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When you divorce, you must adjust many details of your life. From deciding where you will live and how to pay your expenses to adjusting your work and social schedule to fit your new life, divorced or divorcing individuals have many things to do. If you have student loan debt, learning how your divorce will affect that debt and deciding how you will manage it now and into the future is something that you must do. The first thing that all divorced or divorcing individuals with student loans need to know is that it is crucial that you keep your loans in good standing. If you or your soon to be former spouse are having trouble making your scheduled student loan payments, contact your lender right away. Tell the lender what is happening in your life, and ask them to explain your options for keeping your loans in good standing. You may be able to postpone your student loan payments to a later date, temporarily suspend payments through forbearance, or make reduced payments for a while. Taking action to keep your loans in good standing now can help you avoid defaulting on your student loans, no matter how awful your current financial picture may be.
In addition to taking steps to keep all student loans in good standing, divorcing couples must decide who will ultimately assume legal responsibility for each student loan debt. This is a part of the property settlement process, where the couple works with their attorneys to determine who will pay which debts and who will walk away from the divorce with which assets. Texas is a community property state. The deciding factor for who must assume responsibility for each student loan debt is when each of those debts was acquired. If either of you obtained student loans before you married, those loans are the responsibility of the spouse who obtained them. Some couples attend college after they marry or they take turns going to college and working. If either of you took out student loans after you got married, those loans are part of your marital property. In a Texas divorce, marital property is divided equally among the divorcing spouses. Since marital property includes the total of all of the debts and all of the assets that the divorcing spouses obtained during their marriage, you and your soon to be former spouse can each expect to be held responsible for an equal dollar amount of those shared debts and to receive an equal dollar amount of the shared assets.
Whether you, your spouse or both are ordered by the court to take responsibility for student loan debt according to your divorce decree, it is critical that the lenders receive notice of the divorce and of the order stating who is responsible for each loan. As I mentioned before, if you run into trouble with making timely payments on your loans, contact your lenders right away. Many lenders will be able to present you with a variety of options for keeping your student loan repayment on track, and you can select a repayment option that meets your current needs.
Keeping your student loan payments on track is part of working through your Texas divorce. For help with all of your Texas divorce questions, call Texas Family Law Attorney Alex Tyra today, at (903) 753-7499.
It is no secret that many kids look forward to summer. The extended break from school gives kids more time to relax, spend time with friends and family, and enjoy their favorite activities. Parents love summer too, but work schedules and other adult responsibilities can sometimes make planning a fun summer for the whole family challenging. If a parent is divorced or divorcing, the challenges they face in designing their summer are multiplied by the fact that they must make their plans within the confines of their possession and access schedule. If divorcing parents have not yet come up with a workable possession and access schedule, the task of planning their summer schedules can be even more difficult.
Fortunately, stress and difficulty do not have to hold you and your kids back from having a great summer. When you work with your attorney and your children’s other parent and their attorney to create a possession and access schedule that is doable for everyone, you’ll have all the information that you need to make summer plans that you and your children will enjoy. If you’re starting your divorce, or if you and your children’s parent are having trouble coming together to decide on a possession and access schedule, now is the time to make creating that schedule a priority. Schedule some time to work with your attorney, your children’s’ other parent, and their attorney to attend to it as soon as possible.
The Texas family court has a standard possession order which it awards in cases where parents cannot agree on a possession and access schedule. Most pairs of divorcing parents do not want a schedule where the kids are with one parent most of the time and with the other parent on Thursday evenings and the first, third, and fifth weekend of each month. Parents are encouraged to set aside their differences, put their heads together, and work with their attorneys to create their own possession and access schedule. Parents who work together to create a possession and access schedule are almost always much more satisfied with the plan in the long run than parents who are awarded the standard possession order by the court.
