Nacol Law Firm PC

2011-04-14T13:59:00.001-05:00

Gov't orders 14 lenders to reimburse homeowners! http://dld.bz/W78f Mistaken Bank Disorganization causes Foreclosures! http://dld.bz/5Ewv http://amplify.com/u/bz3eo

2011-03-11T15:10:00.001-06:00

@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

2011-03-11T14:22:00.001-06:00

@cnnmoney.com: The Job Interview Top 10 myths! THE EMPLOYMENT AGREEMENT: important for you! http://dld.bz/brBA http://amplify.com/u/bty1i

2011-03-11T12:39:00.001-06:00

@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

2011-03-04T10:32:00.001-06:00

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

2011-03-04T09:51:00.001-06:00

@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

2011-03-01T10:01:00.001-06:00

@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

2011-03-01T09:08:00.001-06:00

@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

2011-03-01T08:20:00.001-06:00

@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

2011-02-28T14:12:00.001-06:00

@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

2011-02-28T13:56:00.001-06:00

@huffingtonpost.com: US Banks, Improper Foreclosure Practice Punishment coming! Mistaken Foreclosure: Bank Disorganization http://dld.bz/5Ewv http://amplify.com/u/bs1sw

2011-02-24T14:29:00.001-06:00

@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

2011-02-24T13:36:00.001-06:00

@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

Defining Real Estate Documents (Property Deeds, Deeds of Trust, & Real Estate Lien Note (Promissor

2011-02-22T13:06:00.001-06:00

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

See this Amp at http://amplify.com/u/brd00

2011-02-21T15:43:00.001-06:00

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

2011-02-21T15:11:00.001-06:00

@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

2011-02-21T13:34:00.001-06:00

@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

2011-02-18T13:20:00.001-06:00

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

2011-02-18T12:43:00.001-06:00

@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

2011-02-17T12:18:00.001-06:00

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

2011-02-17T11:57:00.001-06:00

@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

My Divorce is Costing Me What? Why is This Divorce Costing So Much?

2011-02-16T15:35:00.001-06:00

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.

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2011-02-15T14:40:00.001-06:00

Divorce is affected by our actions! What Goes Around Comes Around! http://dld.bz/NcQs Great article! Nacollawfirmblog.com http://amplify.com/u/bqcf0

My Children Are My Main Priority: Effective Co-Parenting

2011-02-14T14:22:00.001-06:00

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

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2011-02-11T12:16:00.001-06:00

@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

2011-02-11T10:36:00.001-06:00

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

2011-02-10T12:53:00.001-06:00

@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

2011-02-10T11:20:00.001-06:00

@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

Contract Review:Proper Form to Prevent Future Breach

2011-02-09T15:46:00.001-06:00

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.

See this Amp at http://amplify.com/u/apnme

2011-02-09T14:03:00.001-06:00

@WSJ.com: White House Plans to Revamp Mortgage Market! By All Means Stop the Foreclosure! http://dld.bz/MbMr http://amplify.com/u/apmup

2011-02-09T12:19:00.001-06:00

Huffingtonpost.com: Ex Penn. Governor Rendell & Wife are divorcing after 40 Years! Baby Boomers & Divorce! http://dld.bz/g3xp http://amplify.com/u/apltl

2011-02-09T11:51:00.001-06:00

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

2011-02-07T12:44:00.001-06:00

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

2011-02-07T11:12:00.001-06:00

huffingtonpost.com: Does Divorce Hit Women Harder Than Men? How does divorce make you feel? http://dld.bz/kvQG http://amplify.com/u/ap7nv

2011-02-07T09:30:00.001-06:00

Huffingtonpost.com: Child Support Myths & Legends! Texas Child Support Guidelines! http://dld.bz/bsN4 http://amplify.com/u/ap7a9

2011-02-04T13:30:00.001-06:00

Huffingtonpost.com: Recession Caused First Ever Child Support Payment Decline! Texas Child Support Questions & Answers http://dld.bz/3trY http://amplify.com/u/aohtu

2011-02-04T13:00:00.001-06:00

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

2011-02-03T10:59:00.001-06:00

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

2011-02-03T10:03:00.001-06:00

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

2011-02-03T09:43:00.001-06:00

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

2011-02-01T15:31:00.001-06:00

Huffingtonpost.com: Repeal Home Affordable Modification Program (HAMP) Now! Bank Disorganization-Mistaken Foreclosure http://dld.bz/5Ewv http://amplify.com/u/ao6vr

2011-01-31T12:13:00.001-06:00

Huffingtonpost.com: Are You Caught In A Never Ending Divorce? Divorce Wars/Legal Strategies & Myths! http://dld.bz/e7Ta http://amplify.com/u/ao4kj

2011-01-31T10:06:00.001-06:00

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

2011-01-31T09:43:00.001-06:00

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.

