McAllen, Texas Criminal Defense, Divorce and DWI Lawyer Johnathan Ball

October 4, 2009

The Monitor: Readers’ Choice Awards 2009

Category ————————————————-> Winner
Favorite Restaurant – Bakery De Alba Bakery
Favorite Restaurant – Bar Thirsty Monkey
Favorite Restaurant – BBQ Rudy’s BBQ
Favorite Restaurant – Buffet Style Golden Corral
Favorite Restaurant – Children’s/Party Place Peter Piper Pizza
Favorite Restaurant – Coffee Shop Starbuck’s
Favorite Restaurant – Deli Jason’s Deli
Favorite Restaurant – Doughnuts Shipley’s Donuts
Favorite Restaurant – Fajitas Taco Palenque
Favorite Restaurant – Fast Food Whataburger
Favorite Restaurant – Hamburger Whataburger
Favorite Restaurant – Ice Cream Shop Baskin Robbins
Favoriite Restaurant – Mexican Food Casa del taco
Favorite Restaurant – Night Spot Club 33
Favorite Restaurant – Oriental Food House of China
Favorite Restaurant – Pizza Pizza Hut
Favorite Restaurant – Seafood Red Lobster
Favorite Restaurant – Steak Santa Fe Steakhouse
Favorite Restaurant – Tamales Delia’s Tamales
Favorite Restaurant – Taqueria Taqueria El Zarape
Favorite Restaurant – Wings Wingstop
Favorite Professional – Accountant/Tax Preparer George Kuhn
Favorite Professional – Attorney Johnathan Ball

September 26, 2009

Divorce & Separation In Texas

Texas Legal Separation:

There is no legal separation in Texas.  After filing for a divorce, the judge may be ask the for orders dealing with the use of property and temporary child custody and support.  Texas is a community property state.  Seperate and living apart does not make property you acquire after ceasing to live together as separate property.  

 

Venue/The County to File for Divorce:

One of the parties to the marriage must have residented in for six months and been a resident of the county where the petition is filed for 90 days before the petition is filed.  Your paperwork will be filed with the district clerk or county clerk of county in where you or the other party resides.

Grounds for Divorce:  Fault v. No Fault:

Texas divorces can be both fault or no fault.  The basis for wanting the divorce are detailed in a document called a Petition for Divorce.  This Petition is filed with the District or County Court.  Once the Final Divorce is granted you are no longer married. Divorce in Texas  can be based on:  A) cruelty; B) adultery; C) conviction of a felony; D) abandonment (for at least 1 year); 5E living apart (without cohabitation for 3 years); and/or E) confinement in a mental hospital (for at least 3 years).  The divorce are also be based on discord and conflict of personalities that destroys the legitmate ends of marriage.  This is the no fault divorce.

Mediation in Texas For Divorce Cases:

Many couples getting divorced in Texas choose to workout the specific terms of their divorce degree themselves.   In Texas the courts refer cases to mediation.  The mediation agreemen is usually legally binding.

Texas Annulment:

Annulment occurs when a court declares a marriage to be legally invalid.  Rather than ending a marriage going through the divorce process.   An annulment is a declaration that the marriage was never valid. Annulments can be granted if one party was underage, if the person asking for the annulment was under the influence of alcohol or narcotics, if one party concealed a divorce (within the last 30 days), if the marriage took place less than 72 hours after the license was issued, or due to permanent impotency; fraud, duress, or force; mental incapacity, consanguinity (too closely related); or bigamy. To seek an annulment a petition for annulment must be filed in the County where one of the parties resides.  See the section above regarding venue.

Classes for divorcing parents help end animosity

The Associated Press

Mark Sims and Nicole Collier watched their son become nervous during eight years of custody battles. Isaac, now 10, seemed fearful and took to biting his nails.

Then the two separated parents took a six-week class geared toward separated or divorced parents, and everything changed. In the court-ordered class, they learned how to put their anger aside and focus on what was best for their child.

Both have seen the difference in their son.

“Since we have resolved our issues, he has really relaxed and is much better for it,” said Collier, 37, a stay-at-home mother in Los Angeles with four other children.

The class, aimed at teaching parents to continue parenting together after their marriage or relationship has ended, is part of a changing approach to helping families through a divorce or separation. Such parenting programs are now required in 27 states. In other states, judges can order parents to attend, or there are districtwide or citywide mandates regarding such programs, according to a 2008 survey of mandatory parent education.

