Bradford Law Firm, PCBradford Law Firm, PC2025-03-31T12:40:18Zhttps://www.texaslawyerlady.com/feed/atom/WordPress/wp-content/uploads/sites/1201785/2020/12/cropped-BradfordLaw-site-icon-32x32.pngOn Behalf of Bradford Law Firm, PC<![CDATA[What are the benefits of mediation for divorce?]]>https://www.texaslawyerlady.com/?p=469862021-12-08T12:45:57Z2021-12-08T12:45:57Zbenefits for some individuals in mediation, and this post will introduce some of those advantages herein.
Costs
Generally, mediated divorces cost less than litigated divorces. That is because going to court before a judge costs money. There may be fees associated with retaining an attorney for litigation and the actual costs of going to court. Related, litigated divorces can take longer to resolve than mediated divorces and can therefore incur costs for a longer period of time.
Satisfaction
Through mediation, individuals can work out their own divorce-related settlements. When individuals have a say in how their custody, support, and property division matters will resolve, they may have more ownership in the success of those matters. Mediation can give individuals more control over their divorce proceedings.
Less stress
Though all individuals are different and may have their own experiences, mediated divorces can be less stressful than litigated divorces. Less stress during a divorce is often perceived as a benefit for those ending their marriages.
There are times when divorces should go through the courts. There are opportunities, though, for individuals to mediate the terms of their divorces. Attorneys who handle divorce cases can offer their clients more information on these and other family law subjects.
]]>On Behalf of Bradford Law Firm, PC<![CDATA[Singer Faith Evans is getting divorced]]>https://www.texaslawyerlady.com/?p=469822021-11-19T09:47:32Z2021-11-19T09:47:32ZThe split was inevitable to many. The embattled couple experienced ups and downs throughout their marriage, many of them public. Most notably, Stevie J. appeared to accuse Evans of infidelity in a social media post. He would later claim his account was hacked.
The couple surprised many fans and family members by suddenly eloping in 2018. Stevie J. (real name Steven Aaron Jordan) was close friends with rapper Biggie Smalls, Evans’ former husband who died in 1998.
Evans has recorded three platinum albums, including Faith (Faith), Keep the Faith (1998), and Faithfully (2001)
Stevie J., for his part, has penned numerous hits for many acclaimed artists, including Jay-Z, Mariah Carey, and the Notorious B.I.G.
Winning your divorce starts with the right lawyer
Divorce is about protecting your interests. We all have things of value, even if we’re not millionaire recording artists. They could be of financial, emotional, or sentimental value; regardless, it’s critical that they end up in the right hands.
An experienced divorce lawyer can help protect what matters to you. They understand the nuances of the law and can vigorously represent your position before a judge or mediator.
Dallas residents shouldn’t hesitate to reach out. If cost is a concern, many lawyers offer a free initial consultation at no out-of-pocket cost to the client.
]]>On Behalf of Bradford Law Firm, PC<![CDATA[Do men get a fair shake in custody hearings?]]>https://www.texaslawyerlady.com/?p=469842021-11-17T10:06:10Z2021-11-17T10:06:10Zlaw, the court cannot legally use a parent’s marital status or the sex of either parent to make custody, known under the law as "conservatorship," decisions. Rather, factors that influence conservatorship determinations are what is in the best interests of the child, which in Texas includes:
the child’s age and wishes, if of the age to decide
their relationship to each parent
the parents’ respective health and financial status
a history of abuse or neglect
Fortunately, divorce cases must go through mediation first in Kaufman and surrounding areas before litigation can take over. In fact, most cases don’t end up in court. Although parents can resolve most issues in the divorce settlement, fathers who wish to remain in their children’s lives after divorce should find out how they have the law on their side to protect their parental rights.
The traditional role of the father in a child’s life
An often-cited study from 2011 by the Pew Research Center has emphasized the limited role of the father in the early development of the child, and how this impacts his later resolve to have a significant role in the child’s life post-divorce. Although changing societal norms over the past decade have made some of these findings anecdotal, they are nonetheless revealing of the invisible bias that many fathers still feel.
The mother’s dominant role in the child’s life in their formative years creates stronger bonds later, even when the father takes on active roles in daily activities such as help with homework, playtime, and shared meals. In the study, more than half the time in divorce cases, both parents – not the judge – mutually agreed on the decision for the mother to retain custody.
