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How to File for Divorce in Texas

  • June 1, 2023
  • Evans & Herlihy
  • Divorce

Divorce is never an easy decision to make. However, once an action has been taken, filing for divorce is the next step. But, it may not be that easy. What does filing for divorce in Texas entail? How do you start the divorce process? Before anything else, you must understand that every jurisdiction is unique; this means that one state's regulations and processes would differ from those in another. To prevent major financial and legal issues, however, you should always consult an experienced divorce attorney, regardless of where the divorce is filed. Preparing for a Divorce in Texas: What You Need to Know Before applying for divorce (sometimes called "dissolution of marriage") in Texas, you should find out if you qualify as a sta[...]

How Much Is a Spinal Cord Injury Worth in Texas?

Spinal Cord Injuries Change Lives Have you suffered from a spinal cord injury? If so, you may be facing life-changing challenges. Victims of spinal cord injuries have a lot on their plates. In addition to having considerable medical bills and the need for extensive care, their ability to work, earn a living and go about life in the manner they had become accustomed to can be overwhelming. Injuries like this are even more frustrating when they occur due to the negligence of another individual or entity.  When the preventable results are unfathomable, it can be difficult to move forward. Those who have suffered a spinal cord injury because of the negligence of others may be eligible for a financial settlement by filing a personal in[...]

Biggest Dangers for Motorcycle Riders

Motorcycle riding can be an exhilarating experience -- the wind in your hair, cruising down a highway, and enjoying the freedom that comes with owning a motorcycle.  That said, there are dangers involved in riding motorcycles in Texas.  In this post, we are highlighting the biggest dangers for motorcycle riders in Texas. Other Drivers on the Road - One of the most common dangers for motorcycle riders are the other drivers on the road.   Motorcycles are small, and other drivers are less likely to see them when they are changing lanes.  This may cause a driver to move into a lane where a motorcycle is riding and hit it.   In addition, motorists may be distracted because they are eating, drinking, or texting, which may cause an acc[...]

Who Pays for Travel for Child Visitation in Texas?

Child Custody Decisions Are Important Issues Always Seem to Arise Divorce. Custody Decisions. Parenting Plans. The list goes on and on. When you and your ex-spouse got married and had children, you likely never anticipated having to deal with these issues. But, here you are. Unfortunately, life rarely goes as planned. Over time, both people and relationships change, and, often, going their separate ways is the most logical and healthy thing to do. That said, when minor children are involved, this decision and how to effect it appropriately become increasingly more arduous.  The sheer number of choices to be made are mind-boggling, and coming to an agreement with your soon-to-be ex can be challenging. Even those couples that ag[...]

What is the Statute of Limitations for Personal Injury In Texas?

After being in an accident, you only have a certain amount of time to file your personal injury claim. This time limit is called the statute of limitations. Under Texas law, the statute of limitations is two years from the date of the accident. If you fail to file your claim in time, it could be dismissed by the court. Understanding the statute of limitations can be difficult, but this article can help you know when to file your personal injury case in Texas. What Is a Statute of Limitations? A statute of limitations is a law that limits the amount of time you have to file a particular case. The statute of limitations period will depend on the type of case you want to file and may differ depending on certain circumstances. The s[...]

Can I Appeal A Child Support Order?

If you have a child support order in Texas, you probably know that you can modify it when it becomes necessary. Circumstances change, children get older and have different needs, so the courts allow modification of a support order under certain conditions. You may ask, "Can I appeal a child support order?" Yes, but you need legal advice. When you file an appeal for a court order, you claim that there is something wrong with the way the original order was written, or there were errors in the procedure when it was made. You are asking the court to reconsider the order itself, not merely make changes in the amount. Before you attempt to modify or appeal a child support order, you should contact a child support attorney. At Evans & He[...]

Can I File a Personal Injury Claim After a Motorcycle Accident?

