News - Alex Tyra Law Office

Addressing Your Children’s Needs During Your Texas Divorce

October 3, 2013/in Texas Divorce Cases/by LS_admin

Going through a divorce is difficult for anyone, but for parents with a divorce case underway, it is even tougher. Specifically, parents have to attend to their own feelings about the divorce as well as the feelings of their children. In fact, not only do they have to figure out how they will manage the day-to-day details of their own lives, they also need to do so for their children as well.

If you are a parent and you are involved in divorce proceedings, you may have questions about how to handle some of the emotional and practical effects that your divorce will have on your children. Throughout the course of your divorce, two questions are likely to remain at the forefront of your mind – what do your children need from you, and how you can ensure that they get it? The good news is that if you have already asked yourself these questions, you are probably providing your children with all of the support that they need during this very challenging time. Notwithstanding, there still are some specific things, described more fully below, that you can do to reduce the impact that your divorce will have on your children.

The most important need that all children have during a divorce is to feel loved and accepted by each of their parents, and to feel as if they are just as valued and important as they were before the divorce. Keeping intense discussions, arguments, and other negative interactions out of the earshot of your children can prevent unnecessary feelings of guilt, or of having to choose a side. Children should not have to take on any parental roles or duties, or make any decisions, such as the decision about which parent they will live with.

Another very important thing that you and your soon-to-be-former spouse can do for your children during your divorce is to keep your daily and weekly routines as close as possible to the way that they were during your marriage. From a child’s perspective, routines and familiarity create a feeling of safety and security at a time when they need it the most. Temporary orders from the court can help you to preserve your family’s routines and schedule during your divorce.

When you are involved in a divorce, strong emotions may make it difficult for you to “keep it together” and to effectively move forward. However, your children need you to be brave and strong, and to keep on conducting business as usual. In order for you to do so, you must take care of your own emotional needs. Talking with friends and family, going to therapy, exercising, writing in a journal, or spending time outdoors can all help you to work through the tangled web of emotions that you are currently feeling. Taking care of your emotional needs will help you to be able to be calm, present, and seemingly unruffled when your children are in your care. It will also help you to work through the practical details of your divorce so that you can make important decisions with a clear mind and vision for your future.

If you are going through a divorce, let an experienced Longview divorce attorney take care of all of the details so that you can focus on taking care of yourself and your family. Schedule a free consultation with East Texas divorce attorney Alex Tyra today. Call our Longview office at (903) 753-7499, or submit an online contact form through our law firm website.

How a Texas DUI Conviction Can Dramatically Affect Your Career

September 29, 2013/in Texas DWI Defense/by LS_admin

It is certainly no exaggeration when I say that a Texas DWI conviction can impact every aspect of your life. From your family relationships to your friendships, and of course your job, no area of your life is immune to the consequences of a DWI conviction. Of course, the potential impact of a Texas DWI conviction on your career will depend largely upon what you do for work. Another factor is whether your conviction has resulted in any restrictions on your ability to get to and from work. When you are weighing your options regarding how to respond to your DWI charges, don’t forget the following potential effects that a DWI conviction could have on your career.

One way that a Texas DWI conviction could affect your career is if it interferes with your ability to get to and from work. License suspension is a common penalty associated with DWI convictions, and even first – time offenders can find themselves without a driver’s license for up to two years. If you live somewhere where you have access to public transportation that can get you to where you need to be for work, and driving a vehicle is not a part of your job, then you may be able to navigate the logistics of getting to and from work after your DWI conviction with relative ease. Of course, if you live and/or work in a more remote area, or if driving is a part of your job, you may have to stop working if you cannot get to and from work, or if you can no longer perform your job duties because your license is suspended.

If driving is your career and you have a CDL, stricter drunk driving rules apply to you whether you are driving your commercial vehicle or your personal vehicle. Not only will a DWI conviction result in loss of your commercial license for one or more years, it will more than likely result in loss of your job. It could also make it harder for you to get a job once your license has been reinstated, as employers may feel that a past DWI conviction makes it more likely that you will be convicted for DWI again in the future than a driver with no DWI on his or her record.

Even if your job does not involve driving other than just getting to and from work, you should be aware that some professions are more sensitive to DWI convictions than others are. For example, careers that involve working with children, such as teaching or working in a day care center, often view a DWI as something that makes an applicant less qualified for that position. Also, military, government, and other jobs that require the handling of sensitive or confidential information may be harder to get following a DWI conviction because of strict background check requirements.

The best defense against a Texas DWI is a knowledgeable and experienced Longview DWI defense attorney. East Texas attorney Alex Tyra offers free consultations to drivers accused of driving under the influence. Learn more about your options for defending your DWI case today. Call our Longview office at (903) 753-7499 or submit a case contact form via our law firm website.

