The Bureau of Vital Statistics in Austin, Texas keeps track of all family law cases. I often have people call me to see if they are legally divorced.
1. Check the person's social security number. If the person is dead then the social security number will be inactive. And, you don't need a divorce since you are a widow.
2. If #1 does not work, then go to the Bureau of Vital Statistics website and search for information. With your full legal name, date of birth and social security number your info should show up. To be on the safe side, also include info on your spouse along with their date of birth and social security number (if known). Many times, the spouse will not include your name correctly or your info correctly to make it hard to find you.
3. You can also hire a private investigator to do a search for you. This tends to be fairly expensive but perhaps it's worth it to you.
Good luck!
Monday, February 27, 2017
Sunday, February 26, 2017
Texas Legislature for 2017 is very considering some new family laws
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In a recent editorial, Maria Anglin argues that getting rid of the no-fault divorce law in Texas is a bad idea.
State Rep. Matt Krause, R-Fort Worth, supports the idea that any couple looking to divorce should have to "live apart for three years before they can legally divorce."
Anglin counters that for some, "staying together is a painful mistake."
Maria Anglin, San Antonio Express News
Published around 01/07/2017
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Read Article: San Antonio Express News
My 2 cents:
1. Before Texas had "no fault" divorce then couples would hire a p.i. to "catch" the other spouse in a compromising situation. Many were made up.
2. Domestic violence occurs in a lot of divorces. So why force a person to stay married to a "bad" person?
3. The kids can look at the final decree of divorce (files are open to the public) and learn that their parent committed adultery. In my 25 years of being a TX lawyer, I've only done it once - that was when a minister who had sex with a 16 yr. old child was trying to get a new job in another state. This guy did not need to be around teen-age girls!
4. Judges no longer require counseling to try to save a marriage. Why? Because they found it did not work. Usually by the time a person files for divorce they are DONE with the marriage and it's beyond hope.
5. It's going to cost people more to divorce. Divorce in Harris County can run thousands of dollars. Why encourage higher legal fees that the average person cannot afford?
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Texas Supreme Court to hear same sex benefits case.
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The Texas Supreme Court is to reconsider same-sex benefits across the state.
The all-Republican state high court has agreed to hear reconsider a Houston case challenging the city’s benefits policy for married same-sex couples.
In October, Gov. Greg Abbott, Lt. Gov. Dan Patrick and Texas Attorney General Ken Paxton filed an appeal asking the Supreme Court to reconsider the same-sex benefits case.
Opponents of same-sex benefits may say that gay people have a fundamental right to marry but no right to equal benefits.
So stay tuned...
Alex Ura, Ft. Worth Star Telegram
Published around 01/20/2017
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Saturday, February 11, 2017
3 truths about mediation from www.mediation.com
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GREAT ARTICLE FROM WWW.MEDIATION.COM
3 Simple Truths about Mediation
Mediation is a process that has led to the successful resolution of a number of different types of cases, including partner disputes, divorce cases, custody issues, intellectual property claims, personal injury cases, multi-jurisdictional tort issues and even some criminal cases.
1. Mediation Can Benefit Both Parties
When mediation is handled properly, it can be an excellent process. Mediation is confidential, so even if the parties do not reach a settlement, they cannot disclose what was said in court. It is also a non-adversarial approach to legal problems in which the participants cooperate to resolve their legal dispute on their own terms. This allows mediation to resolve many disputes faster, cheaper and more amicably than litigation.
2. Mediation Takes Some Time
Participants cannot be in a hurry. The legal issues involved in mediation are often complex with the potential to impact lives for a long time to come. It takes time for the mediator to determine the interests of the parties and to work out potential solutions to these issues. The parties must be prepared to negotiate in an ongoing manner.
3. Not All Attorneys Support Mediation
Not all attorneys support the role of mediation. A seasoned litigator may rely on his or her own skills to try to get the outcome the client wants and may find little need for a mediator. However, mediation can often help both parties achieve positive results and develop solutions that litigation could not provide. Talk to your attorney early in the process to see if he or she supports mediation.
For info on mediation I'd look at the following websites:
www.mediate.com
www.mediation.com
Texas Association of Mediators
Texas Mediator Credentialing Association
Association of Attorney-Mediators
Academy of Professional Family Mediators
Association of Conflict Resolution - Houston Chapter
Association of Family & Conciliation Courts
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Monday, January 30, 2017
Wills and other estate planning documents
Please, please, please... talk to an attorney about a will and other documents that you might need.
Everyone needs a HIPAA release due to the recent changes in the laws that can find doctors thousands of dollars. Even if married, you need a HIPAA release for your spouse to talk to the doctor.
I also recommend that you think about
1. Who you would (or would not) want to be your guardian if you ever need one
2. Who you want to handle your funeral arrangements
3. Do you want to donate your body to science or leave the option open for body party to be donated
4. Who do you want to make medical decisions if you are unable to talk or communicate
5. Do you (or don't you) want to be put on life support if your death becomes inevitable
6. If you have children, who would you like to be your children's guardian (or not be appointed a guardian)
7. Who do you want to handle your financial affairs if you become unable to do so
I know we don't like to think about it but we are all getting older each day and none of us are getting out of death. At least, I've never met anyone.