The diminishing role of the father after divorce
Regardless of the father’s role during marriage, after divorce only 22% see the kids more than once a week, and nearly a third of them have no contact at all with the children. As fathers often view themselves primarily as the provider of the family, they may be less likely to fight for a greater caregiver role after divorce.
Fathers who wish to have a larger role in their children’s lives should know that they do have the law on their side. A key factor in how successful they will be in advocating for their parental rights is in their willingness to fight for more time and in convincing the judge of their realistic commitment to do what is in the best interests of their child.
]]>On Behalf of Bradford Law Firm, PC<![CDATA[Understanding sexual assault laws in Texas]]>https://www.texaslawyerlady.com/?p=469602021-11-03T13:07:05Z2021-11-08T14:06:17ZDifferent types of sexual assault
Intercourse or sexual contact with a child is one type of sexual assault. Texas Penal Code Section 22.011, which lists the various types of sexual assault, uses the term ‘child’ for anyone under the age of 17. It doesn’t matter whether the person committing the act knows the child is underage – they must only intend to do the act itself.
Although the term ‘rape’ is not used in the statute, committing acts of a sexual nature against another through violence or coercion is obviously prohibited. Texas just uses the term sexual assault, rather than rape. Threats of force or violence are also sufficient, if the person making the threats has the ability to carry them out.
Consent, or the absence of it, comes up frequently in Texas’ sexual assault statute. It includes situations where a person is not conscious or is otherwise unable to give consent. It includes situations where a person suffers from a mental disability, so that they cannot appreciate either the act itself or what consent would mean. Severe intoxication can also implicate these circumstances.
Defense options
There are affirmative defenses which can be offered against claims of sexual assault in certain situations, such as being less than three years older than a child, when that is the issue. But more often, a sexual assault case will turn on the specific facts of the case and the people or witnesses involved. As a result, a rigorous investigation is absolutely necessary.
]]>On Behalf of Bradford Law Firm, PC<![CDATA[Man charged with murder for deadly shooting outside car wash]]>https://www.texaslawyerlady.com/?p=469582021-10-21T12:02:27Z2021-10-21T12:02:27Znews reports, a 27-year-old man was arrested and booked in County Jail for allegedly shooting and killing a 30-year-old man outside a Dallas car wash. Per the police, the two men were arguing in the wee hours of the morning when the now deceased 30-year-old man slapped the 27-year-old man. The police allege that in response, the 27-year-old shot the other man and fled from the scene in his car.
The man who suffered the gunshot wound was taken to the hospital where he succumbed to his injuries. Two witnesses were able to identify the 27-year-old alleged shooter and were also able to find his social media account. The man is now facing murder charges.
Murder charges in Texas
The consequences of a murder conviction in Texas are serious. In addition to the prison time that a convict may have to serve or the fines that the convict may have to pay, a murder conviction can bring about several other challenges in the life of the accused, which can range from the inability to find a job to facing boycott in the society.
However, with the right legal intervention at the right time may be able to ensure that the rights if the accused are protected under all circumstances. Also, with the right preparation and the right set of evidences and witnesses, it may be possible to convince the court to look at the case from a more considerate point of view.
]]>On Behalf of Bradford Law Firm, PC<![CDATA[Understanding the nuances of same-sex divorce in Texas]]>https://www.texaslawyerlady.com/?p=469552021-10-13T12:28:15Z2021-10-13T12:28:15ZThe three-pronged test
Before the 2015 Supreme Court ruling that legalized same-sex marriage based on constitutional grounds, the state of Texas did not recognize such unions and therefore also did not grant same-sex divorce. This was the case regardless of whether the couple married within the state or elsewhere.
All that has changed now. Same-sex couples may legally enter into a common law or informal marriage that may or may not be registered, as long as they satisfy three requirements that they:
reside in the state of Texas
state that they are married
agree to be married
These requirements must happen at the same time. The minimum age that an individual may enter into a common law marriage is 18, and they must also be legally single. If there is a dispute over when the marriage began, there must be evidence to prove the commencement of the marriage. Couples may also sign under oath a Declaration of Informal Marriage at the county clerk’s office.
Challenges that may arise in same-sex divorce
Same-sex couples who are divorcing will follow the same laws regarding property division, custody or visitation rights and support issues as heterosexual couples. Complications arise, however, if there are questions about how long the couple has been together.
