protection or acknowledgements.
Rewind a bit and start with what is considered “same-sex” in the state of Texas. It is only natural for one to think of same-sex as two individuals who were born under the same gender classification. Two males are not permitted to marry one another nor may two women marry one another, although it is not so clear-cut in the Lone Star state.
The ambiguities commence when you first seek to obtain a marriage license. To receive a Texas marriage license you must submit a form of identification. This is where the process gets complex. There are several types of identification you can offer; a couple of examples are a copy your birth certificate or your driver’s license (in state or out of state). If either or both of these forms of sex/gender identification matches with your fiancé’s sex/gender, reconsider sending out those wedding invitations.
According to the current list of forms of identification, there are many couples whose marriage license application would appear complete and valid, but who in fact cannot lawfully marry. Earlier this year in El Paso, Texas, two people who appeared to be women, with the same genital organs applied for a marriage license. By Texas standards, ‘you are what you are born’; the two individuals did not deem it problematic or expect controversy since one of them was born a male. To be clear and safe from any procedural violations as to how to deal with the situation, El Paso County officials sought guidance from Texas Attorney General, Greg Abbott. Abbott declined to opine due to a pending case litigating a similar issue. The case Attorney General Abbott was referring to was the case in Wharton County where the validity of a widow’s marriage to a fallen firefighter is being contested as she was born a man and two males cannot legally marry in the state of Texas. The widow had undergone Reassignment Surgery (RAS) and is living as a female. For many, because the widow was born a man, the Wharton County case has nothing to do with the situation in El Paso. In El Paso, the couple were born of the opposite sex according to their birth certificates (which is supposed to the determining factor), whereas, in Wharton County both were born male. Attorney, Chad Ellis, states that there is nothing in the law that mentions anything about allowing someone to legally change their gender. Alternatively, nothing is mentioned about disallowing a person to legally change their gender.
On September 1, 2010, the Court of Appeals for the Fifth District of Texas overturned a 2009 ruling in the Dallas District Court. The Dallas court ruled it had jurisdiction over a same-sex divorce and that the marriage ban violates the Equal Protection Clause of the US Constitution. The Texas Court of Appeals ruled that the state ban on same-sex marriage does not violate the US Constitution and rationalizes it’s favoring of opposite-sex couples because of their natural ability to procreate. The court found that a person’s sexual orientation does not affect his or her ability to contribute to society, but it will determine whether or not that person will enter a relationship that is naturally open to procreation; preserving the state’s interest in “fostering relationships that will serve children best” and its legitimate interest in child rearing.
In 2009, the U.S. Census reported a total 581,300 same-sex partnered households while only 17% of them included children whether biological, adopted, or step-child. An article in the Journal of American Academy of Pediatrics (AAP) stated that children growing up in same-sex households have been described as being more tolerant of diversity and more nurturing to younger children than those raised in opposite-sex households.
Despite the state’s ban, some Texas cities are being recognized for what may seem contrary to its stance. According to the 2006 U.S. Census data, San Antonio, Texas had the highest number of gay couples raising children in the nation; Houston ranked number 4 and the Arlington and Fort Worth area as number 5.
Will Texas lift the ban on same-sex marriages and civil unions? Will it boil down to Texas defining same-sex as to what gender is marked on their original birth certificate and/or acknowledge transgender persons to be recognized as they view themselves? Or, will Texas lift its state ban against same-sex marriage altogether? For the time being, whether you are homosexual, transgendered, or a transgender person who appears to be gay, things get pretty fuzzy in the Alamo State when trying to legalize a union or seek to have a union legally acknowledged and/or enforced.
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Monday, January 10, 2011
Serious Parent Alienation happening in your divorce? Any Brain Washing of the kids against you? Dallas Divorce http://tinyurl.com/qvlhem http://amplify.com/u/bl9ff
Must Read for Every Homeowner! Massachusetts Court to Banks on Foreclosures: The Law Matters! http://dld.bz/FctP Nacollawfirm.com http://amplify.com/u/bl8zc
Friday, January 7, 2011
Huffington Divorce: Some Major Divorce Myths Debunked! What about Baby Boomers and Divorce? http://dld.bz/g3xp http://amplify.com/u/bkva4
CNNMoney.com: SBA New Small Business Loans approved in 'minutes'! Good Time to Form a Texas Business Corporation? http://dld.bz/brFc http://amplify.com/u/bkum5
Thursday, January 6, 2011
Heartland.time.com: The Divorce So Bad the Family Judge Flip Out! DivorceTrial Strategy: Constructive or Nonproductive? http://dld.bz/k97y http://amplify.com/u/bkr93
Wednesday, January 5, 2011
China Planning Marriage Cheaters Website! http://dld.bz/EreR Great Idea for the US?? Nacollawfirmblog.com & Fathersrightsdallas.com http://amplify.com/u/bknjs
HuffingtonPost Divorce: Financial Affairs Still Married but Want Divorce? Cohabitation & Domestic Partnership Agreements? http://dld.bz/7AJz http://amplify.com/u/bknhb
Huffington Post: Father's Italian Custody Battle Continues! Parental Alienation & False Domestic Violence Allegations http://dld.bz/gtP6 http://amplify.com/u/bkneq
Tuesday, January 4, 2011
Huffingtonpost.com: Being a StepMother is The Most Thankless Job In The World! Step-parent Conflict: Put the Kids First! http://dld.bz/eptT http://amplify.com/u/kij7
In Sickness and in Health: When is the Right Time to Prepare a Will
Despite the recent drama over Michael Jackson’s death, he did many things right when it comes to end-of-life estate planning. The most critical thing Jackson did was to name a business associate as executor to carry out his wishes and designate a guardian for his minor children. He also set up a family trust that should keep the division of his estate out of the public eye.
