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What is Considered an Asset in Divorce?

When a marriage ends, many questions need to be answered, including "what is considered an asset in divorce?" A general rule for determining what are considered assets in a divorce settlement is any property of value purchased during the marriage. Some assets are safe from divorce; but otherwise, a majority of assets acquired during the marriage are considered community property by the state of Texas and owned equally by both spouses. The division of assets during a divorce is usually 50/50, but some circumstances can result in an unequal division. Here's a look at what is considered an asset in a divorce: What Are Considered Assets in a Divorce Settlement? A married couple is considered to be joint owners of any property of value that [...]

How to List Assets for Divorce

Even an amicable divorce can be a complex matter if a couple has accumulated a lot of assets during their marriage. As you begin the process of dividing these assets, you may have several questions about which assets should be included in the division and which ones are off the table. Many divorcing couples ask, “How do I prepare my assets for divorce?” A qualified and experienced divorce attorney can help you to list your assets and get everything you’re due, but there are a few tips you should know going into the process. What Assets Should Be Included in a Divorce? Let’s start by defining what counts as an “asset.” For the purposes of the division of property, an asset is any item that can be converted into cash, w[...]

How Do You Determine Who Is at Fault in a Car Accident?

If you or someone you love has been involved in a car accident, you are not alone. In fact, in Texas in 2020 over 200,000 people were injured in auto accidents. Many of these situations resulted in insurance and/or legal claims. In these cases, determining fault was critical. If you have been in a car accident in the past, you know that determining who was at fault is not always easy to do. While in some circumstances, the answer to the question “who was at fault” is obvious; in many other instances, things are not so clear. In fact, quite often fault is heavily disputed, especially because insurance company payouts and lawsuit decisions rely on this information. If you or a loved one has recently been in an automobile acci[...]

What to Do When Your Spouse is Spying on You

Whether you know your relationship is on rocky ground or not, you may find yourself asking what to do when your spouse is spying on you. While no one likes to think it will get to this level, all too often it does, and you may feel threatened or angry that your privacy is being disrespected in this way. There can be numerous reasons for your spouse’s spying. He or she may not trust you and be looking for a reason to confront you or to justify his or her own actions. If you’re going through a divorce or a child custody battle, your spouse may be seeking information to use against you. These days, spying on a spouse is not uncommon and may include the hiring of an investigator or someone else to keep tabs on you. Understanding what [...]

What Is the Average Settlement for a Motorcycle Accident?

It’s very likely that if you’re involved in a motorcycle accident, you’ll suffer some kind of injury. You may decide to work toward a quick settlement to get your life back on track. How much will you receive? What is the average settlement for a motorcycle accident? The ability of an experienced motorcycle accident lawyer can mean the difference between a cheap, quick settlement and one that compensates victims fairly and substantially. To learn about the average settlement, you first need to understand what factors go into determining how much compensation a motorcycle accident victim can receive in Texas. We know that motorcycle accidents are very dangerous. In 2019, there were 975 injuries for every 100,000 registered bikes, ac[...]

What is the Most Common Child Custody Arrangement?

While joint custody is the most common arrangement for divorcing parents with children, our child custody lawyer can help you determine if this is the best arrangement for you. Everyone wants what is best for their child, but, unfortunately, when divorce enters the picture, parents may wind up warring over custody issues. While joint custody is most common, and courts are trending toward giving parents 50/50 time with their children, sole custody and primary physical custody are also possible custody arrangements, and conflicts over which arrangement is best can lead to a contentious court battle that is damaging to all parties. Ideally, couples who are divorcing should be able to negotiate and come to an agreement as to custody and [...]

How Do You Prove Wrongful Death?

Proving wrongful death means showing that another party’s neglect, carelessness, unskillfulness, or fault was the cause of the death. Losing a loved one is always a devastating experience, but when the death was caused by someone’s negligence, normal grief may be compounded by anger and the desire to punish the wrongdoer. In addition, after the death, survivors may be left without income or support at a time they are facing medical bills and funeral costs. While money can never replace a loved one, if you have lost a family member due to another party’s negligence or fault, you may be entitled to compensation through a wrongful death lawsuit. A settlement award can ease your financial burdens and help your family function, pay [...]