As you work with your attorney, aim to create a possession and access schedule that clearly states who will spend time with the children when both during the school year and summer vacation. Include specifics for holidays and birthdays. Take care to include rules for how and when last-minute changes can be made to the schedule. Also, plan for communication between the children and each parent when they are in the care of the other parent as well as rules for notifying the other parent about plans to attend camps or other activities far from home and vacations. While you’re working on making a possession and access schedule, you may wonder whether all of the hard work, negotiation, and, yes, compromise is worth it, but as I stated before, parents who do work together to create a schedule instead of allowing the court to award the standard plan are much more satisfied with the outcome. It is almost always worth it to hang in there and do the work until you reach an agreement.
If you would like to talk with an attorney about divorce in Texas, call Texas Family Law Attorney Alex Tyra with your Texas divorce questions today, at (903) 753-7499.
It is no secret that many kids look forward to summer. The extended break from school gives kids more time to relax, spend time with friends and family, and enjoy their favorite activities. Parents love summer too, but work schedules and other adult responsibilities can sometimes make planning a fun summer for the whole family challenging. If a parent is divorced or divorcing, the challenges they face in designing their summer are multiplied by the fact that they must make their plans within the confines of their possession and access schedule. If divorcing parents have not yet come up with a workable possession and access schedule, the task of planning their summer schedules can be even more difficult.
Fortunately, stress and difficulty do not have to hold you and your kids back from having a great summer. When you work with your attorney and your children’s other parent and their attorney to create a possession and access schedule that is doable for everyone, you’ll have all the information that you need to make summer plans that you and your children will enjoy. If you’re starting your divorce, or if you and your children’s parent are having trouble coming together to decide on a possession and access schedule, now is the time to make creating that schedule a priority. Schedule some time to work with your attorney, your children’s’ other parent, and their attorney to attend to it as soon as possible.
The Texas family court has a standard possession order which it awards in cases where parents cannot agree on a possession and access schedule. Most pairs of divorcing parents do not want a schedule where the kids are with one parent most of the time and with the other parent on Thursday evenings and the first, third, and fifth weekend of each month. Parents are encouraged to set aside their differences, put their heads together, and work with their attorneys to create their own possession and access schedule. Parents who work together to create a possession and access schedule are almost always much more satisfied with the plan in the long run than parents who are awarded the standard possession order by the court.
As you work with your attorney, aim to create a possession and access schedule that clearly states who will spend time with the children when both during the school year and summer vacation. Include specifics for holidays and birthdays. Take care to include rules for how and when last-minute changes can be made to the schedule. Also, plan for communication between the children and each parent when they are in the care of the other parent as well as rules for notifying the other parent about plans to attend camps or other activities far from home and vacations. While you’re working on making a possession and access schedule, you may wonder whether all of the hard work, negotiation, and, yes, compromise is worth it, but as I stated before, parents who do work together to create a schedule instead of allowing the court to award the standard plan are much more satisfied with the outcome. It is almost always worth it to hang in there and do the work until you reach an agreement.
If you would like to talk with an attorney about divorce in Texas, call Texas Family Law Attorney Alex Tyra with your Texas divorce questions today, at (903) 753-7499.
Last year, twenty-nine people died, and many more were injured in hundreds of boating accidents throughout the state of Texas. This year, boating season opened with water levels that are higher than usual, and Texas game wardens were out in force patrolling lakes and other waterways in an effort to remind boaters to make safety their top priority.
People who enjoy boating in Texas should be aware that there are safety rules that they must follow when they go out on the water. For example, a life jacket must be available for each person on the boat. Children who are age thirteen or younger are required by law to have their life jacket on at any time while the boat is moving or drifting. Game wardens can and do issue citations for violations of the state’s life jacket rules, which exist for the purpose of saving lives. Drowning causes many boating accident fatalities, and most drowning victims were not wearing life jackets at the time that they drowned. Boat operators are encouraged to take an additional step to protect their lives and the lives of their passengers and attach the clip for the boat’s kill switch to their life jacket. Kill switches have the potential to save many lives in boating accidents, and many boats have them. Unfortunately, they only work when they are used correctly, which means attaching the clip to the operator’s life jacket. Be sure that you learn and follow all boating laws that apply to you and your watercraft before you go out on the water this summer.