Texas is a community property state, meaning that the judge will likely divide all marital property equally. But if the couple was together before their marriage was legal or if there is a dispute over when it began, any property acquired during that time is considered separate and not divisible, even if the couple used common funds to acquire it. This can lead to an unequal property settlement.
For the same reasons, decisions about alimony awards may be difficult to determine, and establishing parental rights may be challenging if the couple adopted or had a child before the union became legal. For residents of Kaufman County and surrounding areas, it is important to know where to go to get more information on these and other issues.
]]>On Behalf of Bradford Law Firm, PC<![CDATA[How does Texas define drug manufacturing and how is it penalized?]]>https://www.texaslawyerlady.com/?p=469512021-10-04T07:42:56Z2021-10-04T07:42:56Zdrug manufacturing laws in Texas.
What constitutes drug manufacturing in Texas?
Drug manufacturing covers a variety of activities. It involves producing, preparing, advertising, converting, compounding or processing a controlled substance (except for marijuana which is addressed elsewhere in the Texas statutes). Drug manufacturing also includes packaging, repackaging or labeling of a controlled substance. However, these rules do not apply to pharmacists lawfully handling controlled substances or scientists using it for research, teaching or analysis with no intention of delivery.
What are the penalties drug manufacturing in Texas?
The penalties for drug manufacturing depend in part on what type of controlled substance is at issue and how much of the controlled substance is at issue. Today we are going to focus on “Penalty Group 1” drugs, which includes LSD and fentanyl, among other drugs and compounds.
If you manufacture less than one gram of Penalty Group 1 drugs, it is a state jail penalty. If you manufacture one or more grams of a Penalty Group 1 drug but less than four grams of a Penalty Group 1 drug, it is a second-degree felony. If you manufacture four or more grams of a Penalty Group 1 drug but less than 200 grams of a Penalty Group 1 drug, it is a first-degree felony. Finally, if you manufacture 200 grams of more of a Penalty Group 1 drug but less than 400 grams of a Penalty Group 1 drug, you could receive a life sentence and a fine of up to $100,000. This fine goes up to $250,000 if you manufacture 400 grams or more of a Penalty Group 1 drug.
Learn more about your rights if you are accused of drug manufacturing
It is important to remember that no matter how serious the criminal charges you face are, you still have rights that the police and prosecutors cannot violate. Never lose hope, even when the stakes are high. With the right help and knowledge, you can develop a solid defense strategy to counter the charges you face.
]]>On Behalf of Bradford Law Firm, PC<![CDATA[What issues are common in a ‘gray divorce?’]]>https://www.texaslawyerlady.com/?p=469492021-09-21T15:05:58Z2021-09-21T15:05:58Zgray divorce” -- that is, a divorce of those in the 50’s, 60’s or older. Older couples facing a “gray divorce” may not be at each other’s throats, but also may no longer desire to remain together as a couple. The following are some issues those facing a gray divorce may face.
Children in a gray divorce
When younger parents divorce, child custody decisions are of paramount importance. When making child custody decisions the best interests of the child must prevail. This may mean each parent shares joint legal custody and/or joint physical custody. Other times, one parent may have sole legal and/or physical custody of the minor child. In addition, one parent will likely have to pay child support to the other parent as their contribution to meeting the child’s financial needs.
However, if a couple divorces in their 50’s, 60’s or older, their children have likely flown the nest, are independently living on their own and may even be married with children themselves. While an adult child will certainly be affected by their parent’s divorce, they are no longer dependent on their parents to meet their daily care needs. Thus, a gray divorce can be simpler in the sense that generally child custody and child support are not issues that need to be resolved during the divorce process.
Alimony and property division in a gray divorce
While child-related issues may not be on the table in a gray divorce, alimony and property division may take center stage. Alimony, also known as spousal support or spousal maintenance, are payments made by one spouse to the other to place both parties in a position of financial independence. While alimony may be temporary for younger couples who can both seek and hold down a job, alimony for older couples may be made permanent.
This may especially be true if one spouse has been out of the workforce for decades because they were committed to raising their family at home or if the receiving spouse is of an age or health, where going back into the workforce is not an option.
