Guest Post – Always Refuse a Police Search

Published May 7, 2013 | By

Although the Morgan Law Firm focuses exclusively on divorce and family law, we also like to provide our readers with sound tips on how to handle common legal issues that arise. Today’s guest post is on what to do when the police ask to search your vehicle and it is by Virginia lawyer Andrew Flusche, who focuses on helping drivers fight their Virginia reckless driving tickets. He also wrote the highly-rated consumer book, Fight Your Virginia Reckless Driving Ticket. Find Andrew on Google+. Let’s hear from Andrew:

search-150Even people who don’t Continue reading →

Posted in Guest

Key Property Division Valuation Issues in Texas Divorce

Published April 9, 2013 | By

for-sale-signThe typical procedure for Texas divorce lawyers to analyze property division in a divorce case is to put all the assets and liabilities on a spreadsheet and fill in the values.  At that point the division usually starts to make sense as you assign certain assets and liabilities to each of the parties.  Often these assignments are relatively simple and agreed to.  For example, everyone may agree that the wife should get the house and be responsible for the mortgage so you automatically fill in your spreadsheet that way on that particular asset and debt.

Sometimes the parties may have a dispute over how the overall split should be done. Continue reading →

Posted in Property Division

Your Income Tax Return and the Child Dependency Exemption

Published March 22, 2013 | By

tax-returnSince April 15th is approaching I thought it might be a good idea to address a common family law/tax question. The question is as follows:  post-divorce which party is entitled to take the dependency exemption for the children, the person paying child support or the person receiving child support. People are frequently confused about this, in no small part because most divorce decrees are silent on the issue. Continue reading →

Posted in Child Support | Taged , , , ,

Child Support Modification in Texas – What is the Standard?

Published February 28, 2013 | By

childsupport150x100This article will outline the current Texas law on child support modification and explain when it makes sense to pursue a child support modification.

Child support modification is addressed in Texas Family Code Section 156.401 through Section 156.409.  Whether you are the payor who is seeking a reduction or the payee seeking an increase, the standard is the same.  There are two possible avenues to seek a modification: Continue reading →

Posted in Child Support

Information on Travis County Divorce

Published January 21, 2013 | By

traviscourtAustin is located in Travis County, Texas.  Where to file for divorce in Texas is determined by county, specifically it must be a county where one of the parties has resided for at least the past 90 days at the time of filing.  This is in addition to the requirement that one of the parties must be a domiciliary of the State of Texas for the past six months at the time of filing.

Location and Phone Number for Travis County District Clerk

For residents of Travis County, Texas, a divorce petition (this is the document that begins a divorce case) is filed with the Travis County District Clerk’s office.  Their office is located at 1000 Guadalupe Street, Austin, Texas 78701.  Their phone number is (512) 854-9457. Continue reading →

Posted in Divorce

Austin Divorce Lawyer Reviews

Published December 28, 2012 | By

courtroomEveryone plans on it being forever when they say “I do” but the reality is that it doesn’t always work out that way.  When it becomes apparent to you that this is your situation, then you want to make sure your divorce is handled appropriately.  The disintegration of something that you thought was permanent is always disappointing but that does not mean that you have to allow yourself to be treated unfairly as you go your separate ways.

Make Sure Your Rights Are Protected

The best way to ensure that you get a fair result and that your rights are protected is to Continue reading →

Posted in Divorce

Hiding Assets in Divorce – is it Worth the Risk

Published November 14, 2012 | By

While attempting to hide assets in a divorce case is not commonplace, it happens more often than you might imagine.  As an attorney I would never advise a client to attempt to hide assets nor would I help them in their efforts to do so.  Aside from the legal and ethical issues, it is simple wrong and not something I am willing to do.

Hidden Assets Tend to be Found

I have had cases on both sides of the issue.  I have discovered assets that my client’s spouse was attempting to hide and I have discovered assets that my own client was attempting to hide.  When I explain to my client how easy it was for me to uncover the asset and how the other attorney is likely to find it just as easily, the client usually becomes much more reasonable about disclosing all assets. Continue reading →

Posted in Property Division

A Helpful Aid for Long-Distance Access: Skype Visitation

Published October 25, 2012 | By

When a couple has divorced and one or both of the parties has moved out of the area, it can make it can become extremely difficult and sometimes impossible for the non-custodial parent to have frequent access and communication with the children.  With the increasing mobility of our society and the much more typical career changes that seem to be a staple of our current economic times, this situation has become a very common occurrence.

Standard Possession Order Visitation Schedule – Long Distance Access

This situation is so common in fact that the Texas Standard Possession visitation schedule (the one that is included in some form in most court orders involving child possession and access) has provisions that address both when the parents live within 100 miles of each other and also when they live further than 100 miles apart. The over and under 100 mile schedules are fairly similar to each other in most respects, with a few key differences. Continue reading →

Posted in Parent-Child Issues

How to Deal with a House in a Divorce

Published October 19, 2012 | By

A common issue in most divorce cases, along with a long list of other issues that must be dealt with in a Texas divorce, is what to do with the marital residence.  If the parties rent their residence this is not a big issue, but in most divorce cases there will be owned real estate that must be dealt with.

Two Most Common Ways to Handle

While every case is different and there are many unique and unusual sets of circumstances, for most cases there are only two realistic divorce outcomes when it comes to the house. Continue reading →

Posted in Divorce, Property Division, Settlement | Taged , , , , ,

Texas Post-Divorce Alimony

Published October 15, 2012 | By

In this article I will explain the key points in Texas posts-divorce alimony. Please note that alimony is a particularly complicated area and you should consult with a qualified family law attorney about the specifics of your case if you believe you may be entitled to receive or possibly obligated to pay alimony. Also, this post addresses only post-divorce alimony, not temporary alimony.

Contractual Alimony or Spousal Maintenance under Texas Family Code Chapter 8

Texas divorce decrees frequently include provisions for periodic post-divorce payments from one spouse to the other, aside from the more common child-support payments. In general, these payments are based upon the needs of one spouse and the ability to pay of the other. Alimony agreements or orders generally come in one of two forms, either agreed contractual alimony or court ordered spousal maintenance under Texas Family Code Chapter 8. Continue reading →

Posted in Alimony, Divorce, Property Division, Settlement | Taged , , ,