“Divorce is so common today, people forget it’s still emotionally complicated or emotionally devastating,” said Robert Emery, director of the Center for Children, Families and the Law at the University of Virginia. To counteract this, Emery said divorce-related parenting classes take a “child-focused, parent-friendly approach” to helping parents work out a parenting plan.

The classes reflect how dramatically family law and policy has changed in the past decades. Gone are the days when divorce proceedings focused on the division of the couple’s financial assets.

“Children’s issues were not as prevalent in the 1960s and the early 1970s,” said Peter Salem, who is executive director of the Association of Family and Conciliation Courts in Madison, Wis. “There was a pretty straightforward way of doing things. Mom got the kids, dad visited every other weekend, and that was that.”

Now, there’s a strong focus on the emotional health of both parents and children.

“One of the biggest things that happened to us in the class, and it’s the simplest thing, is to have courtesy when you talk to the other person – to say stuff like ‘thank you,’” said Sims, a 48-year-old Los Angeles musician. “It seems like a really simple thing, but it changes your attitude about what you’re doing.”

The parenting classes vary greatly. There are lecture programs, small groups, and a growing number of Internet-based classes that can be used to fulfill court orders for parent education.

The goal of most is to help parents understand the emotions that go along with divorce, and separate their parental relationship – which will continue – from the adult relationship that is ending, said Salem.

There are other common themes. Among them: Children shouldn’t take on adult roles when the adults are struggling.

“They shouldn’t be necessarily setting up the cable service, the phone service in the new apartment. That’s not their job,” said Salem. “There are certain household responsibilities, but children still need to be children.”

Another: The child needs both parents in his or her life if possible.

Joan Haynes, a naturopathic physician who took a court-ordered class when she divorced last year, went in thinking it would be a waste of time. But she was surprised by what she heard there.

“They said divorce, per se, didn’t hurt children,” said Haynes, of Boise, Idaho, who now shares custody of her 10-year-old daughter with her ex-husband. “What hurts children is the ugliness around the divorce, or even if the parents are still married, it’s the fighting and putting the child in between.”

According to the Centers for Disease Control and Prevention’s National Vital Statistics Report, the divorce rate reached a high in 1970 and is slowly declining. Some demographers estimate divorce hit a high of 50 percent in 1970, and is now around 43 percent. However, in the same period the number of people having children together without marriage has risen, and their custody battles can end up in court as well.

Research has shown that some parenting programs can prevent future problems, such as more litigation, said Susan L. Pollet, who with Melissa Lombreglia published a paper on parent education programs in the journal Family Court Review. In a survey, the two found that 46 states have parent education programs related to divorce, some mandated, some not.

“All my clients who have gone, they always come back and say, ‘I’m so happy I went to that; I learned a lot,’” said Lynnette Berg Robe, who practices matrimonial law in Studio City, Calif.

Mandatory classes get a bad rap, Robe said, but they get people in the door and listening to the material.

“It’s not that anybody is trying to get them not to get divorced,” she said. “It’s just that if you behave in a certain way, you’ll end up with an unhappy child who will grow up to be an unhappy adult.”

After eight years of battling, Sims noted that he and Collier aren’t friends – just parents. They prefer to communicate through texting. They go to school conferences together, and recently met up for Isaac’s dentist appointment.

“It’s not like this great thing,” he said. “I would rather not talk to her, to be honest. I’m sure she’d rather not talk to me, but we have to do it for our son’s sake. And this class helped us to be cordial to each other.”

June 1, 2009

Guerrero divorce to be made official, though he wasn’t present

Filed under: McAllen Texas Divorce Lawyer — Tags: , , , , , , , , — Johnathan Ball @ 4:31 pm

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EDINBURG — A judge is scheduled to make former Hidalgo County district clerk Omar Guerrero’s divorce official today, even though the disgraced politician failed to appear in court Monday for a final hearing.

 

Guerrero, 30, has been on the run since Mission police issued an arrest warrant Dec. 6 in connection with the sexual assault of a minor. FBI agents and Texas Rangers are investigating reports he may have fled to Mexico.

 

His attorney withdrew from the divorce case Monday, citing his inability to contact his client. Guerrero’s presence was not necessary to make the divorce official because he is considered a fugitive.

 

Under the conditions of the divorce, Guerrero is required to pay $500 per month in child support. The judge ordered the child support to be retroactive, dating to November 2006.