A Texas Motorcycle Accident Lawyer Can Help Win Compensation Riding a motorcycle can be a fun and inexpensive way to travel, but motorcycles are no match for larger vehicles and offer little protection in a crash. As a result, people on motorcycles are 28 times more likely to die in an accident, according to the National Highway Traffic Safety Administration. Survivors may be left with serious injuries and dealing with pain, increasing medical and rehabilitation bills, and loss of income from being unable to work. Fortunately, Texas law offers a way to help. If you or a loved one has been injured or someone has died in a motorcycle accident due to another party’s negligence or fault, you may be entitled to compensation for the damag[...]

Should I Get a Lawyer After a Car Accident?

A Texas Car Accident Lawyer Can Help Win Compensation Being involved in a serious car accident can leave you injured, traumatized, and confused as to what to do next. Not only do you have to deal with your injuries and their effects on your life and your future, you may be hit with huge medical, rehabilitation and repair bills at a time when you are unable to work. You need help, and one of the first questions you may be asking is whether you should get a lawyer after your car accident. The answer depends on the circumstances, as every case is different and not every car accident case requires an attorney. While in many cases hiring an attorney is the best decision, there are times when you may not need one. For example, if you were i[...]

How Long Does It Take To Settle A Wrongful Death Suit?

No one expects their loved one to be taken too soon by a careless or reckless accident. Wrongful deaths are heartbreaking, senseless, and unfair. Picking up the pieces and attempting to move forward can be challenging in the aftermath of a wrongful death tragedy. The potential payout from a wrongful death settlement can provide a glimmer of hope. Find out how long these settlements take and how a Texas personal injury lawyer can help. How a Wrongful Death Lawsuit Can Help Your Family A wrongful death is one of the most tragic personal injuries a law firm takes on. No amount of money can ever replace your loved one. However, a wrongful death settlement can help you and your family in other ways. A wrongful death settlement can provi[...]

How Long Do You Have to Sue After an Accident?

If you have recently been in a car accident in Texas, your life may seem like a whirlwind right now.  You need to focus on your recovery from physical and mental injuries and make sure all of your affairs are in order.  Also, you will want to figure out if you can sue the other driver of the car accident, as you may be entitled to compensation for your injuries.  You may have had to miss work, and you may be dealing with high medical bills. Even though your health is the No. 1 priority, you should not delay if you are thinking of filing a claim for your injuries.  You may be asking yourself, how long do you have to sue after an accident? The “statute of limitations” is the deadline for filing a lawsuit against the driver whose[...]

How Is a Settlement Calculated in a Car Accident Case?

On average, car accident victims in the U.S. who file a lawsuit receive $19,000. However, the average settlement amount doesn't tell you much about what you can expect to receive for your case or situation. The "typical" amount can't be used to indicate the compensation you will receive for your case or situation. If you are in a situation where you are filing a personal injury lawsuit after a car accident, you likely have a few questions. Some of the most common include: How is a settlement calculated in a car accident case? How to determine compensation in a car accident case? How is insurance compensation calculated after a car accident? If you have questions like these, keep reading. Here you can learn more about th[...]

Can I Sue for a Concussion?

A concussion is a mild traumatic brain injury or TBI that happens after you experience a blow to the head; however, it can also occur if your head or upper body is shaken violently. Unfortunately, concussions aren’t uncommon. While people often relate cases of concussion to sports like football, they can also be caused during a fall or car accident. Usually, a concussion does not cause a loss of consciousness. Symptoms of concussion include the inability to concentrate, headaches, poor judgment, memory impairment, and the loss of coordination or balance. If you are involved in an accident that causes a concussion, you may wonder – Can I sue for a concussion? After being involved in an accident, you may be able to make a pers[...]

Can You Sue If You Get Burned at Work?

Workplace accidents happen, and when they do, you may wonder when you can sue if you get burned at work. These thoughts are understandable, particularly when you are undergoing medical treatments and need time off to recuperate from your injury. Rising expenses and loss of wages can soon become worrisome and stressful, and you need to know your rights and what your options are when it comes to recovering expenses and damages. Can You Sue if You Get Burned at Work? If a burn injury occurs while you are at work, you may be required to file a workers’ compensation claim first. If not, suing your employer or a negligent third party is a potential option, depending upon the circumstances surrounding the accident. If you work for an em[...]

