Texas Family Law Attorney Answers Three Frequently Asked Divorce Questions

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Divorce is not a one-size-fits-all type of legal proceeding where the divorcing spouses can fill out a few simple forms, attend a hearing, and be done with it. That’s why we urge anyone considering a divorce to avoid products and services that promise an easy, inexpensive, and fast divorce. Too many people have discovered that attempting to resolve a divorce that way can become a nightmarish experience that is complicated, costly, and lengthy. We suggest that you seek counsel from a family law attorney. Your attorney will guide you through the paperwork required for your divorce, and they will help you navigate the process of weighing your options regarding the various aspects of your divorce as you work towards a resolution of your case. The following three questions and answers are things that divorce attorneys are asked about often. Because so many divorcing Texans want to know about these topics, it’s likely that this information will be of use to you, too.

Texas divorce attorneys are often asked whether Texas courts grant no-fault divorces. The answer is yes, but there’s a catch. A couple can obtain a no-fault Texas divorce on the basis of insupportability only if both spouses agree to do so. Insupportability is the word that the Texas courts use to describe a marriage in which disputes and disagreements that cannot be resolved by the spouses have so damaged the relationship between the spouses that the animosity between them is forcing an end to their marriage. If the spouses do not agree to a divorce on the grounds of insupportability, they must choose a fault-based grounds for divorce upon which to base their complaint for divorce. The options for fault-based grounds for divorce in Texas include adultery, conviction of a felony, confinement in a mental hospital, living apart for three or more years, cruelty, and abandonment.

Prospective divorce clients sometimes ask whether they have to be a Texas resident to get a Texas divorce. The answer is yes. However, the time required to establish residency that meets the requirement for divorce is not long. One or both spouses must live in Texas for at least six months before filing for divorce. Also, one of the spouses must live in the county where they are filing for for at least ninety days before filing.

A third question that is often on the minds of Texans who are contemplating divorce is how the distribution of marital property is handled in Texas. Texas is a community property state. Most property acquired by either or both spouses during the marriage is considered part of the couple’s community property that will be divided during the divorce. If a spouse wants to exclude a specific item or asset from the couple’s community property, they must be able to prove to the court by clear and convincing evidence that they either acquired it before the marriage and kept is separate from their community property during the property or that it was given to only one of the spouses during the marriage.

If you are considering divorce, a Texas Family Law Attorney can answer any questions you may have. Call Texas Family Law Attorney Alex Tyra today, at (903) 753-7499 to schedule an initial consultation. You can also schedule your consultation online by using our online contact form.

 

 

 

Texas Family Law Attorney Answers Three Frequently Asked Divorce Questions

/in /by

Divorce is not a one-size-fits-all type of legal proceeding where the divorcing spouses can fill out a few simple forms, attend a hearing, and be done with it. That’s why we urge anyone considering a divorce to avoid products and services that promise an easy, inexpensive, and fast divorce. Too many people have discovered that attempting to resolve a divorce that way can become a nightmarish experience that is complicated, costly, and lengthy. We suggest that you seek counsel from a family law attorney. Your attorney will guide you through the paperwork required for your divorce, and they will help you navigate the process of weighing your options regarding the various aspects of your divorce as you work towards a resolution of your case. The following three questions and answers are things that divorce attorneys are asked about often. Because so many divorcing Texans want to know about these topics, it’s likely that this information will be of use to you, too.

Texas divorce attorneys are often asked whether Texas courts grant no-fault divorces. The answer is yes, but there’s a catch. A couple can obtain a no-fault Texas divorce on the basis of insupportability only if both spouses agree to do so. Insupportability is the word that the Texas courts use to describe a marriage in which disputes and disagreements that cannot be resolved by the spouses have so damaged the relationship between the spouses that the animosity between them is forcing an end to their marriage. If the spouses do not agree to a divorce on the grounds of insupportability, they must choose a fault-based grounds for divorce upon which to base their complaint for divorce. The options for fault-based grounds for divorce in Texas include adultery, conviction of a felony, confinement in a mental hospital, living apart for three or more years, cruelty, and abandonment.

Prospective divorce clients sometimes ask whether they have to be a Texas resident to get a Texas divorce. The answer is yes. However, the time required to establish residency that meets the requirement for divorce is not long. One or both spouses must live in Texas for at least six months before filing for divorce. Also, one of the spouses must live in the county where they are filing for for at least ninety days before filing.

A third question that is often on the minds of Texans who are contemplating divorce is how the distribution of marital property is handled in Texas. Texas is a community property state. Most property acquired by either or both spouses during the marriage is considered part of the couple’s community property that will be divided during the divorce. If a spouse wants to exclude a specific item or asset from the couple’s community property, they must be able to prove to the court by clear and convincing evidence that they either acquired it before the marriage and kept is separate from their community property during the property or that it was given to only one of the spouses during the marriage.

If you are considering divorce, a Texas Family Law Attorney can answer any questions you may have. Call Texas Family Law Attorney Alex Tyra today, at (903) 753-7499 to schedule an initial consultation. You can also schedule your consultation online by using our online contact form.