I Have Been Served With Divorce Papers – Now What Do I Do?

September 11, 2013/in Texas Divorce Cases/by LS_admin

Whether you were suspecting that it might come to this, or it is a complete shock to you, being served with divorce papers likely means that your marriage is 100% over. While it may be tempting to tuck the divorce paperwork away in a file to read “later”, it is essential that you take prompt action in order to protect your rights. As uncomfortable as it may be to do so, the very first thing that you should do when you are served with divorce papers is to just read them.

Once you have finished reading through the divorce paperwork, it is time to move right on to the next logical step – retaining a knowledgeable Texas divorce attorney. Time is of the essence in the early days and weeks of a divorce proceeding, and a failure to respond to the divorce paperwork that you have received within twenty days could result in a default being taken against you. Don’t take that risk, take action and speak to a Texas divorce attorney right away.

Your Texas divorce attorney can answer all of the questions that you have right now, advise you of your rights, offer you helpful and practical advice to guide you in your day to day life, and take care of drafting and filing your answer to the complaint for divorce in a timely manner. Your Texas divorce attorney will also handle all communications with your spouse’s attorney (if he or she is represented by one), or, with your spouse if he or she does not have legal counsel, and represent you at all of your hearings.

As soon as divorce proceedings have been started by one party filing divorce paperwork and that paperwork being served upon the other party, there are a few “rules” that apply to both parties. These “rules” affect your everyday life, and your ability to understand and follow them can help you to be successful in resolving your divorce in a manner that is satisfactory to you.

The first basic “rule” to follow after you are served with divorce papers is to say as little as possible to your spouse. Anything you say from this point forwards could possibly be used against you. That said, there are some conversations that cannot and should not be avoided, such as making temporary arrangements for taking care of your children and making sure that the family’s bills get paid on time. Another “rule” to remember is that for the time being, you and your spouse are prohibited from selling or transferring certain marital assets. This is one area that your Texas divorce attorney can help you to better understand, but the basic idea is that it is better to play it safe right now by not selling or giving away anything than to make a misstep and be held accountable for it later on.

These are just some of the ways in which your pending divorce affects your day to day life. If you live in the Longview, Texas area and you have been served with divorce papers, contact The Law Office of Alex Tyra, P.C., for a free consultation at (903) 753-7499. Phone calls are answered 24 hours a day, 7 days a week.

I Have Been Served With Divorce Papers – Now What Do I Do?

September 11, 2013/in Texas Divorce Cases/by LS_admin

Whether you were suspecting that it might come to this, or it is a complete shock to you, being served with divorce papers likely means that your marriage is 100% over. While it may be tempting to tuck the divorce paperwork away in a file to read “later”, it is essential that you take prompt action in order to protect your rights. As uncomfortable as it may be to do so, the very first thing that you should do when you are served with divorce papers is to just read them.

Once you have finished reading through the divorce paperwork, it is time to move right on to the next logical step – retaining a knowledgeable Texas divorce attorney. Time is of the essence in the early days and weeks of a divorce proceeding, and a failure to respond to the divorce paperwork that you have received within twenty days could result in a default being taken against you. Don’t take that risk, take action and speak to a Texas divorce attorney right away.

Your Texas divorce attorney can answer all of the questions that you have right now, advise you of your rights, offer you helpful and practical advice to guide you in your day to day life, and take care of drafting and filing your answer to the complaint for divorce in a timely manner. Your Texas divorce attorney will also handle all communications with your spouse’s attorney (if he or she is represented by one), or, with your spouse if he or she does not have legal counsel, and represent you at all of your hearings.

As soon as divorce proceedings have been started by one party filing divorce paperwork and that paperwork being served upon the other party, there are a few “rules” that apply to both parties. These “rules” affect your everyday life, and your ability to understand and follow them can help you to be successful in resolving your divorce in a manner that is satisfactory to you.

The first basic “rule” to follow after you are served with divorce papers is to say as little as possible to your spouse. Anything you say from this point forwards could possibly be used against you. That said, there are some conversations that cannot and should not be avoided, such as making temporary arrangements for taking care of your children and making sure that the family’s bills get paid on time. Another “rule” to remember is that for the time being, you and your spouse are prohibited from selling or transferring certain marital assets. This is one area that your Texas divorce attorney can help you to better understand, but the basic idea is that it is better to play it safe right now by not selling or giving away anything than to make a misstep and be held accountable for it later on.