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2011-01-28T14:12:00.001-06:00

Huffingtonpost.com: 10 Lessons My Parents' Divorces Taught Me! Divorce Trial Strategy: Constructive or Nonproductive? http://dld.bz/k97y http://amplify.com/u/anv77

2011-01-24T13:12:00.001-06:00

Fortune Magazine: 'Mass Affluent' are strapped too, Bank of America finds! CHAPTER 7: Consumer Bankruptcy http://dld.bz/aGs6 http://amplify.com/u/animd

2011-01-24T11:55:00.001-06:00

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

2011-01-24T10:46:00.001-06:00

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

2011-01-21T16:59:00.001-06:00

Bankrate.com: Can you divorce your spouse's debt? Divorce: What is separate & community property? http://dld.bz/wCt2 http://amplify.com/u/bna6c

2011-01-20T12:22:00.001-06:00

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

Pitfalls of Pro Se Legal Representation

2011-01-19T13:35:00.001-06:00

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.

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2011-01-19T11:43:00.001-06:00

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

2011-01-17T13:40:00.001-06:00

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

2011-01-17T12:56:00.001-06:00

CNNmoney.com: Own a business? 6 new tax breaks! Debt Recovery Concerns for your Business ? http://dld.bz/e8bR http://amplify.com/u/bmefw

2011-01-17T11:02:00.001-06:00

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

2011-01-13T13:55:00.001-06:00

Huffington Post: Post-Divorce Advice: Child Support Problems? Texas Divorce: Texas Child Support Questions & Answers. http://dld.bz/3trY http://amplify.com/u/blte9

2011-01-13T13:23:00.001-06:00

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

Same-Sex Marriages in Texas

2011-01-12T16:01:00.001-06:00

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.

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2011-01-10T15:57:00.001-06:00

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

2011-01-10T14:43:00.001-06:00

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

2011-01-07T14:32:00.001-06:00

Huffington Divorce: Some Major Divorce Myths Debunked! What about Baby Boomers and Divorce? http://dld.bz/g3xp http://amplify.com/u/bkva4

2011-01-07T11:26:00.001-06:00

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

2011-01-06T14:59:00.001-06:00

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

2011-01-05T16:02:00.001-06:00

China Planning Marriage Cheaters Website! http://dld.bz/EreR Great Idea for the US?? Nacollawfirmblog.com & Fathersrightsdallas.com http://amplify.com/u/bknjs

2011-01-05T15:22:00.001-06:00

HuffingtonPost Divorce: Financial Affairs Still Married but Want Divorce? Cohabitation & Domestic Partnership Agreements? http://dld.bz/7AJz http://amplify.com/u/bknhb

2011-01-05T14:47:00.001-06:00

Huffington Post: Father's Italian Custody Battle Continues! Parental Alienation & False Domestic Violence Allegations http://dld.bz/gtP6 http://amplify.com/u/bkneq

2011-01-04T13:46:00.001-06:00

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

2011-01-04T12:16:00.001-06:00

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.

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2010-12-31T14:01:00.001-06:00

HuffingtonPostdivorce: Top 10 Divorce Issues Of The Decade! Simple Things Make a Differnce in Preventive Legal Care! http://dld.bz/fWeG http://amplify.com/u/k5ml

2010-12-28T13:48:00.001-06:00

Huffington Post: 7 Major Ways to Avoid a "Celerbrity Divorce"! Cohabitation & Domestic Partnership Agreements. http://dld.bz/7CBR http://amplify.com/u/jvdd

2010-12-28T13:24:00.001-06:00

Are You Thinking about 2011 and Possible Divorce? Questions on Texas Divorce and Child Support? We May Have The Answers! http://dld.bz/3trY http://amplify.com/u/jv9l

2010-12-28T09:35:00.001-06:00

My Wife & I were happy for 20 Years. Then We Met. -Henny Youngman Cohabitation & Domestic Partnership Agreements: Texas! http://dld.bz/7AJz http://amplify.com/u/jtxt

