legal blog

Tracing Defined When a married couple in Texas divorces , all of their property must be classified as either community property or separate property. Because one spouse’s separate property is usually not subject to division by a court and remains their separate property after the divorce, this categorization can be very important. However, the spouse claiming something as their separate property has the burden of proving that fact to the court. Take this example: Wife bough

If you’re involved in an acrimonious divorce or custody case , one of your keys to winning will be gathering evidence. However, in doing so, it’s important not to expose yourself to criminal or civil liability. In a previous blog post, we discussed how wiretapping laws could play a role in Texas divorce and custody cases. Today, we’re looking at similar laws - the Federal Stored Communications Act, or FSCA, and the Texas Stored Communications Act, or TSCA. The TSCA largely m

When contemplating or going through a divorce, spouses are often tempted to gather potentially useful information on one another. But every person in Texas has a right to privacy, and there is no exception for spouses or co-parents. Unless you’re careful to follow the law, evidence gathering can lead you to invade the privacy of your soon-to-be ex. Doing this will not only make the divorce more contentious but may also give your ex-spouse a separate cause of action against yo

Oftentimes, when spouses are involved in a contentious divorce or custody action, many fact issues can come down to he said/she said arguments. To avoid that, some people consider recording their conversations with their former partners. However, before doing so, it’s important to understand the legal and ethical issues involved. There is both a Texas state law and a federal statute that address this issue. The federal law is called the Federal Wiretap Act, and it prohibit

When a married Texas couple divorces, the Court is responsible for dividing any community property between the former spouses in a “just and right” manner. Though that can result in a 50-50 split between the spouses, that is far from required. In fact, a just and right division can just as easily result in one spouse receiving a disproportionate share of the property. Generally speaking, the trial judge has wide latitude and discretion in awarding marital assets . If it bel

In a Texas divorce , all of a couple’s property must be classified as either community property or separate property. Because one spouse’s separate property is usually not subject to division by a court and remains their separate property after the divorce, this categorization can be very important. However, the spouse claiming something as their separate property has the burden of proving that fact to the court. Ownership of a business entirely or in part is considered prop