As game wardens throughout the state monitor lakes and waterways this boating season, life jackets are not the only thing they’ll be looking for. Intoxicated boaters cause many boating accidents, injuries, and deaths each year. If you operate a boat or any other watercraft when your blood alcohol level is above 0.08, you can be charged with the offense of boating while intoxicated. If you are convicted, you may face fines, jail time, and the loss of your drivers’ license.
Boaters are also required to report certain boating accidents. Contact the Texas Parks and Wildlife Department or a local law enforcement agency if you are involved in a boating accident where someone dies or requires medical attention that goes beyond the basic first aid that you would use to treat bumps, bruises, scrapes, sunburn and the like. You must also report any boating accident where over two thousand dollars of property damage occurs, even if no one is hurt in the crash.
If you are charged with a boating-related crime in Texas, contact Texas criminal and DWI defense attorney Alex Tyra right away. Criminal charges like boating while intoxicated can have a far-reaching effect on multiple areas of your life. We urge you to take immediate action today to protect your rights. Please call our office to speak with us, at (903) 753-7499, or fill out a contact form on our website.
Divorce is the legal means by which a marriage ends. It is a critical step to take if you need to separate your life from the life of the person that you married. The divorce process and the divorce decree that is the result of that process answer some questions about what your life and the life of your former spouse will look like as each of you moves forward. You and your spouse will make decisions during your divorce about how your assets and debts will be divided, how time with your children will be divided, and whether any money will flow from one of you to the other on an ongoing basis, there are many things that your divorce case and your divorce decree won’t resolve. These issues must be addressed in different ways so that you can truly move forward with your life.
The feelings that you have towards your former spouse and the way that you interact with them during and after your divorce play a significant role in shaping your life both during and after your divorce. A divorce is always the beginning of a changed life, but you are primarily responsible for the direction that that changed life takes. Some divorced and divorcing individuals choose to seek healing of the hurts that they experienced during their marriage and the breakdown of their marriage. Some forgive their former spouse for all of the things that they feel were wrong in their marriage and resolve to let the past remain in the past as they develop a new way of interacting with their former spouse that is not bitter or angry. Others choose to hold tightly onto the pain that they feel their former spouse caused them, and to interact with their former spouse in an angry, bitter, and often confrontational manner. As they move forward into their life without their former spouse by their side, they continue to focus on how they were wronged, sometimes even long after the marriage has ended.
If you are divorcing or are divorced, I would like to encourage you to let your marriage stay in the past where it belongs. You do not have to carry the pain and anger forward into today, tomorrow, or next week. You can move forward with your divorce proceedings and your post-divorce life with the wisdom you gained along the way and the inspiration that comes from having a clean slate. The problems that you had during your marriage do not have to follow you through the rest of your life and steal your joy. It’s not always easy to heal the hurts of a marriage that ended in divorce, and anger and bitterness can be slow to leave the scene. However, you do not have to heal or forgive on your own. Many people can help you with the work of healing and forgiveness. Counselors, clergy, friends, and family are all potentially helpful resources who can help you set down your suitcases and unpack the emotional baggage of your marriage and divorce so that you can walk forward into the future with nothing holding you back from living in your full potential.
If you would like to talk with an attorney about divorce in Texas, call Texas Family Law Attorney Alex Tyra with your Texas divorce questions today, at (903) 753-7499.
The shootout at the Twin Peaks restaurant in 2015 claimed the lives of nine people and injured twenty others. Four years later, closure has not yet come for those who were injured and for the families of those who died in the shootout. It looks like closure or justice may not ever come for those people, at least not through the Texas legal system.
Earlier this month, the McLennan County District Attorney announced that the twenty-four cases that remained pending in connection with the shootout would be dropped. This is a surprising turn of events, considering that immediately following the shooting, one hundred and seventy-seven people were arrested in connection with the shootout, charged with participating in organized crime and held on million dollar bonds. Of those individuals who were arrested and charged, only one case ever proceeded to trial, and the trial ended with the declaration of a mistrial.
The District Attorney stated that the decision to drop the cases was made based on the evidence and the facts, along with the laws of the State of Texas and the interest of justice. The overall cost of the Twin Peaks incident has surpassed a billion dollars and continues to increase. The District Attorney’s decision to drop the cases seems to be connected to the strength of the evidence, which was exposed as lacking.