2010-12-28T08:34:00.001-06:00

Are there Parental Alienation and False & Malicious Domestic Violence Allegations? Tis The Season! http://dld.bz/gtP6 http://amplify.com/u/jtjn

2010-12-22T12:06:00.001-06:00

Tis the Season! Are there Parental Alienation and False & Malicious Domestic Violence Allegations Happening? http://dld.bz/gtP6 http://amplify.com/u/j5di

Torn Apart: Children and Divorce

2010-12-21T14:03:00.001-06:00

Despite the difficulties faced in a divorce, the children should not be placed in the center of the crossfire. During the divorce process, and sometimes following the divorce process, it is not uncommon for a parent to become so wrapped up in anger, vengeance or simply being “right” that they forget the effect the whole process is having on the children. Below are some behaviors to avoid and some suggestions to assist you with improving your communications during the divorce process:

1. Do not use children as messengers between “mom” and “dad.”

2. Do not criticize your former spouse in the presence of your children because children realize they are part “mom” and part “dad.”

3. Resist any temptation to allow your children to act as your caretaker. Children need to be allowed the freedom to be “children.” Taking on such responsibility at an early age degrades their self-esteem, feeds anger and hinders a child’s ability to relate to their peers.

4. Encourage your children to see your former spouse frequently. Promote a good relationship for the benefit of the child.

5. Do not argue with your former spouse in the presence of the children. No matter what the situation, the child will feel torn between taking “mommy’s” side and “daddy’s” side.

6. At every step during the divorce process, remind yourself that your children’s interests are paramount, even over your own.

7. If you are the non-primary parent, pay your child support.

8. If you are the primary parent and are not receiving child support, do not tell your children. This feeds a child’s sense of abandonment and erodes their stability.

9. Remember that the Court’s view child support and child custody as two separate and distinct issues. Children do not understand whether “mommy” and/or “daddy” paid child support, but they do understand that “mommy” and/or “daddy” wants to see me.

10. If at all possible, do not uproot your children. When a family is falling apart, a child needs a stable home and school life to buffer the trauma.

11. If you have an addiction problem, whether it be drugs, alcohol or any other affliction, seek help immediately. Such impairments inhibit your ability to reassure your children and give them the attention they need.

12.If you are having difficulty dealing with issues relating to your former spouse, discuss such issues with mental health professionals and counselors.

13.Reassure your children that they are loved and that they have no fault in the divorce.

Though these steps are not all-inclusive, they will assist you in dealing with the complex issues of a divorce and hopefully minimize the impact of the divorce process on the children.

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2010-12-20T13:56:00.001-06:00

HuffingtonPost.com: David Goldman's new Book on his horrible Child Custody Battle! Fathers & Parent Alienation Syndrome http://dld.bz/bYmQ http://amplify.com/u/iz38

2010-12-17T13:22:00.001-06:00

Huffingtonpost.com: What are the Most Annoying Post-Divorce Questions? How Does Divorce make you feel? http://dld.bz/kvQG http://amplify.com/u/io23

2010-12-17T12:51:00.001-06:00

USmagazine.com: 2010 Cheating Scandals of The Year! Texas & Federal Confidentiality Laws: Use Caution with Your Divorce! http://dld.bz/aHbu http://amplify.com/u/io0l

STAY AT HOME DADS – A Shift in the Trend!

2010-12-17T12:01:00.001-06:00

If you turn on the television you will see a Mother seeing Dad off to work and then tending to the children and baking some brownies for the upcoming bake sale. In actuality, such a lifestyle in America rarely reflects the real modern day family.

The number of stay-at-home dads has increased in popularity and occurrence over the years and is notably on the rise in Texas. Could a reversal of old traditional roles be on the increase in this recession? Women are less affected by layoffs and have a better legal posture due to Affirmative Action. Recent studies from the Pew Research Center found a third of all wives earn more than their husbands. Or, is it simply a honest and legitimate desire for some men who recently became fathers in the past decade to be the primary caregiver? Whatever the reason is, many men enjoy it, and many current studies are positively supporting this untraditional position.

