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Marshall Davis Brown Jr: January 2013
The Complexities of Divorce Law
Marriage and divorce law in
the state of Texas is an ever-changing animal. Not only does it present many
complexities and require an attentive, up-to-date lawyer, it's simply a
sensitive subject. The ideal family lawyer is knowledgeable and persistent, but
also empathetic, prepared to situate counseling, and aware of the unique needs
of every family and situation. In the Texas area, for example, Pavlas & Brown LLP
is knowledgeable about the following most important
aspects of divorce court.
It's important for the
parties involved with the divorce to truly understand what the separation will
mean on a personal and legal level. Good lawyers will offer a planning session
where questions, both general and specific, can be asked. Specific needs will
be considered, such as those of any children involved, and it will help
timeliness to be ensured.
Asset & Marital Estate Division
One of the big questions in
a divorce that many people have is: Who gets what? There is much to divide –
vehicles, homes, savings accounts, and the like, and it's important that the
division is a fair one considering the circumstances. This is especially
important in Texas, which is a community property state with unique rules.
Whatever the judge thinks is fair is how the property will be broken up, so
it's important to have a good lawyer to make a solid argument. As far as
finances go, financial issues can get extremely deep and complex – and this is
the area in which everyone wants to get what is rightfully theirs. Thus, an
experienced lawyer is more important than ever.
Everyone knows that prenups
are a sensible idea when getting married, especially for brides and grooms with
lots of assets (or lots of debt). Though no one wants to anticipate divorce,
it's always better safe than sorry, and having protective agreements is simply
a practical idea. A good lawyer will make signing prenups easy and fair.
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Five Ways to Establish Paternity in Texas
As a mother, officially determining
the paternity of a child is the first step in enforcing the father's legal
obligations to a child which may include child support as well as other legal
rights and restrictions. For a father, legal proof of paternity must be
obtained in order to begin to pursue custody and visitation rights. There are a
few ways law offices go about proving paternity.
Acknowledgement of Paternity
This is a voluntary process in
which the [unwed] father is recognized as the biological father when both he
and the mother acknowledge the fact and a Paternity Acknowledgement is signed
at the hospital where and when the child has been delivered.
Each state sets specifications for
assumed paternity – if they are met, a man is automatically assumed to be the
father. In most cases, these include that if the child is conceived while the
presumed father and mother are married and living in the same household, and
the man is not infertile at this time, he is considered to be the father. Bear
in mind that since there have been cases where these circumstances have not
been correct, there are ways to rebut this ruling.
In certain states, a man can be
considered as the father by default it he fails to meet certain legal
obligations. For example, if he was informed of and scheduled for a paternity
test, and fails to show, he may be deemed the father by default.
When an alleged father denies his
paternity to a child, or if a mother denies a man's paternity who believes he
is the father of the child, the judicial process is called into action. In this
case, the court determines whether or not a man is the father, and whatever the
outcome will determine whether the father gets custody, must supply monetary
support, can have visitation rights, et cetera. In a case like this, it's a
good idea to have an experienced lawyer, such as Marshall
Davis Brown Jr
, represent you in court so the true outcome and requirements
are reflective of the actuality of the situation.
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2012: A Big Year for Texas Divorce Law
It's been a big debate, the one
about whether or not a couple should need an attorney to divorce, and it has
especially been so in Texas this year. In theory, it sounds pretty good – if
one could merely fill out a consensual divorce form rather than making a big
to-do about it, it would save both parties a good deal of cash and probably
some emotional suffering, too. That's why the majority – though it might only
be a slight majority, six out of nine – of the Texas Supreme Court justices
approved the motion of legalizing divorce forms.
Those who oppose the motion are
mostly concerned that there will be filing mistakes which could make for some
very problematic legal complications. That, and the fact that there will be
that many fewer legal cases for family lawyers to take on.
However, as the executive director
of the Texas Access to Justice Commission, Trish McAllister points out, pro
bono and legal aid could only fulfill about 20% of the needs for divorce case
assistance over the course of last year. Other states that are ahead of the
game on divorce forms have already seen the benefits, and it is anticipated
that the less financially fortunate population of Texas will notice the
positive difference. Being unable to get a divorce when separated – especially
if other relationships, such as children, are involved – causes issues for both
parties such as with credit and buying property. Hence, many believe the
incorporation of divorce forms will be a positive movement in Texas.
Some family lawyers are for the
idea and some are against it, but regardless, it has passed. This is just one
of many family law changes that has occurred and been discussed in the state
over the past two years. Let it also be a reminder that if you're looking to
hire a family lawyer, like Marshall
Davis Brown of TX
or one of the many other reputable firms, take into
consideration whether they appear to be up-to-date on the ever-changing legal
climate of the state.
Labels: Marshall Davis Brown TX
Bush Brother Scandal
Americans know by now that scandals
involving former/current presidents and their families are nothing new but
always newsworthy. The same sentiment applied to the divorce lawsuit involving
former president George Bush's brother, Neil, and his now ex-wife, Sharon.
The lawsuit raised a lot of
questions, as exemplified by Sharon's lawyer Marshall
. The first involved Neil's questionable work history. Documents
revealed that he was being paid an extremely generous salary for doing what
seems to be next-to-nothing work – work he isn't qualified for, nonetheless. "You
have absolutely no educational background in semiconductors, do you?"
Brown inquired about one job Bush claimed to have, which would pay him $2
million over the course of five years to work at a semiconductor manufacturing
company in China.
Bush responded that he did not.
In spite of the unexplainable job
offerings – of which the semiconductor industry was one of many – there are
other suspicious aspects of Bush's life during his marriage with Sharon. For
example, part of the basis of the divorce was his infidelity. It only raised
more questions for Brown and the rest of the courtroom.
"You have to admit it's a
pretty remarkable thing for a man to just go to a hotel room door and open it
and have a woman standing there and have sex with her," Brown asked, puzzled,
after Bush insisted this was the case during his many stays in Asia. He
maintains that they were not prostitutes – at least, not to his knowledge, as
he did not ask and they did not receive any payment. His only response:
"It was very unusual."
Labels: Marshall Davis Brown, Texas law