Archive for September, 2017

Texas Family Law Attorney Talks About Premarital Agreements

Friday, September 22nd, 2017

Did you know that years ago, couples who planned to marry in Texas could not make premarital agreements? Premarital agreements are becoming more and more commonplace among modern couples, so it can be hard to believe that there was ever a time where couples could not enter into them. The Texas Constitution prohibited all couples, both those who were married and those who were anticipating marriage, from making any agreement that would change the character of their marital property.

Married couples were the first to be permitted to make agreements regarding their marital (community) property. In 1948, the Texas Constitution got amended to permit spouses to contract with each other to designate some or all of their community property as separate property via a document called a marital agreement. Couples who were not yet married could not contract with each other regarding marital property until 1980. Since 1980, the process for contracting with a future spouse regarding ownership of property has evolved into a strict set of requirements that are set out in the Texas Family Code and the Texas Constitution.

If you plan to marry in Texas, you may create a premarital agreement. As with anything else, the key to knowing whether something will benefit you is understanding more about it. For example, a couple who is anticipating marriage would want to know why some couples choose to have them to determine for themselves whether they need one.

Premarital agreements can serve a few different purposes, including limiting future alimony, preserving family assets, ensuring specific parenting practices, clarifying tax obligations, and setting forth the parties’ rights and duties during the marriage, among other things. While there seem to be few boundaries on what you can put in a premarital agreement, please know that there are some limitations. You and your future spouse may not contract to do things that violate any criminal laws or that go against established public policy.

It might also be useful for you and your future spouse to understand who typically enters into premarital agreements. There is no one specific class or category of people who enter into premarital agreements more often than others. With this in mind, couples who are considering marriage must understand that premarital agreements are only a good idea if both parties want one. A premarital agreement is a legally binding document, so no one should ever enter into one under any circumstance besides wanting to have one because they believe that it will benefit them and their future spouse. For example, if you’re considering it just because your future spouse wants it, because your parents want the two of you to have one, or because their parents want you to get one and you either don’t want one or do not see that it will benefit you, do not enter into the agreement. If you and your future spouse agree that you want to enter into a premarital agreement because it will be good for each of you, then it’s time to work with a Texas Family Law Attorney to explore what you plan to include in your premarital agreement.

If you have questions about your Texas divorce, call (903) 753-7499 today to schedule an initial consultation with Texas Family Law Attorney Alex Tyra. Alternatively, you can visit our web page anytime to submit an online contact form.

 

Texas DWI Defense Attorney Talks About What Defense Attorneys Do

Saturday, September 2nd, 2017

Did you get caught up in a DWI arrest this past weekend in Austin? If so, it’s time for you to learn more about what a Texas DWI Defense Attorney can do for you. The police in the Austin area have expanded their No Refusal DWI initiative, which means that more and more drivers are being stopped, investigated, and sometimes even arrested for DWI. If you are one of those drivers, there is a lot at stake, but there is also something that you can do to give yourself a chance at the best possible outcome in your Texas DWI case.

The “no refusal” initiative allows police to forcefully draw blood from drivers who refuse to voluntarily participate in blood or breath testing by obtaining bench warrants from on-duty magistrate judges. In many areas in Texas, “no refusal” periods take place on a few selected holiday weekends each year. The Austin Police Department declared an every weekend No Refusal DWI initiative starting January 6, 2017, through September 2017, from 10 p.m. to 5 a.m. every Friday and Saturday night through Sunday morning.

Any driver who gets arrested for DWI can benefit from the services of a Texas DWI defense attorney. Your DWI defense attorney can help you understand the charges that you are facing. They can also tell you how a conviction could affect various areas of your life. When you make an appointment to talk with a DWI defense attorney, they will want you to tell them about your DWI arrest.  When an attorney asks you to tell them about your arrest, they are listening for specific details about your arrest that can help them formulate a plan for your defense, should you decide to have them represent you.

It’s possible that your income will qualify you for the services of a public defender. However, it is important that you understand the difference between retaining private counsel for your DWI case and working with one of the state’s public defenders. A public defender is an attorney who is employed by the state.  In contrast, private counsel is an attorney that you select and pay for on your own. All attorneys are licensed professionals and each attorney advocates on behalf of their clients. The main distinction between a public defender and a private attorney is that in Texas, public defenders don’t take part in the administrative license suspension (ALR) process. Any driver who gets charged with DWI must request an ALR hearing to avoid license suspension. Only private counsel may handle those requests and the ALR hearings.

Texas Criminal Defense Attorney Alex Tyra – Standing Up for Texas Defendants

The penalties for DWI can have far-reaching effects on many areas of your life. From transportation to your job to being able to provide transportation to others in your family, qualifying for public benefits, applying for jobs, and finding a place to live, a DWI can require a lot of adjustments to your daily life. Fortunately, a Texas DWI defense attorney can give you the best chance of obtaining a result in your DWI case that will intrude upon your life as little as is possible under your unique circumstances. To learn more about Texas DWI defense, call Texas DWI Defense Attorney Alex Tyra, at (903) 753-7499. You can also connect with us through our online contact form.