Does Adultery Affect Divorce in TX?

If your spouse cheated on you, you may want to know does adultery affect divorce in TX. Most states in the United States do not require you to give a specific reason to file for divorce. Many people file saying simply that there are "irreconcilable differences," which could mean almost anything, from differences in eating habits to differences in religion. However, in Texas, adultery can have a major impact on divorce proceedings. If one party can prove that the other is committing adultery, the judge may take that into account when considering property division and alimony. In Texas, you are allowed to file for a no-fault divorce. Many people might choose to have a no-fault divorce even if the other party is cheating, simply because a n[...]

Can You Sue for Lower Back Injuries in Car Accidents?

Have you been in a car accident and are confused about what to do next? Most people are worried about the cost of medical treatment and may hesitate to make decisions early on in a case because they are waiting to see what happens next. When it comes to possible back injuries, you should never wait. It is possible you can sue for lower back injuries in a car accident, but there are several steps you need to take first. You should seek medical care as soon as possible after any accident, because you may not realize you are injured at first. You may be in shock, or you might have so much adrenaline from the accident that you don't feel the pain yet. See a doctor so you can describe the impact and get the help you need right away. Even if [...]

How Much Compensation Do You Get for a Burn Injury?

Burn injuries can be incredibly severe and are immensely painful, and the costs associated with them may be considerable. If you have suffered burn injuries that occurred due to the negligence or recklessness of another person or organization, you may be entitled to compensation. Contact a Texas burn injury attorney today to learn more about your options as well as what type of award you can expect to receive. The Road to Compensation Filing a Burn Injury Lawsuit Unfortunately, burn injuries are common around the world, in the United States, and in Texas. Every year, fire, chemicals, electricity, and catastrophic events cause hundreds of thousands of individuals to suffer burn injuries. Burns can be caused by certain products[...]

Can You Change A Custody Agreement Without Going to Court?

If you are divorced or legally separated and have children with your ex, you likely have a court-approved custody agreement. But if you want it changed, you may want to know, can you change a custody agreement without going to court? The custody document specifically states the time your children will spend with you and your spouse, including holidays and weekends. It is required by law that both parents abide by the terms of the agreement, as it was created in the best interests of your child/children. That said, we all know that “life happens” and circumstances do not always remain the same. Over time, a variety of factors may contribute to the need to change your custody agreement. When this happens, you may wonder if you can[...]

How to Pay Medical Bills During a Brain Injury Lawsuit

If a loved one was involved in a severe accident, you may wonder how will you pay medical bills during your brain injury lawsuit. A serious brain injury can leave a victim with lifelong disabilities and medical and rehabilitation needs. If you have no health insurance, or not enough to cover the bills, this can be a major concern. The Evans & Herlihy Law Firm may help you pursue compensation, including payment for the victim’s medical care. We have successfully represented personal injury plaintiffs for more than 15 years, including those suffering from traumatic brain injuries (TBI). As a small firm, we offer personal attention that’s hard to find at a large corporate law office. To learn more about how we can help you and your fami[...]

Does It Matter Who Files for Divorce First?

Getting divorced is one of the most stressful things you will ever do, even if you are still friends with your ex. The process can be expensive and go on for several months, during which time you have to expose your most personal secrets to strangers. You may be wondering if you have a legal or strategic advantage if you are the one who files first. In Texas, it generally does not matter which party files first. However, it may still be beneficial to be the filing party. This depends on your circumstances, and every case is different. If you have any questions, you should speak with your divorce attorney about what is best for you. Advantages to Filing First There are several potential advantages to filing first. The Person Who Files[...]

Can You Sue for Pain and Suffering After a Car Accident?