Researchers and psychologists are finding a father’s role to be as or more influential than that of a mother in the first five years of the child’s development and that fathers play a key role in the “gender” role identification of their children. Some proclaim that having the dad as the primary caretaker properly prepares children for life lessons. Mothers reassure their small ones during a frustrating situation, while fathers encourage their little ones to manage the situation. Statistics have shown that children are smarter with a stay-at-home dad and are less likely to focus on gender issues, such as a “No Boys Allowed” sign outside their bedroom door. A father’s guidance can promote a greater level of curiosity, greater emotional balance, and a stronger sense of confidence. The Center for Successful Fathering in Austin, Texas cites that fathers who are an active participant in parenting produce children who makes higher grades, have greater ambition, show fewer anxiety disorders, and enjoy a reduced risk of juvenile delinquency or teen pregnancy.

Mothers are getting a pretty good deal as well. They have the security in knowing that their babies are being looked after by a loved one. This relieves stress and worry that occurs while children are in day care. Apart from the safety and family treatment of their children, mothers know that a strong bond is forming between their little one and dad. Fathers who work outside the home sometimes have a difficult time connecting with their babies, but that doesn’t appear to hold true for mothers. Mothers can build bonds despite working outside of the home and not spending as much time with their children. No one can be 100% sure why this holds true, it just appears to be the case. Mothers can also find comfort in knowing that the fathers will instill values. Its one thing knowing your child is being molded by someone else’s values; it’s quite another knowing you are paying top dollar for it. Fortune Magazine reported that over a third of its “50 Most Powerful Women in Business” had a stay-at-home spouse.

As far as social integration, stay-at-home dads may have an advantage. For example, at school the “alpha” mom doesn’t feel threaten by a dad taking a leading role in the PTA, nor does a dad feel like he has to compete with the “alpha” mom. People are more likely to cater to a father when he walks into a store with his children, whereas if the mom walks in with kids she often receives a look like: Please don’t let her children break anything.

What are the disadvantages of dad staying at home? A father who chooses to stay home and not work may suffer from the employment gap. Future potential employers may think they have lost or reduced their business skills and expertise when trying to reenter the work field. Alternatively, not all dads who stay home choose not to work. The numbers of stay-at-home dads consist of not only fathers who do not work, but also fathers who work part time or work from their homes. Another disadvantage may be that the arrangement is simply not financially workable, so the family may struggle with implementing their decision.

The mom stays at home trend has shifted and the growing idea of Stay-At-Home Dads is becoming an accepted reality in today’s world. In the next five years, you may turn on the television and see dad seeing mom off to work and then tending to the children, and possibly even baking some brownies for the upcoming bake sale.

Stay-at- home dads are still fighting old myths and prejudices, but make no mistake: kids are in very good hands with dad.

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2010-12-16T14:12:00.001-06:00

CNNMoney.com: Record plunge in foreclosures, thanks to robo-signers! BY ALL MEANS STOP THE FORECLOSURE! http://dld.bz/avJv http://amplify.com/u/ikii

Father’s Rights: Visitation Enforcement

2010-12-15T14:14:00.001-06:00

What is needed for visitation enforcement?

1.A valid court order that has been signed by a judge or issued by the district clerk’s office, certified as having been signed by a judge.

2.Be sure to read your order thoroughly. If you do not understand any of the provisions, take it to an attorney and have them explain it to you.

3.The custodial parent must have been validly served with the court order or it must be shown that the they had prior knowledge of the court order and its content.

4.The custodial parent must have full knowledge of the above two factors and must be intentionally and willfully violating the court order.

Despite the fact that you may have a valid court order, many police departments do not want to get involved in enforcing civil orders. If you call the police department and show them the order they may or may not assist you in gaining access to your children. Despite whether you get your children or not, you need to ask them to create a police report stating that you were there to pick up your children and noting the time and date you were present. If the police refuse to prepare a report, go to a local grocery store or fast food restaurant and purchase something so that you have a receipt stating that you were in the area and stating the date and time you were there.

How to prove a denial of visitation.

Take a witness along with you – preferably an off-duty constable or deputy or neutral party. Have your witness stay in the vehicle, but with the window down so that he/she can hear any conversations that take place. Have your vehicle parked in such a way that the witness can see you at all times.

Take a copy of your divorce decree along with you which shows you are suppose to have possession of your children on the date and time you arrive to pick them up.

Always be on time, and if possible a few minutes early.

If the custodial parent does not answer the door or have the child available to exercise visitation then call the police and request a Police Incident Report. If the police will not issue a police report then make sure you document the incident as best as possible. After two or three violations, take the reports, along with any witness statements, to an attorney to discuss how to bring an enforcement action against the custodial parent who is violating the order.

Take a tape recorder with you, have it running from the time you approach the residence, and do not stop it until you leave. Keep the tape recorder running as you leave the area.