Evidentiary challenges are crucial to many successful criminal defenses, and this high-profile case with its large number of defendants is no exception. The defense attorneys for all of the defendants connected with the Twin Peaks shootout have worked hard over the past four years to challenge the police procedures followed during the incident and the arrest and processing of all of the defendants as well as the handling of the evidence connected with their cases. Lack of probable cause was cited in many challenges to the charges made against the defendants, along with allegations of numerous violations of the Texas Code of Criminal Procedure. Challenges to excessive bond round out the list of strategies employed by defense attorneys on behalf of their clients.
It was reported that the defendants in the Twin Peaks cases have benefited from the vigorous efforts of their defense counsel. That is something good that has come from the horrific event at Twin Peaks and the state’s response to it, which many feel was inappropriate. Unfortunately, a great deal of harm was caused not just in terms of injury and death, but in the fact that it has taken four years for some of the defendants to have a resolution of their cases. Some of the defendants have been under the shadow of the ongoing criminal cases for too long, suffering from the physical and emotional consequences that come when one is arrested and charged with a crime. With the dismissal of the last twenty-four cases, the remainder of the Twin Peaks defendants will finally be able to begin moving forward again.
If you are charged with a crime in Texas, contact Texas Criminal Defense Attorney Alex Tyra right away. Criminal charges can have a far-reaching effect on your life. It is critical that you act now because your freedom and your rights are at stake. Please call our office to talk with us today, at (903) 753-7499, or fill out a contact form on our website.
A solid DWI defense often includes multiple strategies for defeating the prosecution’s case against the defendant. Evidence is a critical component of the state’s case in any DWI case. When it’s possible that there could be a problem with one or more of the pieces of evidence that the state plans to present at trial, a defense attorney will often challenge the admissibility of the evidence in the hope that the court will agree with their argument and exclude the evidence from the trial. Since the state must be able to support its case against the defendant with the evidence it plans to present at trial, each piece of the state’s evidence that is excluded from the trial weakens the case against the defendant.
The Texas Court of Criminal Appeals recently issued a ruling that excludes the admission of a specific blood sample. In its ruling, the Court agreed with a lower court’s decision that the evidence was gathered in an unconstitutional manner, thus violating the defendant’s rights. The State tried, in its appeal, to persuade the Texas Court of Criminal Appeals that the judge who previously ruled in favor of excluding the evidence abused his judicial discretion. The Texas Court of Appeals has sent the case back to the 210th District Court for trial.
The defendant in the case mentioned above is a man from El Paso who is charged with the deaths of three people in connection with an automobile wreck that happened on Christmas Eve in 2014. Joel Garcia’s blood was taken without a warrant, in the hours following the crash. The State claimed that the blood sample had to be drawn before a warrant could be obtained because the defendant required immediate medical treatment after his accident. The defense argued that the defendant’s injuries did not require immediate medical treatment, rendering the warrantless blood draw a violation of Garcia’s fourth amendment rights. After several appeals, the issue of whether the defendant’s blood sample is allowed as evidence in his trial was finally decided by the Texas Court of Criminal Appeals, as mentioned above.
Constitutional challenges are just one of the ways defense attorneys can attack the validity of blood samples and other types of physical evidence. In some cases, questions over the handling of items like blood samples lead to the exclusion of evidence that the state planned to rely on heavily in its case. Blood samples can be taken incorrectly, stored improperly, and in some cases even mixed up and mislabeled with the wrong name. Blood and breath testing equipment are not infallible, and challenges to the validity of test results are another way that defense counsel can sometimes have evidence excluded from a defendant’s trial.
If you’ve been charged with DWI in Texas, contact a skilled Texas DWI Defense Attorney right away. DWI charges can have a far-reaching effect on many areas of your life, so it is critical that you take action now because your rights and your freedom are at stake. Call Texas Criminal Defense Attorney Alex Tyra today, at (903) 753-7499, or fill out a contact form on our website.