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Property Division in Texas Divorce Cases

November 1, 2013/in Texas Divorce Cases/by LS_admin

If you are thinking about getting a divorce in Texas, or if you are already involved in a Texas divorce case, you may be wondering about how the court will divide your property in the event that you and your soon-to-be-former spouse are unable to reach a property settlement agreement. Texas is a community property state, and the guiding principle that Texas judges follow when dividing up the property in a couple’s community estate is that the distribution must be “just and right”. As noble as that sounds, it is entirely possible that a “just and right” property distribution which is created by a judge, and not by the parties themselves, could leave one or both of the divorcing parties very dissatisfied with the outcome.

In a community property state like Texas, each of the debts or assets of a married couple can be placed into one of two categories, community property and separate property. Community property consists of all property that was acquired by either spouse during the marriage, as well as all debts that were incurred by either or both spouses during the marriage. Some assets or debts may be excluded from a couple’s community estate and regarded as separate property if they were received or incurred solely for the benefit of one spouse during the course of the marriage. Examples of situations in which property that appears to be a part of the community estate may instead be a part of one of the spouses’ separate estates are when one spouse inherits a sum of money from a family member, or when one spouse takes out a loan for equipment that they use for a business that they, alone, are involved in.

When a divorce case is decided by the court, the judge might order a ratio of distribution that is not a 50/50 split. Factors like disparate earning capacity or time spent at home caring for children can result in a property award that is 55/45 or even 60/40. Other factors that may weigh on the judge’s decision include the age and health of the parties, whether one party is at fault for the dissolution of the marriage, what kinds of assets comprise the community estate, the values of the separate estates, and child custody.

An East Texas divorce attorney can help you to get your divorce case moving in the direction of a property settlement by communicating with the other party’s attorney, if they have one. Even if the other party does not have an attorney, your attorney can speak with them directly about how you would like to divide the marital property. This is often more effective than speaking with them yourself, because it creates distance between the two of you and makes for less of an emotionally-charged conversation than it would be if it were just the two of you. If your case goes to mediation, your attorney can represent you in that process as well.

An experienced Longview divorce attorney can also help you to understand and evaluate a property settlement offer which has been proposed by your soon-to-be-former spouse. Do not agree to any distribution of property until you are absolutely sure that it is in your best interest to do so. If you have any questions or concerns about how property will be divided in your divorce, or if you would like to learn more about property settlements in Texas divorce cases, schedule a free consultation with East Texas divorce attorney Alex Tyra. Call us today, at (903) 753-7499, or fill out the convenient online contact form which is located on our website.

Sex, Drugs, and the Entrapment Defense in Texas

October 17, 2013/in Criminal Defense/by LS_admin

The defense of entrapment is something that many people have heard about, yet few people fully understand. Typically, people think about entrapment when someone is arrested for committing a drug or sex crime, especially during law enforcement “sting” operations. Some people mistakenly believe that any time a police officer or other government official “sets up” a situation in which a person commits a crime, (such as soliciting a prostitute or selling drugs), there automatically is a case of entrapment. This is simply not true, and, unfortunately, this mistaken belief may provide some criminal defendants with the false hope of getting their charges reduced or dismissed.

In reality, true cases of entrapment are actually quite rare. Law enforcement officials are well aware that if they cross the line between merely providing an individual with an opportunity to engage in criminal activity and convincing an individual to commit a crime through the use of persuasion, then their case will not succeed. Texas uses an objective standard to determine whether entrapment has occurred in any particular case. In applying the objective standard, the courts look at the actions of the police officers and any individuals that were working under the officers’ direction in carrying out the scenario that led to the purported entrapment. If the court determines that the actions of the officers and/or the individuals assisting them were calculated to induce, seduce, coerce, or otherwise cause someone to commit a crime, then a defense of entrapment may be successful.