As you approach the residence state the following facts in the recorder: your complete name, the address you are approaching, the reason you are there “I am going to pick up my children as stated in the final decree,” state who is with you and why, state the time of day, state when you are leaving and a brief description of what occurred. Keep a written record of each recording and label them according to date.

Keep a calendar of each denied visitation.

Make sure you have a credible witness each time you try to exercise your possession with your children.

Do not argue with your exhibit-spouse regardless of how angry you are or whether you get your children or not. Staying calm will work in your favor in the long run.

If you file an enforcement action, if the custodial parent continues to deny you visitation after the suit is brought, continue to go and knock on the door to exercise your visitation, as each separate violation of the court order can be used in the enforcement action.

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I Need A Father – (A Fathers Role in Child Custody)

2010-12-13T15:18:00.001-06:00

The number of fathers caring for their children is growing at a rate almost twice that of single mothers. The bottom line is more men are choosing to be hands-on fathers. In addition, presumed joint custody — or shared custody by both parents of children of divorce — is now the law of the land in most states.

Scores of research have documented the positive effects of a father’s involvement in a child’s life. Regrettably, currently approximately 30% of American children live without their father’s involvement in their life.

As the number of women in the work force has increased, some men appear to have become more involved in fatherhood and show greater interest in child-care responsibilities. With more women in the workplace than ever before — 68% of women with children under 18 — divorce courts in most states are not simply awarding custody and care of children to mothers by default. In some cases, the mother has neither the time, nor the will, to care full time for her offspring. In other cases, she may not have the financial means. The gradual progress towards leveling the playing field for women at work has resulted in slowly leveling the playing field at home. The law is beginning to catch up as well. Divorce laws of more and more states are taking into account the importance of children maintaining relationships with dads as well as moms after divorce.

Following is a sample of what other sources have had to say about the risks faced by fatherless children:

•63% of youth suicides are from fatherless homes (Source: U.S. D.H.H.S., Bureau of the Census)
•85% of all children that exhibit behavioral disorders come from fatherless homes (Source: Center for Disease Control)
•80% of rapists motivated with displaced anger come from fatherless homes (Source: Criminal Justice & Behavior, Vol 14, p. 403-26, 1978.)
•71% of all high school dropouts come from fatherless homes (Source: National Principals Association Report on the State of High Schools.)
•70% of juveniles in state-operated institutions come from fatherless homes (Source: U.S. Dept. of Justice, Special Report, Sept 1988)
•85% of all youths sitting in prisons grew up in a fatherless home (Source: Fulton Co. Georgia jail populations, Texas Dept. of Corrections 1992)
After economic factors are excluded, children reared in fatherless homes are more than twice as likely to become male adolescent delinquents or teen mothers.

Recent studies have suggested that children whose fathers are actively involved with them from birth are more likely to be emotionally secure, confident in exploring their surroundings, have better social connections with peers as they grow older, are less likely to get in trouble at home and at school, and are less likely to use drugs and alcohol. Children with fathers who are nurturing, involved, and playful also turn out to have higher IQs and better linguistic and cognitive capacities.

The divorce process is difficult for all involved. It is far better for the children if the parents are able and willing to place them outside of difficult divorce issues. Children want to run and laugh and play. In many cases they are not mature enough to process adult issues. Keep heated issues between the adults and away from hearing range of the children. No matter how angry a parent is, they should promote the children viewing the other parent in a positive light. Children need positive role models. Even if a parent feels the other parent has wronged them, it is just as wrong for that parent to take away the ability for their children to have a parent they can be proud of and look up to.

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2010-12-13T11:19:00.001-06:00

DallasMorningnews: Dallas Billionaire Andy Beal's Messy Divorce! Texas & Federal Confidentiality Laws: Divorce Caution! http://dld.bz/aHbu http://amplify.com/u/ib5n

Step-parent Conflict: Put the Kids First

2010-12-09T15:22:00.001-06:00

Step-parent Conflict: Put the Kids First

Thirty seven percent of families in the United States are blended families. Sixty percent of second marriages end in divorce. A biological parent has his hands full, but as most step-parents will tell you, their job is even more complicated.

