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Articles Posted by McClure Law Group

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When Business and Pleasure Become Commingled

If your business partner is also your life partner, you need to consider a recent Texas high court decision. (read more) Gonzalez v. Maggio, 500 S.W.3d 656 (Tex. App. – Austin 2016) is a Texas case that illustrates the complexities of ending a business partnership along side of ending a…

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Case Law Update on Invasion of Privacy in Texas

According to a recent case from the Texas Court of Appeals in Dallas, a spouse’s secret recording of the other spouse at a time when the other spouse believed he or she was in a private setting can support a tort claim for invasion of privacy. Miller v. Talley Dunn…

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Protect Yourself with a Prenuptial Agreement Before You Wreck Yourself with a Divorce

Wedding season will be upon us soon, and if you or somebody you care about will be getting married this summer, now is the time to strongly consider getting or recommending a premarital agreement if one has not already been executed. While premarital agreements might have previously been thought of…

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Cohabitation Agreements: The Wave of the Future?

With more and more unmarried couples cohabiting these days (regardless of whether they have plans to eventually “tie the knot”), cohabitation agreements are becoming more popular. A cohabitation agreement specifically allows cohabitants to legally define their rights and obligations toward each other.  Cohabitation agreements can be very useful when one…

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LGBT Rights Still Likely to Remain an Issue after U.S. Supreme Court Decision

This past summer, the United States Supreme Court issued its landmark decision in Obergefell v. Hodges, which held that under the U.S. Constitution, no state may forbid same-sex couples from marrying and that no state may refuse to accept the legality of same-sex marriages performed elsewhere.  This Supreme Court opinion,…

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What’s Mine Is Mine – Understand Separate Property

Understanding separate property laws is crucial for divorcing spouses. If a spouse can prove certain property as his or her separate property, then the Constitution of State of Texas prohibits that spouse from being divested of his or her separate property. As such, separate property is “off the table,” so…

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In Light of Obergefell v. Hodges Decision, State of Texas Now Ordered to License and Recognize Same-Sex Marriage

Friday, June 26, 2015, was unquestionably a historic day in the realm of family law, constitutional law, and for the country as a whole.  On this day, a majority of the Supreme Court of the United States held that the Fourteenth Amendment of the U.S. Constitution requires a State to…

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I’ve filed for divorce….so what happens next?

Perhaps the most frequent questions we encounter from clients shortly after filing for divorce are “How long is this going to take?” and “What happens next?”  Of course the answer to these questions depend upon how cooperative the spouses will be during the pendency of the divorce process.  In general,…

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RECENT TEXAS CASES INVOLVING THE RECOGNITION OF FOREIGN DIVORCE

There has been a lot of talk in this country lately about recognition of same-sex marriage and same-sex divorce, but what about recognition of foreign divorces?  In the melting pot that is the United States of America, divorce from foreign countries and their applicability to Texas family law cases are becoming increasingly…

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Congratulations on the birth of your baby boy! Now what?

For the parents of a brand new baby boy, oftentimes the first medical decision to be made for the child is whether he should be circumcised.  This medical procedure is usually performed in the hospital shortly after the birth of the child and outside the presence of the parents, or in the Jewish faith, eight days after…

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