McClure Law Group, Author at Texas Divorce Attorney Blog

When Business and Pleasure Become Commingled

Published on: February 6, 2017 | by McClure Law Group

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 personal partnership. The Texas Court of Appeals reviewed how a husband and wife, who were also law partners, would divide their clients, fees, and remaining clientele.

The case arose out of a divorce in which the husband and wife had also formed a law partnership during their marriage. There was no written partnership agreement but it was undisputed that they shared in the capital, profits and losses 50/50.

Case Law Update on Invasion of Privacy in Texas

Published on: November 7, 2016 | by McClure Law Group

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. Continue Reading ›

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

Published on: February 21, 2016 | by McClure Law Group

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 Continue Reading ›

Cohabitation Agreements: The Wave of the Future?

Published on: December 27, 2015 | by McClure Law Group

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 of the cohabitating parties dies or if the cohabitants decide to end their relationship. They can also be very useful Continue Reading ›

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

Published on: November 1, 2015 | by McClure Law Group

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, however, did not address issues regarding children of same-sex marriages/partnerships. As evidenced below, much work still remains to be done in this regard. Continue Reading ›

What’s Mine Is Mine – Understand Separate Property

Published on: August 3, 2015 | by McClure Law Group

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 to speak, when it comes to division of the estate either by a court or through a settlement agreement. Therefore, if a spouse is able to prove certain property as his or her separate property, then such characterization can dramatically influence the framework for settlement negotiations and/or relief sought from the Court. Continue Reading ›

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

Published on: June 28, 2015 | by McClure Law Group

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 license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. Justice Kennedy, who delivered the majority opinion of the Court, was joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan in this momentous decision. Continue Reading ›

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

Published on: June 12, 2015 | by McClure Law Group

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 Continue Reading ›

RECENT TEXAS CASES INVOLVING THE RECOGNITION OF FOREIGN DIVORCE

Published on: May 3, 2015 | by McClure Law Group

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 common issues that are being addressed by trial and appellate courts in the Lone Star State.

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

Published on: April 1, 2015 | by McClure Law Group

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 the birth of the baby boy, which is part of the brit milah (a.k.a. bris) ritual. But what happens when the parents do not agree on whether their baby should be circumcised? What legal recourse do the parents have in Texas? The answer is not an easy one.

In Texas, parents can legally resolve their disputes in a “Suit Affecting the Parent-Child Relationship” (“SAPCR”) wherein the Court is asked to appoint the parents with certain rights, powers, and duties over their child. The problem in the case of circumcision, however, is that a SAPCR may not be filed for an unborn child. Therefore, if a parent has a strong objection to circumcision, then he or she must wait until after the child is born to prevent an unwanted circumcision and then act quickly. Assuming that the medical professionals will not perform the procedure against one parent’s clear objection, the objecting parent will need to file a SAPCR immediately and request a Temporary Restraining Order to prohibit the non-objecting party from consenting to the circumcision until the Court cannot decide the matter after notice and hearing.