Following a divorce, it is not uncommon for a new step-parent to become the target of unprovoked spite or anger. In many cases, the previous-spouse harbors unfounded fears that their child will look to a new step-parent as a mother or father replacement figure. This can engender resentment to what may already be an uncomfortable situation between parties. Regretfully, these issues often escalate very quickly. Such resentments place the children squarely in the middle of a bitter fight between the people they love the most and are not healthy for anyone involved. The pain of conflicting loyalties to each parent and a child’s feeling of being “caught in the middle” of such disputes exacts an enormous emotional toll on a child. When a parent is in a rage, it is not uncommon for a child to withdraw. The child’s behavior towards the non-primary parent may abruptly change. This change in behavior may have more to do with keeping the primary parent happy than it does with how they really feel about the non-primary parent or step-parent. It is essential that you make it clear to your child that you love them and will always be there for them, regardless of the emotional or less than rosy current circumstances.

It is crucial to a child’s self-esteem and emotional growth that parents avoid putting children in the middle of such disputes. This can be incredibly difficult, however, when a selfish or manipulative parent does not think twice about wrongfully placing his or her child in the middle of conflict. Children are very perceptive and as they grow older they will ultimately realize when a parent has lied to them and used them for their own emotional or financial gain. Though they may temporarily identify with the aggressors, in time they will deeply resent the parent who has manipulated them.

Regardless of the circumstances, it is critical that biological parents avoid arguments or conflicts in the presence of the children. Such conduct is conducive to parental alienation goals of the misguided previous spouse. If the child sees that you maintain a calm and collected demeanor, it gives them reason to pause and feel safe.

If a previous spouse is making statements to the child regarding issues that should only be discussed between adults, tell the child that such discussions are inappropriate and you will take them up with the other parent at another time.

It is ok to tell your child “I am sorry,” if they are upset, even if you are not the parent upsetting them. This validates that they are hurting and relieves any false guilt they may have over things that are being said and done when you are not present. It is sometimes helpful to use everyday situations to explain conflict to your child. As an example, when dealing with conflict explain that “brothers and sisters fight, but they still love each other. Families have to work through conflict in order to stay together. I would not leave you if you made a mistake, I would not want you to leave me.” Such statements reinforces that reasonable conflict is ok and assures the child that you will remain a constant force in their life regardless of the situation.

If you feel that the conflict has escalated to a point of becoming emotionally abusive and/or destructive to the child, consult an attorney. It may be in the best interest of the child that he or she be removed from the primary parent and placed with the non-primary parent so that he or she is allowed to love all parental figures, parents and step-parents alike, unconditionally

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2010-12-06T14:44:00.001-06:00

HuffingtonPost: TAKE OUT A LOAN? Divorce Investment Firms Fund Cases For A Cut! Divorce Wars/Legal Strategies & Myths! http://dld.bz/e7Ta http://amplify.com/u/hr78

2010-12-06T14:30:00.001-06:00

Huffingtonpost: Growing 'Marriage Gap' In The State of Our Unions! Think Cohabitation & Domestic Partnership Agreements! http://dld.bz/7CBR http://amplify.com/u/hr69

2010-12-03T10:35:00.001-06:00

Huffinton Post: TV's Law & Order Tackles PARENTAL ALIENATION! Fathers & Parent Alienation Syndrome. What is it? http://dld.bz/bYmQ http://amplify.com/u/hd95

Torn Apart: Children and Divorce

2010-12-03T09:40:00.001-06:00

Despite the difficulties faced in a divorce, the children should not be placed in the center of the crossfire. During the divorce process, and sometimes following the divorce process, it is not uncommon for a parent to become so wrapped up in anger, vengeance or simply being “right” that they forget the effect the whole process is having on the children. Below are some behaviors to avoid and some suggestions to assist you with improving your communications during the divorce process:

1.Do not use children as messengers between “mom” and “dad.”

2.Do not criticize your former spouse in the presence of your children because children realize they are part “mom” and part “dad.”

3.Resist any temptation to allow your children to act as your caretaker. Children need to be allowed the freedom to be “children.” Taking on such responsibility at an early age degrades their self-esteem, feeds anger and hinders a child’s ability to relate to their peers.

4.Encourage your children to see your former spouse frequently. Promote a good relationship for the benefit of the child.

5.Do not argue with your former spouse in the presence of the children. No matter what the situation, the child will feel torn between taking “mommy’s” side and “daddy’s” side.

6. At every step during the divorce process, remind yourself that your children’s interests are paramount, even over your own.

7. If you are the non-primary parent, pay your child support.

8. If you are the primary parent and are not receiving child support, do not tell your children. This feeds a child’s sense of abandonment and erodes their stability.