These are just some of the ways in which your pending divorce affects your day to day life. If you live in the Longview, Texas area and you have been served with divorce papers, contact The Law Office of Alex Tyra, P.C., for a free consultation at (903) 753-7499. Phone calls are answered 24 hours a day, 7 days a week.

Stolen Guns are a Texas Sized Problem in the Lone Star State

September 1, 2013/in Criminal Defense/by LS_admin

Did you know that more guns are stolen in Texas than in any other state? It makes sense, if you think about it, because Texas has a larger population than many states. Not only that, but when you consider that many Texans own firearms, it is not really a surprising statistic. Earlier this year, the President ordered the Bureau of Alcohol, Tobacco, and Firearms to conduct a study and report the number of firearms that have been reported lost or stolen on a state – by – state basis. Nearly nineteen thousand guns were reported stolen or lost in Texas last year. Of course, there is no data available on the total amount of firearms that were lost or stolen, because many more guns are stolen than are actually reported as stolen.

Stolen guns pose a greater threat to the public than guns that are purchased legitimately. Many guns that are stolen from private individuals or businesses are later used to commit crimes, and many of these guns are recovered at the scenes of the crimes. If your gun turns up at the scene of a crime, you may be facing even bigger problems than whether or not you will get your stolen gun back. When you take precautions to prevent gun theft, you not only reduce the chance that one or more of your guns will be stolen, you reduce the chance that one or more of your guns will make it into the hands of a criminal who uses it to commit a crime.

Your first line of defense against criminals stealing your gun and using it to commit crimes is to keep it stored in a secure place. In case you are wondering, a locked vehicle is not necessarily a secure place, especially if the gun is within view of people looking inside of your vehicle. A gun safe really is your best bet, especially one which can be mounted to your wall or floor. Not only do gun safes reduce (and practically eliminate) the chance of your guns being stolen, they help to keep your family and children safe, too. In addition to keeping your gun locked away in a safe place, it is important that you keep a file or notebook of detailed information about your guns, including pictures, serial numbers, and detailed descriptions as well as service records. This information can be used to file a report if one of your guns does get stolen, and can help you to prove that the gun is yours if it is eventually recovered. One other way that gun owners can prevent gun theft is to be very careful about lending your firearms to anyone. If the borrower does not keep your gun in a secure place, other people whom you did not authorize to borrow your gun may have access to it and it may end up in the wrong hands.

If your gun is lost or stolen, it is a good idea to report it even though Texas law does not currently require that you do so. Many stolen guns that are used to commit crimes are left at the crime scenes, where they are discovered by police. Reporting your gun as stolen can help you to clear your name if your stolen gun is later used during the commission of a crime. It can also increase the chances that your gun will eventually be returned to you.

Gun theft is a big problem in Texas. If you live in East Texas and your stolen gun has been used to commit a crime, contact The Law Office of Alex Tyra, P.C., for a free consultation at (903) 753-7499. Phone calls are answered 24 hours a day, 7 days a week.

Divorcing without an Attorney Can Make for an Expensive Divorce in Texas

August 13, 2013/in Texas Divorce Cases/by LS_admin

Because Texas Divorce Attorney Alex Tyra spends most mornings in local courthouses representing divorce clients, his perspective on the folly of a DIY divorce is based on watching people learn the hard way that this is potentially an expensive and devastating choice. While we receive calls all the time from parties involved in a divorce or contemplating divorce that want to know if they need an attorney to pursue a Texas divorce, the answer to this question is not necessarily straightforward. There is no requirement that you use an attorney, but there are distinct advantages to having legal representation that include the following:

Avoiding Unnecessary Expense: It may seem counterintuitive to view retaining legal representation as a way to save money. However, the reality is that the amount you pay in attorney fees may be trivial compared to what you sacrifice in alimony or your share of a family residence or retirement account without legal representation. Additionally, many divorces that could result in an amicable negotiated divorce with legal representation may become a bitter contentious divorce when attorneys are later brought into the case after the parties are no longer receptive to negotiating the terms of a settlement agreement.

Knowing Your Rights: Once a divorce judgment is entered by a Texas family law judge, it can be extremely difficult to modify the terms if you made a mistake because you misunderstood your rights under Texas law. Those who handle their own divorce may not understand their interest in assets that have both a community property and separate property component. The division of “mixed character assets” entails calculating the separate property and community property contributions toward the assets. Once the separate and community property interests have been ascertained, the amount of appreciation attributable to each must be determined. Alimony can be even harder to estimate because there are a long list of factors that are considered rather than a straightforward formula like the one used to determine guideline child support. When you work with an experienced Texas divorce attorney, the lawyer will inform you of your rights so that you can make informed decisions about how to proceed.