Can You Get Punitive Damages in a Car Accident Case?

If you have been injured in a car accident in Texas because of another driver’s negligence or carelessness, you may be entitled to several kinds of damages. Texas law allows you to recover damages to compensate for losses like medical expenses, lost wages, and pain and suffering. In cases involving particularly bad conduct by someone else involved in the accident, you may be able to recover additional damages that do not compensate you for any loss. Instead, the purpose of this type of damages, known as “punitive damages” or “exemplary damages,” is to punish the defendant or to make an example of them because of their bad behavior. To recover punitive damages in a car crash case in Texas, you would have to show that a defendant ac[...]

How Many Children Are Injured by Toppling Furniture?

Something many parents do not consider once their children start crawling, walking and climbing is that the children could suffer injuries when furniture falls on top of them. It often does not cross a parent's mind because they assume that since the furniture is heavier than the child, this means the child can’t move it. Sadly, though, injuries caused by overturned furniture are not terribly uncommon. Just how many children are injured from toppling furniture? According to studies, quite a few, especially children under six years of age. How Many Children Are Injured by Falling Furniture? According to a study by the Center for Injury Research and Policy at Nationwide Children's Hospital as cited by The Washington Post, a child r[...]

What To Do When a UPS Truck Hits My Car

What To Do If a UPS Truck Hits Your Car Car Accidents Are Always Stressful The sight of a UPS truck may bring a smile to your face. If it’s heading to your house it means that your delivery is imminent. Even if you just spot one on the road, someone is likely getting something they have ordered. That’s good news, right? Unfortunately, deliveries do not always go smoothly, and, as with most motor vehicles, sometimes accidents happen. While car accidents, in general, are upsetting, getting hit by a truck is particularly traumatizing. We have all seen the brown and yellow UPS trucks on the roads and know that they are considerably larger than our personal vehicles. The impact from accidents with a UPS truck is considerable - [...]

Can You Sue For Child Support Years Later?

Child Support Is Important Not All Parents Are Responsible Parents Raising children is never easy. It’s an emotional and often costly endeavor. Expenses for food, housing, clothing and care certainly add up. What’s more, raising children after a divorce can be especially challenging. What was once a combined effort is now fractured. All of a sudden you are faced with custody and visitation issues -- and questions about child support. While courts determine the appropriate amount of child support based on a host of factors, life does not always proceed as planned. Just because a judge orders something to happen, this does not mean it actually will. Not every parent is a responsible parent. In many instances, child support is n[...]

Does Collaborative Divorce Work?

Divorce is an emotionally stressful experience for spouses who want to end their marriage, but sometimes it can be a process where the stress is minimal. When both spouses can get along well enough to cooperate with each other, they can benefit from engaging in a collaborative divorce. A collaborative divorce is one where the spouses are able to negotiate the terms of the settlement, child custody agreements, and spousal support without getting overly upset or seeking to hurt the other spouse during the divorce process. It's a wise idea to retain a divorce lawyer even when both spouses are congenial about ending their marriage. A divorce lawyer provides guidance for their client and makes sure that their client's interests are protected [...]

How to Get Sole Custody in Texas

When a loving family member discovers the other parent is not acting in their child’s best interest, that can be a heart-wrenching moment. But that’s also the time to take action and protect your innocent child and prevent any physical or emotional harm from occurring. As an experienced child custody law firm, we know that how to file for sole custody in Texas is not particularly difficult. But winning a sole custody case requires determination and family court experience. If you are considering how to get full custody of a child in Texas, this is what you need to know. What is Sole Custody? When a parent assumes sole custody of a child, they possess exclusive rights. The sole custody designation generally means that one parent en[...]

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 [...]