9. Remember that the Court’s view child support and child custody as two separate and distinct issues. Children do not understand whether “mommy” and/or “daddy” paid child support, but they do understand that “mommy” and/or “daddy” wants to see me.

10.If at all possible, do not uproot your children. When a family is falling apart, a child needs a stable home and school life to buffer the trauma.

11.If you have an addiction problem, whether it be drugs, alcohol or any other affliction, seek help immediately. Such impairments inhibit your ability to reassure your children and give them the attention they need.

12.If you are having difficulty dealing with issues relating to your former spouse, discuss such issues with mental health professionals and counselors.

13.Reassure your children that they are loved and that they have no fault in the divorce.

Though these steps are not all-inclusive, they will assist you in dealing with the complex issues of a divorce and hopefully minimize the impact of the divorce process on the children.

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2010-12-01T17:00:00.001-06:00

HuffingtonPost: MIDLIFE MADNESS! DO YOU KNOW WHAT YOU ARE DOING? Baby Boomers and Divorce! http://dld.bz/g3xp http://amplify.com/u/h3ah

2010-12-01T13:52:00.001-06:00

CNNMoney.com: What Are 5 Business Killers? What about Sealing the Deal with Business Contracts? http://dld.bz/8P93 http://amplify.com/u/h2mt

2010-11-30T11:32:00.001-06:00

HuffingtonPost: Do You Need Cohabitation Agreement w/Partner? Cohabitation & Domestic Partnership Agreements in Texas. http://dld.bz/7AJz http://amplify.com/u/gwjd

2010-11-23T13:50:00.001-06:00

Huffington Post: Remarried Dads Owe Their Stepmom Wives Six Things! Step-parent Conflict: Put the Kids First! http://dld.bz/eptT http://amplify.com/u/fy4r

2010-11-23T12:08:00.001-06:00

Dailyfinance.com: Countrywide's Mortgage Error Could Doom Bank of America! Mistaken Foreclosure: Bank Disorganization! http://dld.bz/5Ewv http://amplify.com/u/fy04

Cohabitation and Domestic Partnership Agreements in Texas

2010-11-22T15:54:00.001-06:00

Premarital and post-marital agreements in Texas have a complex history immersed in the community property presumption, the sate constitution, statutes and case law. Originally, such agreements were found to be unenforceable. But with amendments to the Texas Constitution, evolving statutes, recent case law, and improved draftsmanship, such agreements are now enforceable under contract law.

For some couples living together is a precursor to marriage; for others, there is no intent to ever marry, or the law prohibits the marriage, as in Texas with same sex marriages. The simple fact is, domestic partnership agreements involve a wide variety of circumstances, which may or may not involve the gay or lesbian couple.

Many couples choose to live together so they do not lose certain benefits under current rules of social security, military and insurance disability programs, or to stop those benefits from being taken away from their children. In other cases, couples who are divorced, and who may have children, may want to protect certain assets. In situations such as trust funds or inherited funds, beneficiaries simply do not want to place family money at risk. Other couples choose to shelter their own resources from the real or perceived obligations of their partner.

The marital agreement is considered to be a contract under Texas law. The premarital agreement must be in writing and signed by both parties. No actual consideration is required; however, to conform with contractual law, it may be wise to provide benefits for the non-monied party to avoid a later finding of unconscionability, particularly if the financial condition of the non-monied party under the agreement will be poor.

Matters that may be dealt with in a premarital agreement include, but are not limited to, the following:

1. the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

2. the rights and obligations of each of the parties in any of the property of either or both of them whenever or wherever acquired or located;

3. the disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;

4. the modification or elimination of spousal support;

5. the making of a will, trust, or other arrangement to carry out the provisions of the agreement;

6. the ownership rights in and disposition of the death benefit from a life insurance policy;

7. the choice of law governing the construction of the agreement; and

8. any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

Child support may not be adversely affected by a premarital agreement. Therefore, provisions providing for the elimination of child support upon separation or divorce are unenforceable. However, provisions for private education, college expenses, and choice of residence may be included, but may still be reviewed by a court to determine if they are in keeping with public policy.