Achieving Durable & Amicable Settlements: Although many people have misconceptions about the nature of an attorney’s role based on depictions by the entertainment industry and media, the role of a divorce lawyer is not to stir up disputes and conflict but to facilitate a favorable settlement. Certainly, contentious litigation may be both necessary and appropriate, but family law attorneys bring experience handling a wide range of issues. This knowledge combined with familiarity regarding how judges typically rule on an issue can lead to mutually beneficial settlements.

Efficiency: When spouses proceed without a Texas divorce attorney, they may make critical mistakes in terms of the paperwork filed in court. These mistakes can delay important temporary orders for spousal support, child support, possession of a residence and/or custody orders. Failure to properly complete court documents or provide the court with required information also may result in delays that make a divorce take much longer than necessary.

If you are involved in a divorce in Texas, Longview divorce attorney Alex Tyra offers a free consultation so that he can help you understand your rights and options. We invite you to contact us at 903-753-7499 or visit our website and submit a case contact form.

Why Texas Spouses Should Consider a Prenuptial Agreement

August 4, 2013/in Legal Tips/by LS_admin

Prenuptial agreements traditionally have been viewed by many as a way high net worth individuals protect their financial interests if a marriage does not work out. This traditional notion is fairly dated because a growing number of middle class families are using prenuptial agreements to provide predictability and fairness in settling issues arising in marriages that end in divorce. Although there is room to quibble about the methods involved in the calculation of the divorce rate, it has been widely asserted that almost half of all marriages will end in divorce. Even if the percentage of marriages that fail is less than fifty percent, there is little question that many marriages do not survive for a range of reasons including incompatibility, financial pressure, infidelity and other issues. Longview, Texas Divorce Attorney Alex Tyra provides an overview of the benefits to be garnered from a premarital agreement for those who eventually face a marital dissolution.

Reduce the Cost of Divorce: While many divorces proceed efficiently on an amicable basis, there also are a fair number of divorces that are highly contentious. Divorces that are bitterly contested can cause litigation costs and attorneys fee expenses to escalate. When assets are difficult to value or have a mixed character between a marital property and separate property interest, the process of property division can get complicated. Further, there is no fixed formula for the calculation of alimony so it can be difficult to predict how much alimony will be awarded or the duration of such alimony. If these issues are aggressively litigated, the cost of resolving the issues can be costly so a mutually acceptable agreement negotiated prior to marriage can conserve the financial resources available to the parties to rebuild financially.

Obtain More Stable Judgments: There is a common tendency to presume that once a divorce judgment is reached, a marital dissolution is concluded so that the parties will not need to continue to cope with the additional stress, expense and inconvenience of going back to court. However, negotiated settlements, which include those arising out of a premarital agreement, tend to be more satisfactory to both parties than orders imposed by a judge. If a prenuptial agreement is negotiated and reasonably acceptable to both parties, it reduces the probability of repeatedly needing to return to court for enforcement and modification proceedings.

Protect Kids & Grandchildren from Prior Relationships: If you have a legacy that you wish to leave to your kids and/or grandchildren, this can be complicated when you have prior marriages. A prenuptial agreement can provide a means for you to ensure that both your current spouse and your children from prior relationships are provided for in the event of a divorce.

Prevent Disputes about the Proper Characterization of Assets: One complication that arises in many divorces involves disputes regarding whether a particular asset is community property that is ordinarily divided between the parties or a separate property asset that usually is kept by the party who acquired the asset. A prenuptial agreement can provide documentation of the parties’ intentions regarding the character of these assets so that it is clear that certain assets were anticipated to remain separate property.

Protecting an Established Business: When a spouse enters a marriage with an already established business, this spouse can ensure that the separate property business that has been built prior to marriage is protected by the prenuptial agreement. When either party has substantially more assets, a successful business or a significant anticipated inheritance, a prenuptial agreement can protect these types of separate property assets.

If you are involved in a divorce or you have specific questions about prenuptial agreements, Texas family law attorney Alex Tyra offers a free consultation so that he can help you understand your rights and options. We invite you to contact us in our Longview, Texas office at 903-753-7499 or visit our website and submit a case contact form.

Latest News

Addressing Your Children’s Needs During Your Texas Divorce

How a Texas DUI Conviction Can Dramatically Affect Your Career

I Have Been Served With Divorce Papers – Now What Do I Do?

I Have Been Served With Divorce Papers – Now What Do I Do?

Stolen Guns are a Texas Sized Problem in the Lone Star State

Divorcing without an Attorney Can Make for an Expensive Divorce in Texas

Why Texas Spouses Should Consider a Prenuptial Agreement

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