If you were injured in a car accident and want compensation for what you’ve been through, you may wonder, can you sue for pain and suffering after a car accident? Pain and suffering are damages sought in an insurance claim or lawsuit. Damages measure in dollars the harm you suffered. Car accident pain and suffering can’t be easily converted into dollars, but there are methods used to fairly compensate accident victims. Evans & Herlihy Law Firm protects the rights and interests of accident victims. If you’ve been in an injury in a car accident, pain and suffering may be a regular part of your life. Severe injuries can be life-changing events that deprive you of an active, full life. You should get compensation for the mental[...]

How Do I Get a No-Fault Divorce in Texas?

If you’re having marital problems you can’t resolve, you may wonder, how do I get a no-fault divorce in Texas? Although neither of you may have done anything intentionally to wreck your marriage, a no-fault divorce isn’t necessarily a no-problem divorce. All the other issues that come with divorce need to be resolved, too. How well the process goes depends on the parties’ ability to amicably deal with spousal support, child custody and support, dividing assets and debts. Evans & Herlihy helps married couples divorce so they can start over and begin new lives. Most of our divorce clients use the no-fault system. If you have questions on divorce or how the process works, call us at (512) 732-2727 today. What is No-Fault Divorce [...]

How Child Support is Calculated in Texas

State statute determines how child support is calculated in Texas, though a judge has some flexibility. Whether you’re receiving or paying child support, you need to focus on your child’s needs and meet them as best you can. Judges take child support seriously, so if you’re obligated to pay it but can’t afford the payments, you could ask to reduce your obligations. Under Texas law, child support isn’t voluntary. If a court decides how much support you must pay, you have a legal duty to do so. Even though child support payments are required in Texas, parents often stop paying or pay less than the ordered amount. This may be the result of changes in a parent’s financial situation. They may be laid off or have unexpected[...]

What is the Average Payout for a Head Injury?

If you suffered a severe accident that caused harm to your brain, you might wonder, what is the average payout for a head injury? Payouts for any injury vary, depending on many factors. What you collect may be very different than what’s obtained by others. A head injury is often some form of traumatic brain injury (TBI). TBIs can range from mild concussions to fatal injuries. In some people, a mild concussion can have life-long impacts. Most important, it can leave you more susceptible to additional and more severe concussions. Serious TBIs can cause severe mental and physical disability, personality changes, and decreased intellectual functioning. Recovery from a TBI is difficult to predict. While some recover well, other people m[...]

What Legal Rights Does a Non-Custodial Parent Have?

If you’re going to be involved in a child custody dispute, you may not get custody, so you may ask, what legal rights does a non-custodial parent have? If this happens to you, unless there is evidence that you’ll endanger your child, you should have access to and spend time with your child. In Texas, if parents can’t reach an agreement about their rights to their children, a judge will decide. The most important thing a judge will think about is making a decision that reflects and promotes your child’s best interests. Texas uses legal terms related to child custody that are different than those used by other states. The Texas terms aren’t “custody” or “visitation.” The parent with the legal right to make important deci[...]

Using Kids as Pawns in Divorce

Using Kids as Pawns in Divorce is Harmful to Everyone There are no winners when children are drawn into divorce conflicts. Divorce is stressful enough for parents and children, but when parents use their kids as pawns, they may be subjecting them to irreparable harm. Children are caught in the middle and may become confused. Their sense of security and self-esteem may be damaged, and they may wind up blaming themselves. By putting children in a situation where they feel they have to choose between their parents, parents further destroy their relationship with each other and are unable to cooperate and co-parent in a manner that is in the child’s best interests. Children may resent and withdraw from their parents, creating long-term r[...]

Can Text Messages Be Used in a Divorce?

As divorce attorneys, we hear the question, “can text messages be used in a divorce?” quite frequently. Asking it makes a lot of sense. Think for a moment. You likely spend a significant amount of time on your cell phone. Today, more than ever before, many of us use texting as our primary form of communication with our friends, our families and, quite often, our significant others. In fact, newly dating couples tend to use text messages to get to know each other and even plan their dates. These texts are often fun and flirty. Cell phones offer an effective and efficient way to communicate. Unfortunately, as you are probably aware, conversations over text are not always happy and positive. In fact, many of us are more li[...]