In post-marital agreements, it has been noted that a fiduciary duty exists that is not present in pre-marital agreements between spouses or prospective spouses. Case law states that a confidential relationship between husband and wife imposes the same duties of good faith and fair dealing on spouses as required of partners and other fiduciaries. However, adverse parties who have retained independent counsel may not owe fiduciary duties to one another. Texas Legislature enacted Section 4.105 with the understanding that married spouses owing fiduciary duties to one another would negotiate and execute post-marital agreements. Not withstanding these duties, the legislature manifested the strong policy preference that voluntarily made post-marital agreements are enforceable.
Cohabitation, domestic partnership, premarital and post-marital agreements may be as creative as a party determines necessary. However, care must be given to see that such agreements protect the party, keep with public policy, and adhere to current Texas family law and applicable contractual law.

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2010-11-18T12:48:00.001-06:00

Huffington Post: Woman Sues Debt Collectors for Alleged Facebook Harassment! BEWARE: Social Networking Sites & the Law! http://dld.bz/aePx http://amplify.com/u/fiqi

2010-11-17T15:20:00.001-06:00

Top Ten 'Must Knows' for Divorced Dads! http://dld.bz/6SZS Wonderful Article every Dad should read! Fathersrightsdallas.com http://amplify.com/u/fgvx

2010-11-16T15:04:00.001-06:00

Huffington Post: Michael Douglas' Ex loses Court Case on 'Wall Street' Earnings! Texas Spousal Support: Post Divorce Maintenance? http://dld.bz/eT7s http://amplify.com/u/fcyv

2010-11-15T13:20:00.001-06:00

Huffington Post: Shocking Statements From Alleged Foreclosure 'Robo-Signers'! Improper Foreclosure: Know Your Rights! http://dld.bz/55gE http://amplify.com/u/fa44

2010-11-15T12:19:00.001-06:00

Huffington Post: Joe Simpson Reacts To Jessica's Engagement, Prenup Stance! What About Prenuptial Agreements? http://dld.bz/67Qc http://amplify.com/u/fa0s

BEWARE: Social Networking Sites and the Law

2010-11-11T14:48:00.001-06:00

Social Networking Sites originated in the mid-1990’s, but only recently began to expand across the web. Two of the largest social networking sites are MySpace (with over 118 million members) and Facebook (with over 120 million members).

The concept of social networking is easy enough. You begin by filling out a profile, then you look for people you know. When you find someone, you click to add him or her as a friend. Once this is done, you can see who your friends know, who your friends’ friends know, and so on. Social networking is a wonderful avenue for connecting with persons across the globe, but must be done with caution. Keep in mind, pictures, comments, and other information placed on your site may be accessed in any number of ways and may upon proper predicate be used against you in litigation.

Family law practitioners can uncover a wealth of information using social networking sites. Many firms are now making it routine to perform MySpace, Facebook and Match.com searches to see if they can obtain useful information on the opposing party, witnesses, or experts. Such diligence has paid off in some cases. In one case in particular, pictures were discovered of a wife’s sexually explicit boasts on her boyfriend’s MySpace page. The evidence obtained assisted lawyers in securing child custody for the husband. In another case, an attorney was able to undermine an opposing spouse’s credibility when she confronted him with his MySpace page describing him as “single and looking.” While yet another case was won because a husband presented himself as “divorced” and gave a long description of the type of woman he wanted to meet. Information obtained from these sites can be very useful when counsel is trying to provide proof of a spouse’s infidelity. Therefore, is important to carefully and periodically monitor what you place on your social networking site.

Social network evidence may in most cases also be used in child custody cases. Pictures of a parent in various compromising situations while a child or children are in the parent’s custody can present a major problem in a custody lawsuit. Partying, drinking, and negative statements about children used on social networking sites can be offered as evidence in Court. Parents should use caution when placing pictures and other information on their social networking site.

Keep in mind that your employer can access your social networking site. In one case, a partner in one of Dallas’s larger law firms used MySpace and Facebook to uncover details of a client’s former employee and her plans to circumvent a non-compete agreement.

Social networking has also been used in sexual harassment cases. In Houston, Texas, a plaintiff was portrayed as a modest, innocent “wannabe nun.” The opposing counsel found a MySpace page that painted a very different picture of a plaintiff, with numerous photos of her in scanty or provocative attire and engaged in suggestive horseplay at bars and with friends.

Evidence obtained from social networking sites has been used in personal injury and in criminal cases. Attorneys are running cyber checks on jury pools. Many firms are running cyber searches on new clients, witnesses, opposing parties and experts.

In the ever growing and expanding world of cyberspace, it is becoming increasingly important that you inform your counsel of any and all internet usage, sites and blogs which you have joined or participated in so that they may represent you and be properly prepared.

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