Property division also becomes a primary issue in a gray divorce, especially when it comes to retirement assets. It is important for spouses going through a gray divorce to note that dividing certain retirement accounts require additional steps, such as obtaining a qualified domestic relations order (QDRO).
Moreover, if neither spouse is working anymore, it is important that the division of assets is fair and appropriate. Texas is a community property state when it comes to property division. This means that each spouse has an equal ownership interest in all marital property, which will be divided evenly between them in a divorce. Marital property includes income and assets earned or purchased by either spouse during the marriage.
Learn more about a gray divorce
We all dream of happily ever after when we are young. However, what defines “happiness” changes as we age and if our happiness looks significantly different from that of our spouse it may be time to consider divorce. Divorce does not deserve the negative stigma it has among some circles.
It is a reasonable and pragmatic way for two people to move forward into their life on footing that makes them both happy, even if it means ending their marriage and moving forward separately. Those who are interested in learning more about a gray divorce can work with a professional experienced in such matters.]]>On Behalf of Bradford Law Firm, PC<![CDATA[How will the Build Back Better Act affect estate planning?]]>https://www.texaslawyerlady.com/?p=469472021-09-20T17:07:54Z2021-09-20T17:07:54ZGrantor retained annuity trusts
GRATs have been an estate planning tool since the 90s, and they are one of the most widely used taxpayer transfer trusts. In a GRAT, the grantor transfers assets to the trust, but the grantor can still take payments over a few years that are about the same value as the contributed assets. Under the current tax code, this means that the gift to the trust is not taxed, and if the trust asset appreciate, that appreciation can transfer tax free, as long as the grantor survive the GRAT annuity term.
GRAT changes
Section 2901 of the proposed BBB Act changes this because GRATs will not longer qualify as beneficial. This means that at the end of the annuity term, the trust assets will still be part of the estate tax calculation. If those assets pass to a child or to a non-grantor trust, they will be treated as a gift and subject to the gift tax. This essentially eliminates any benefit of a GRAT. What is worse, under Section 1062, any appreciation could trigger capital gains taxes.
Insurance trusts
Another form of a grantor trust is called an insurance trust. These are used to ensure that someone’s life insurance is not subjected to the estate tax. The insurance premiums are paid through making annual gifts to the insurance trust. While existing insurance trusts will be grandfathered, future insurance trusts will lose some of their tax benefits. Specifically, premium contributions will result in at least that portion being taxable, and taxpayers will be responsible for tracking these payments to avoid IRS fees and penalties. Plus, the death benefit itself will also become taxable as part of the estate tax.
As our Forney, Texas, and Dallas–Fort Worth metroplex readers can see, the BBB Act will make significant changes to the tax code. This is why it is so important to get an estate plan updated or created now, before the new tax code becomes law.]]>On Behalf of Bradford Law Firm, PC<![CDATA[My spouse cheated on me. Can I get divorced immediately?]]>https://www.texaslawyerlady.com/?p=469432021-09-06T05:54:23Z2021-09-03T05:53:28ZTexas law does provide other mechanisms that may be valuable to spouses who want to separate from one another.
Temporary orders preceding a Texas divorce
In Texas, either spouse can seek a temporary order prior to divorce. These orders can provide a spouse with a temporary injunction prohibiting the waste of marital assets, ordering the production of tangible records, awarding one spouse the exclusive right to occupy the marital home while the divorce is pending and protecting both spouses in a way that is necessary and equitable. These temporary orders are meant to protect both spouses as they move through the divorce process.
Grounds for divorce following a separation
In Texas, adultery can be a ground for divorce. However, living separately for at least three years can also be a ground for divorce. Texas law also recognizes no-fault divorce.
While there is no separation requirement under Texas law to seek a divorce, if one or both spouses have been Texas residents for at least six months and as long as one of them has been a resident of the county where they want to file for divorce for at least 90 days, they can file for divorce based on one of the aforementioned grounds or a grounds recognized by state law but not included in this post.
Filing for divorce after adultery
If your spouse was unfaithful, it is only natural that you do not want to live with them anymore. However, recognize that a divorce must be based on certain grounds, and you must meet residency requirements. If you can put emotions aside, mediation may be another way to obtain a divorce in a manner that is satisfactory to you and your ex. Finally, while there is no “legal separation” under Texas law you may also be interested in seeking temporary orders that will protect your interests while your divorce is pending.
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