 

 

 

Texas Criminal Defense Attorney Talks About Competence

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Competence is an issue that can come up in any Texas criminal case, including a DWI case. For court proceedings to be just, a defendant must be competent to stand trial. An individual who is competent to stand trial is both capable of understanding the proceedings that have been brought against them and capable of helping their defense counsel represent them in those proceedings. Capability does not necessarily require a high level of understanding or skill. Instead, it describes an elementary type of intelligence and ability that most people have most of the time.

It is imperative that all criminal and DWI defendants understand that raising the issue of competence is not a defense to the crime that they are charged with. Raising the issue of competence is a tool that a defense attorney can use to ensure that their client’s trial is fair by putting court proceedings on hold until the defendant’s competence is assessed and the court decides whether the defendant can become competent to stand trial. For example, if a defendant is found to have a type of mental impairment that could respond well to therapy, medication or a combination of both, the defendant will be ordered to receive those treatments for a period of time that could enable the treatments to take effect. The case could then proceed to trial once the defendant demonstrates that have achieved competence.

An example of a case in which competence was at issue is the case of Thomas Gene Riddle, of San Antonio. Shortly after Riddle was accused of murder in 2016, he was declared incompetent to stand trial. In July of 2017, he was transferred from prison to North Texas State Hospital, where he received treatment. A year later, Riddle was returned to jail and declared competent to stand trial. Riddle’s attorney reports that he plans to use the insanity defense during his upcoming jury trial.

Some of the issues that can come up in cases where competence is disputed involve differing opinions among the professionals who have evaluated the defendant’s competence. At other times, there may be questions about whether the professionals who evaluated the defendant followed the proper procedures in examining them and reporting their findings.

Texas Criminal Defense Attorney Alex Tyra – An Ally for Texas Defendants

Competence is just one of many issues that can arise during a Texas criminal or DWI case. DWI and criminal defendants have a lot at stake, and a Texas defense attorney can help them protect their rights. If you’re currently facing criminal or DWI charges in Texas, you do not have to develop a defense strategy on your own. In fact, doing so is not recommended because there is so much at stake, including your freedom. No matter what charge you face, whether it is a misdemeanor, your first DWI, a repeat offense DWI, a felony, or something even more severe, you are probably worried about the penalties you are facing. An experienced Texas defense attorney is prepared to help you protect the people and things that matter most to you. Your attorney knows your rights, they can help you understand them, and they can help you develop a plan for resolving your Texas criminal law matter. Call Texas Criminal Defense Attorney Alex Tyra, at (903) 753-7499, or fill out a contact form on our website.

 

 

 

 

Texas Criminal Defense Attorney Talks About Competence

/in /by

Competence is an issue that can come up in any Texas criminal case, including a DWI case. For court proceedings to be just, a defendant must be competent to stand trial. An individual who is competent to stand trial is both capable of understanding the proceedings that have been brought against them and capable of helping their defense counsel represent them in those proceedings. Capability does not necessarily require a high level of understanding or skill. Instead, it describes an elementary type of intelligence and ability that most people have most of the time.

It is imperative that all criminal and DWI defendants understand that raising the issue of competence is not a defense to the crime that they are charged with. Raising the issue of competence is a tool that a defense attorney can use to ensure that their client’s trial is fair by putting court proceedings on hold until the defendant’s competence is assessed and the court decides whether the defendant can become competent to stand trial. For example, if a defendant is found to have a type of mental impairment that could respond well to therapy, medication or a combination of both, the defendant will be ordered to receive those treatments for a period of time that could enable the treatments to take effect. The case could then proceed to trial once the defendant demonstrates that have achieved competence.

An example of a case in which competence was at issue is the case of Thomas Gene Riddle, of San Antonio. Shortly after Riddle was accused of murder in 2016, he was declared incompetent to stand trial. In July of 2017, he was transferred from prison to North Texas State Hospital, where he received treatment. A year later, Riddle was returned to jail and declared competent to stand trial. Riddle’s attorney reports that he plans to use the insanity defense during his upcoming jury trial.

Some of the issues that can come up in cases where competence is disputed involve differing opinions among the professionals who have evaluated the defendant’s competence. At other times, there may be questions about whether the professionals who evaluated the defendant followed the proper procedures in examining them and reporting their findings.

Texas Criminal Defense Attorney Alex Tyra – An Ally for Texas Defendants

Competence is just one of many issues that can arise during a Texas criminal or DWI case. DWI and criminal defendants have a lot at stake, and a Texas defense attorney can help them protect their rights. If you’re currently facing criminal or DWI charges in Texas, you do not have to develop a defense strategy on your own. In fact, doing so is not recommended because there is so much at stake, including your freedom. No matter what charge you face, whether it is a misdemeanor, your first DWI, a repeat offense DWI, a felony, or something even more severe, you are probably worried about the penalties you are facing. An experienced Texas defense attorney is prepared to help you protect the people and things that matter most to you. Your attorney knows your rights, they can help you understand them, and they can help you develop a plan for resolving your Texas criminal law matter. Call Texas Criminal Defense Attorney Alex Tyra, at (903) 753-7499, or fill out a contact form on our website.