You can save money and family feuds if you designate people to take care of your affairs.
And please don't wait until you are mentally unable to sign legal documents.
Do it now when there is no rush and you have time to think about it.
I encourage people to review their financial affairs and where they are in their life every 5 years.
I had someone listed that moved across the country so I had to revise my documents since he was no longer around to help me.
Everyone needs a HIPAA release due to the recent changes in the laws that can find doctors thousands of dollars. Even if married, you need a HIPAA release for your spouse to talk to the doctor.
I also recommend that you think about
1. Who you would (or would not) want to be your guardian if you ever need one
2. Who you want to handle your funeral arrangements
3. Do you want to donate your body to science or leave the option open for body party to be donated
4. Who do you want to make medical decisions if you are unable to talk or communicate
5. Do you (or don't you) want to be put on life support if your death becomes inevitable
6. If you have children, who would you like to be your children's guardian (or not be appointed a guardian)
7. Who do you want to handle your financial affairs if you become unable to do so
I know we don't like to think about it but we are all getting older each day and none of us are getting out of death. At least, I've never met anyone.
You can save money and family feuds if you designate people to take care of your affairs.
And please don't wait until you are mentally unable to sign legal documents.
Do it now when there is no rush and you have time to think about it.
I encourage people to review their financial affairs and where they are in their life every 5 years.
I had someone listed that moved across the country so I had to revise my documents since he was no longer around to help me.
Going to court and talking to a clerk
A friend just told me that she went to court and got legal advice. I asked who she talked to at the courthouse. She said a clerk at the window.
Please be advised that the clerk at the window might only have a high school decree. These people are usually not attorneys. And, they are not supposed to give legal advise.
In my friend's case, since she did not consult with a real attorney it's going to cost her family a lot of money to fix her problem.
Please be advised that the clerk at the window might only have a high school decree. These people are usually not attorneys. And, they are not supposed to give legal advise.
In my friend's case, since she did not consult with a real attorney it's going to cost her family a lot of money to fix her problem.
Statutory Rape
All men over 18, beware if you "date" or "talk" to any female under the age of 17.
A child under the age of 17, cannot consent to sex.
Even if they parents given you written permission, it's not enough.
If you are more than 2 years older then the girl then the "Romeo defense" flies out the window.
If in doubt, consult with a criminal attorney.
If you are convicted of sex with a minor then you end up a registered sex offender.
Your future employability will be greatly impacted.
Even if she says she is 17, 18, or 19 -- verify -- don't trust her. Even if she says she's old enough that is not good enough if you are arrested.
A child under the age of 17, cannot consent to sex.
Even if they parents given you written permission, it's not enough.
If you are more than 2 years older then the girl then the "Romeo defense" flies out the window.
If in doubt, consult with a criminal attorney.
If you are convicted of sex with a minor then you end up a registered sex offender.
Your future employability will be greatly impacted.
Even if she says she is 17, 18, or 19 -- verify -- don't trust her. Even if she says she's old enough that is not good enough if you are arrested.
Am I emancipated if I'm pregnant and under 18.
The short answer is No.
You are merely a child having a child.
If you want to emancipate (in Texas we call this "removal of disabilities") then you need to see a judge.
Having a baby does not magically make you an adult.
You are merely a child having a child.
If you want to emancipate (in Texas we call this "removal of disabilities") then you need to see a judge.
Having a baby does not magically make you an adult.
Texas and residency restrictions
Normally in Texas, most judges will put a residency restriction on the party that has primary custody of the kids.
It is normally the county they currently live in and any county contiguous to that county.
Contiguous means that it "touches" the county.
So for Harris County that would include Montgomery, Ft. Bend, Waller, Chambers, Liberty, Brazoria and Galveston counties.
And Ft. Bend surrounding counties would be different then Harris County and surrounding counties. The surrounding counties for Ft. Bend would be Wharton, Austin, Brazoria, Harris and Waller counties.
Of course, this area is huge so I usually find that it does not work and if agreed by the parties then the area can be limited - say to one county or to even a school district or a geographic area in a city (such as zip code 77024).
It is easier to co-parent and see the kids when you live close together.
Let's be realistic, kids forget their "stuff" all the time and it's much easier to stop by the other parent's home to get the forgotten time when you live nearby versus an hour away.
It is normally the county they currently live in and any county contiguous to that county.
Contiguous means that it "touches" the county.
So for Harris County that would include Montgomery, Ft. Bend, Waller, Chambers, Liberty, Brazoria and Galveston counties.
And Ft. Bend surrounding counties would be different then Harris County and surrounding counties. The surrounding counties for Ft. Bend would be Wharton, Austin, Brazoria, Harris and Waller counties.
Of course, this area is huge so I usually find that it does not work and if agreed by the parties then the area can be limited - say to one county or to even a school district or a geographic area in a city (such as zip code 77024).
It is easier to co-parent and see the kids when you live close together.
Let's be realistic, kids forget their "stuff" all the time and it's much easier to stop by the other parent's home to get the forgotten time when you live nearby versus an hour away.
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