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Marshall Davis Brown Jr: May 2013
About the South Texas College of Law
The South Texas College of Law is a private law school located in
downtown Houston, Texas. It's the city's oldest law school, as it was founded
in 1923, and the third oldest in the entire state. A very prestigious school,
it has been accredited by the American Bar Association, or ABA, and is a member
of the Association of American Law Schools, or AALS.
STCL is a school that takes its status very seriously. Thus, it is
frequently ranked by the US News as one of the top ten schools for the South
Texas trial advocacy program. In fact, it ranked third in the US for Trial
Advocacy just a few years back, and it was ranked number one in 2005. In
addition, it holds more than 110 National and International Advocacy
Championships, which is more than any other American law school.
The school has a high rate of post-graduation employment. In 2009, almost
half the graduating students were employed at private law firms within nine
months of graduating. Thus, the school has numerous well-known alumni. For
example, former US Congressman Chris Bell is a STCL graduate, and so are Texas
Supreme Court Justices Eva Guzman and John P. Devine. Alumni also include
several members of the Texas House of Representatives, such as Gene Wu and
Robert Talton. Marshall
Davis Brown, TX lawyer who worked on the Neil Bush trial, is a graduate of
the South Texas College of Law as well, and still practices today.
Five Ways to Prepare for a Divorce
It sort of goes without saying that one should never rush into a divorce,
but surprisingly, many people do. In a moment of anger and frustration, it's
easy to get overwhelmed, but a divorce is a major life decision. Make sure to
prepare yourself beforehand by doing the following:
Talking
to a Marriage Counselor.
Are you absolutely certain your issues are unfixable? And if you are, are
you sure you're well enough to cope? Both marriage and divorce counseling
exist, and they're extremely helpful. They can help you to forgive your spouse
(or yourself) and reduce the emotional toll on the situation. You may end up
deciding not to get a divorce after all, or you may simply benefit by being
more emotionally prepared.
Talking
to an Attorney.
There are plenty of knowledgeable attorneys such as Marshall
Davis Brown who have been through the process many times. They have seen what
divorcees have done wrong to make their situation worse, and they've seen
divorcees who have regrets. They can provide you with all the information to
ensure that you're prepared for the next step, then let you know how to proceed
wisely.
Deciding
Whether to Move.
Never pack up and go without talking to an attorney first. It could
result in you having to pay more alimony than necessary, or make you unable to
collect alimony. It also may be illegal for you to return, even if you decide
you wish to. Wait it out in separate rooms until you know the legal
implications.
Handle
the Heavy Stuff.
If you've been involved with extramarital affairs and are certain you're
ready for a divorce, you may want to discuss it with a lawyer before breaking
the news to your spouse. Admitting to an affair can greatly affect the legal
consequences of your situation – not to mention, in some states, it's illegal.
Safeguard
your Assets.
In some cases, one day you could be driving down the street, and the
next, your car is taken from you. Have a lawyer help you protect your assets so
you're not left with nothing until the divorce is finalized.HHand
Texas Commonlaw Marriage and Your Estate
Commonlaw marriage is something that you need to take into consideration
when working your estate plan if you live in Texas. There are only a few states
that acknowledge this form of informal marriage, but Texas just so happens to
be one of them. Matrimony has a huge effect on the future of an estate plans,
whether it's a formal marriage or an informal one, so it's important to know
the implications.
If you haven’t written a will, succession laws will dictate what will
happen to your assets should you pass away. Therefore, if you were part of a
commonlaw marriage, and it can be proven, this will heavily affect your assets.
Proof of the marriage will determine whether the living spouse will receive
none or half of the deceased's estate. Thus, if you consent to being in a
marriage with your cohabitating partner, it's a good idea to register it with
the state so that proof is easy to find. Otherwise, your partner could end up
with nothing. Similarly, if you don't consider yourself in a commonlaw marriage
with the person you cohabitate with, try to ensure that you leave evidence as
such so that your estate goes to your family.
Formalizing a marriage, or formalizing that you're not married, even, could require the assistance of a lawyer like Marshall
Davis Brown. Planning your estate and even writing a will, as reluctant as some
people are to do this, is never a bad idea. It takes it out of the court's
hands to decide who gets what, and you can ensure that your loved ones receive
what they deserve.
Collaborative Law and Texas Divorces
Before entering any divorce case in Texas, you should know about
collaborative law: a process in which both parties agree to engage in honest
and fair communication in order to avoid going to trial for their divorce.
Of course, in the more hostile divorce cases this is a lot easier said
than done. It's sometimes difficult to put your feelings aside in order to
reach an agreement that is truly fair – we've all heard of divorce cases in
which one spouse or the other is attempting to acquire as much monetary gain as
possible out of spite. If your case is antagonistic in nature, it's better to
hire a sound Texas divorce lawyer, like Marshall
Davis Brown, Jr.
If you can put your feelings aside, though, and agree to think of the
interests of both parties and any involved children, it cuts out a lot of
middle men and saves a lot of time. You'll be able to save a lot on legal fees
and avoid a lot of court dates. You can still get lawyers to make sure that
settlements are fair, such as the division of property, but it's a much more
cooperative and communicative process than doing the entire thing through
trials.
The benefits of taking advantage of collaborative law are manifold – you
save time and money, and you can work out any emotional kinks to make sharing
custody of children less painful. Plus, if both parties are considering the
interests of the other, as well as their own, one person is less likely to take
advantage of the divorce and end up with more property and money than is
necessary or fair.
It's definitely an option to consider if you feel it's one you can handle
– but if there is any doubt, hiring a lawyer and taking the case to court is by
all means necessary. Remember, lawyers care about their clients and want things
to work out the best for them, despite any stereotypes about the profession.
The Profession of the Divorce Lawyer
In the United States, over 40% of
marriages end in divorce. The more prevalent it becomes – and it is very
prevalent in states like Texas – the more people grow accustomed to the idea or
have heard many other experiences and think they can brave the process without
a lawyer. Unless you're on crystal-clear terms with your soon-to-be ex-spouse,
you probably shouldn't go the DIY route. That's why divorce lawyers in Texas,
like Marshall Davis Brown Jr, are so successful.
At some point, most couples realize the Texas laws have many stipulations and
that it's difficult to come to an agreement without a legal mediator.
Most advisors would agree that if a couple has the money to spare, then
hiring a divorce lawyer is the way to go. Though Texas law is finely-tuned to
ensure a fair bargain for both parties, many couples don't realize just how
difficult it is to make an agreement with the person whom they are divorcing.
Divorce lawyers are seasoned in the consultations that make the divorce process
easier.
However, despite the fact that there never seems to be a shortage of
divorce cases for family lawyers to mediate, it's no easy job. Any case of
separation is an emotional one to deal with, but these professionals see incidents
of domestic abuse and children traumatized by the separation on a day-to-day
basis. For that reason, it's not a profession for the faint of heart. These
lawyers have to be willing to fight and fight hard for who is truly the better
parent or the victim in abuse – it's not about taking on a client and helping
them win, it's also a moral conflict.
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