As opposed to Jackson, Steve McNair, former NFL quarterback, died intestate (without a will). According to reports not personally verified by the writer, McNair had a wife, two children from a former marriage, and two children from a previous relationship. Now, instead of being able to decide for himself how his property should be distributed, the distribution of his assets will be determined by a formula set forth under state law.
Too often people do not get around to making a will. The problem is there is no deadline to make sure it is done before your death, and people do not like to think about dying. It is important to remember that if you die without a will state law dictates what happens to your property and assets and a court of law may determine who has custody of your children.
While mortality is a difficult topic to discuss or think about, leaving your family with large financial decisions isn’t pleasant either. Start by assessing your overall financial picture – your net worth. You need to identify not only your financial investment assets but also the value of your real and personal property.
Craft a will. With the assistance of an attorney, you can outline how you wish your estate – your assets and liabilities – to pass through after your death. Your assets along with your debt will need to be handled by your family. Identify anything that may need to be taken care of in case you are incapacitated. Check on taxes that may need to be paid by your estate. Remember to keep your will updated if you move, remarry, divorce, or experience any significant change in your life.
In some cases you may wish to discuss your desires with trusted family members. By letting others know what your plans are, you can prevent misunderstandings after your death. In some cases complete privacy is indicated. Choose an executor. Whether it is a family member or friend, the executor needs to be someone that can be trusted to handle the decisions and paperwork surrounding your death and the probate of your estate. Choose a successor. Be careful when choosing a spouse whose health may be failing along with your own.
Protect your assets with a trust. Setting up trusts can allow you to provide for your family and beneficiaries after you are gone and in some cases bypass probate and the associated expenses altogether. Plus, in the appropriate case and jurisdiction a trust may aid in lessening the potential taxes on your estate. Talk over your planning and estate needs with a financial advisor. You can provide an income to a surviving spouse and children, safeguard your assets until your children reach a set age or establish a trust for a charitable organization. The benefits of a trust are: federal unified tax credit to leave assets tax-free; providing income to one beneficiary for his or her lifetime, and the balance to others; professional investment assistance and management; and postponing estate taxes with property transfers. The various types of trusts you may want to consider and/or discuss with your attorney are: revocable living trust; testamentary trust; living trust; and irrevocable and charitable trusts.
Keep your children in mind. Make sure that you name a guardian who will care for them into adulthood. Establish how you want your children to inherit your estate, whether it is through investments or trusts. Choosing the guardian of your children is very important. Be sure that whomever you name is aware of and willing to take on the responsibility. You may want to also take into consideration their age and health.
Periodically review your plan (especially in the case of divorce or death of a spouse or beneficiary). Your estate will change over time. Do not assume that what you set up five years ago will be what is best for your present estate. Money grows, investments change, you may downsize your housing needs – reassess your plan and make the changes in writing.
As opposed to Jackson, Steve McNair, former NFL quarterback, died intestate (without a will). According to reports not personally verified by the writer, McNair had a wife, two children from a former marriage, and two children from a previous relationship. Now, instead of being able to decide for himself how his property should be distributed, the distribution of his assets will be determined by a formula set forth under state law.
Too often people do not get around to making a will. The problem is there is no deadline to make sure it is done before your death, and people do not like to think about dying. It is important to remember that if you die without a will state law dictates what happens to your property and assets and a court of law may determine who has custody of your children.
While mortality is a difficult topic to discuss or think about, leaving your family with large financial decisions isn’t pleasant either. Start by assessing your overall financial picture – your net worth. You need to identify not only your financial investment assets but also the value of your real and personal property.
Craft a will. With the assistance of an attorney, you can outline how you wish your estate – your assets and liabilities – to pass through after your death. Your assets along with your debt will need to be handled by your family. Identify anything that may need to be taken care of in case you are incapacitated. Check on taxes that may need to be paid by your estate. Remember to keep your will updated if you move, remarry, divorce, or experience any significant change in your life.
In some cases you may wish to discuss your desires with trusted family members. By letting others know what your plans are, you can prevent misunderstandings after your death. In some cases complete privacy is indicated. Choose an executor. Whether it is a family member or friend, the executor needs to be someone that can be trusted to handle the decisions and paperwork surrounding your death and the probate of your estate. Choose a successor. Be careful when choosing a spouse whose health may be failing along with your own.
Protect your assets with a trust. Setting up trusts can allow you to provide for your family and beneficiaries after you are gone and in some cases bypass probate and the associated expenses altogether. Plus, in the appropriate case and jurisdiction a trust may aid in lessening the potential taxes on your estate. Talk over your planning and estate needs with a financial advisor. You can provide an income to a surviving spouse and children, safeguard your assets until your children reach a set age or establish a trust for a charitable organization. The benefits of a trust are: federal unified tax credit to leave assets tax-free; providing income to one beneficiary for his or her lifetime, and the balance to others; professional investment assistance and management; and postponing estate taxes with property transfers. The various types of trusts you may want to consider and/or discuss with your attorney are: revocable living trust; testamentary trust; living trust; and irrevocable and charitable trusts.
Keep your children in mind. Make sure that you name a guardian who will care for them into adulthood. Establish how you want your children to inherit your estate, whether it is through investments or trusts. Choosing the guardian of your children is very important. Be sure that whomever you name is aware of and willing to take on the responsibility. You may want to also take into consideration their age and health.
Periodically review your plan (especially in the case of divorce or death of a spouse or beneficiary). Your estate will change over time. Do not assume that what you set up five years ago will be what is best for your present estate. Money grows, investments change, you may downsize your housing needs – reassess your plan and make the changes in writing.
See this Amp at http://amplify.com/u/ki8e
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