Examples of inappropriate action by law enforcement include sexual favors, excessive financial incentives, and repeated requests combined with emotionally charged stories. Perhaps the best way to explain entrapment is to distinguish situations where entrapment actually occurs from situations in which a person is merely afforded an opportunity to commit a crime and freely chooses to do so. For example, if an undercover police officer asks a person multiple times over the course of a few weeks if he can buy drugs from them, and eventually asserts that he wants to buy the drugs so that he can give them to his mother, who has only days to live and is in extreme pain, than an entrapment defense may succeed because of the officer’s over-the-top behavior. On the other hand, if an undercover police officer dresses like a prostitute and stands near the street, and a someone drives over to where she is standing and asks her how much money it would cost for him to have sex with her, that individual will probably not be successful in asserting an entrapment defense because the undercover officer merely provided an opportunity for the crime of soliciting prostitution to occur.

If you have been charged with a drug crime or a sex crime and you feel as though you were coerced, bullied, badgered, or otherwise strong-armed into committing an unlawful act, you may be able to use the defense of entrapment. A knowledgeable Longview criminal defense attorney like Alex Tyra can help you to determine whether the defense of entrapment is available to your particular case. Call our Longview office for a free consultation, at (903) 753-7499, or submit a case contact form via our law firm website.

What is a No Refusal Weekend in Texas?

October 10, 2013/in Texas DWI Defense/by LS_admin

If you plan on attending a Halloween party in Texas later this month, there is something that you definitely should know. Holiday weekends, including the weekend of Halloween, are considered to be “No Refusal” weekends in many cities and counties throughout Texas. During a No Refusal weekend, individuals who are suspected of driving under the influence of alcohol will be told by police that they must submit to roadside breath or blood alcohol testing. Any driver who refuses to submit to roadside breath or blood alcohol testing during a No Refusal weekend will automatically be arrested, and a blood sample will be obtained from them while they are in police custody.

The procedure for obtaining blood samples from drivers who refuse roadside testing during No Refusal weekends may vary slightly from location to location. In most places, the procedure begins when a driver suspected of DWI refuses to submit to roadside breath or blood testing. The police take the driver into custody and transport them to a location that has been designated as the central processing facility for all DWI suspects. The facility may be a jail, but in some places, a mobile blood draw van or a hospital is used instead. While the driver is in custody, the officer applies for a blood draw warrant from a night judge. If the warrant is issued, a nurse or other medical professional obtains the blood sample from the suspect.

When the No Refusal rule is not in effect, Texas drivers who are suspected of DWI may refuse to submit to roadside breath or blood testing, with the only consequence being license suspension. According to state-wide statistics, the rate of refusal is about 50%, with repeat DWI offenders refusing breath testing about 70% of the time. The threat of arrest and involuntary blood alcohol testing during No Refusal weekends drastically lowers the refusal rate to about 25%.

The important thing to remember about No Refusal weekends is that traffic stops during those weekends are no different than traffic stops at any other time. If a police officer has pulled you over to investigate the possibility that you are driving under the influence of alcohol, the officer has already made up his or her mind that you are impaired. Do your best to remain calm, and treat the officer with respect as you politely say as little as possible except to identify yourself and provide proof of insurance. The less information you provide to the officer, the less information the officer has to put in the application for a blood draw warrant, and the less likely it is that the warrant will be issued.

Even if you are calm and respectful during the traffic stop, and you do not provide the police officer with much information, the officer may still obtain a blood draw warrant and take you into custody. If you are taken into custody, continue to remain silent and ask to speak with an attorney. A knowledgeable Texas DWI defense attorney can scrutinize the blood draw warrant, the handling of the blood sample, the accuracy of the blood test results and the integrity of the procedure for taking and handling the blood sample, among other things.

If you are charged with DWI during a No Refusal weekend or at any other time, it is important that you get help from an experienced Longview DWI attorney. Attorney Alex Tyra has been providing top quality legal defense services to East Texas clients since 1998. For a free consultation, call our Longview office at (903) 753-7499 or submit a case contact form via our law firm website.

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.

Latest News

Property Division in Texas Divorce Cases

Sex, Drugs, and the Entrapment Defense in Texas

What is a No Refusal Weekend in Texas?

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?

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