 

His former wife, Karina, 28, was granted custody of their sole child, a young daughter. Guerrero and his parents were granted visitation rights for the child every other week. His former wife asked that her last name be changed from Guerrero to Gonzalez, her maiden name.

 

Since Guerrero was not in court, it is unclear how he will pay child support. His former wife can file a complaint with the court to recover the money if he is delinquent making payments.

 

Guerrero first drew unwanted attention in November 2005, when he was arrested in connection with marijuana possession and driving under the influence. In September 2006, he appeared in court in connection with a misdemeanor assault charge his wife filed against him.

 

None of the cases have gone to trial yet.

 

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Andres R. Martinez covers courts and general assignments for The Monitor. He can be reached at (956) 683-4434.

April 18, 2009

A Brief Look at Getting Divorced In McAllen

Texas is a no fault, community property state. Texas courts prefer spouses work out child custody arrangements and division of the property amongst themselves. However, Texas courts have the authority to decide custody and divide community property when the parties cannot agree.
GROUNDS FOR DIVORCE IN TEXAS

Texas is no-fault divorce state. Your grounds (or reasons) for wanting a divorce will vary according to your individual circumstances. The most often cited reason for divorce is that the marriage has become insupportable because of discord and conflict that destroys the legitimate ends of the marriage relationship. This is simply a fancy legal way of saying you and your spouse no longer get along and simply cannot continue to live together as husband and wife. Some other reason used as grounds for divorce in Texas are: 1) cruelty; 2) adultery; 3) conviction of a felony (imprisoned for at least 1 year without a pardon); 4) abandonment (for at least 1 year); 5) living apart (without cohabitation for 3 years); and/or 6) confinement in a mental hospital (for at least 3 years). The grounds for divorce are set out in your Original Petition for Divorce which is filed with the county or district clerk where you live.

WHERE TO FILE FOR DIVORCE

Texas law mandates minimum residency requirements for couples seeking a divorce in Texas. Either you or your spouse must have been a resident of the state for at least six months and a resident of the county in which you file for divorce for at least 90 days before your Original Petition for Divorce is filed. You will file your paperwork with the District or County Clerk in the county in which you or your soon-to-be ex-spouse resides. If you meet these minimum residency requirements, you can file for divorce in the County where you are currently living.

CHILDREN AND DIVORCE

All courts, regardless of the Texas county in which you live, prefer parents to work out custody arrangements for themselves. The courts will encourage the parents to work out a plan. If the court does end up deciding the custody issue, usually because the parents can’t agree, the court must look to the best interests of the child or children in deciding custody, visitation and support. In making a decision as to what is in the best interest of the child, the court will look at the following types of issues: 1) The health, welfare and safety of the child(ren); 2) Any history of neglect, sexual abuse, or sexual assault by a parent; 3) Any history of family violence; 4) Who has the child spent most of their time with; 5) Which parent can provide the most stable environment. Additionally, a child twelve years of age or older may file a document with the court asking to have custody given to the parent chosen by that child.

CHILD SUPPORT IN TEXAS

In Texas courts use what is called the Percentage of Income Formula (PIF). The PIF allows the Court to calculate what percentage of a parent’s income that parent must provide for the support and well-being of their child(ren). The percentage of income paid is based on the number of children in of the marriage. Generally, if you have one child, the non-custodial parent (the parent the child does not reside with) will pay approximately 20% of his or her net income to child support. In some unusual situations, both parents may be required to pay support.

DIVISION OF PROPERTY IN TEXAS

Texas is a community property state. This means that the money both spouses have earned during the marriage belongs to both of them equally. However, money and property that one spouse had before marrying belongs to that spouse as separate property. Additionally, an inheritance or gift during the pendency of the marriage is considered to be separate property, The courts in Texas will usually divide the marital estate (or community property) equally between the parties and give each spouse his or her separate property. However, courts in Texas do have the authority to divide the marital estate unequally. In other words, a court in Texas is entitled to give one party a disproportionate share of the community estate. This will sometimes occur in cases where one party is particularly at fault for the breakup of the marriage. Such is the case where on party commits adultery, is guilty of cruel treatment or abuse.

If you have any questions about divorce  in Texas, contact McAllen Divorce Lawyer Johnathan Ball today for a free consulation.  Or visitwww.mcallendivorce.com orwww.edinburgdivorcelawyer.com.

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