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.

May 10, 2009

Local lawyer Johnathan Ball assists in polygamist sect case

Local lawyer, child welfare staff assist in polygamist sect case

McALLEN – Johnathan Ball’s career was defending clients in minor civil suits and criminal charges – until he found himself involved in the largest child welfare case in state history.

The 31-year-old McAllen lawyer is representing one of hundreds of children removed from a West Texas polygamist compound earlier this month on allegations that youths there were at risk of being forced into underage marriage.

What he thought would be a single issue case has evolved into an intricate legal conundrum, calling into question whether a parent’s beliefs can constitute abuse.

“I knew it was going to be strange,” he said last week. “But the whole case has become more complex than I thought it would.”

More than 400 children were removed April 8 from the Yearning for Zion compound near San Angelo. Residents at the ranch – run by members of a Mormon splinter organization called the Fundamentalist Church of Jesus Christ Latter Day Saints – marry off underage girls to older men within their group.

State child-welfare authorities raided the property after an anonymous phone caller claiming to be a 16-year-old girl told a family violence shelter she had been beaten and raped by her 49-year-old husband. While recent developments have cast doubt on that original tip, investigators say they have found evidence of physical and sexual abuse at the ranch.

To accommodate the massive legal and investigative effort, several Hidalgo County lawyers like Ball responded to a request for legal aid and took on the hundreds of child custody cases that sprung.

Ball – who works for the Griffith & Garza law firm in McAllen – headed to San Angelo two weeks ago to meet with his 5-year-old client. At the time, Child Protective Services was temporarily holding the children at the San Angelo Coliseum. Entering required a police escort and a brief medical examination, Ball said.

“I think (the compound’s former residents) were interested in all these people coming in with files and suits,” Ball said.

Dozens of CPS investigators and caseworkers from across the state had convened on the facility to take individual statements from family members. 

While an exact number was not immediately available, several of the child welfare support staff came from Hidalgo County CPS offices, the agency’s Corpus Christi-based spokesman John Lennan said.

“They’re all trained to the same standards as they would be in Houston, San Antonio or Dallas,” he said. “They’re doing the same thing there they would do here, so they were able to hit the ground running.”

Ball’s young client seemed relatively at ease.

“He’s a really outgoing kid – very smart,” he said. “The whole time he was playing with a Matchbox car. He seemed very comfortable around his mom.”

While Ball feels confident that in his particular case the child’s best interest would be to place him back with his family, he could face a steep fight drawing individual attention to his case.

A chaotic mass custody hearing last week glommed all the cases together. And after more than 20 hours of testimony, state District Judge Barbara Walther decided to place all the children in state custody, promising individual hearings by June 5.

For Ball and his client, that new hearing date can’t come soon enough. For now, his young client is staying in a foster-care facility – its exact location not publicly identified.

“To me, the most important thing is to get in front of a judge with my child and my parents,” he said. “From there, everyone has a different opinion.”

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Jeremy Roebuck covers courts and general assignments for The Monitor. You can reach him at (956) 683-4437.

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