Mar 05

LaHood Norton Balancing The Scales Of Justice

By The Docket Covers, Docket Covers

LaHood Norton Balancing The Scales Of Justice

Fresh from a four-year stint as Bexar County DA, Nico LaHood has returned to private practice at LaHood & Norton along with fellow managing partner Jay Norton and is eager once again to defend the citizens of Bexar County and beyond in a court of law.

“We represent citizens not only in Bexar County and surrounding counties but also statewide and nationally,” LaHood said. “This includes anyone who has been accused of a crime, has been arrested or is facing incarceration in the state or federal system.”

LaHood, who hails from San Antonio, said he was influenced to follow in his father’s legal footsteps to be a voice in court for those who can’t defend themselves. “I started practicing law because my Pop told me a lawyer is a legal bodyguard,” he said. “If somebody needs someone to speak for them, that’s what a lawyer does regardless of the aspects of the justice system you work in.”

Norton, who has been practicing law for almost 35 years, explains he is passionate about representing the citizens of the Alamo City and Bexar County. “We know the community; we know the system; and we know the importance of our role in the courtroom,” he said. “We know the importance of our role dealing with the District Attorney’s office and the importance of dealing with both state and federal judges. We strive to do the best we can under any circumstances.”

Trial lawyer Jason Goss is proud of working for LaHood & Norton because of its successful, combined 70 years of criminal law experience.

“Nico LaHood and Jay Norton are well-known names in Bexar County and have been practicing law as criminal defense attorneys and as prosecutors,” Goss said. “They know both sides. We can handle any case that a client needs us for.”

Attorney of counsel Patrick Ballantyne is aware of the great trust that the firm’s clients place in them while going through some of the most stressful times of their lives or possibly are at stake of having their liberties taken away. “As an attorney, you stand between the government and the client,” he said. “That’s something to be proud of in this profession we take seriously.”

LaHood, meanwhile, wants the public to know LaHood & Norton is for anyone who needs legal counsel. “A lot of people think they can’t afford us because of our past prosecutorial experience and also our overall experience in the justice system,” he said. “Because of our experience in the diversity of our firm, we can help any client in any situation.”

For a free consultation or for more information, visit www.lahoodnorton.com or call (210) 797-7700.

Oct 10

Love0

Bigstock Hands Of Wife Husband Signing 228272749

Don’t Worry, Be Happy: How to Set the Stage for an Amicable Divorce

By The Docket Family law

Don’t Worry, Be Happy: How to Set the Stage for an Amicable Divorce

By: Christine Powers Leatherberry, Connatser Family Law

Getting a divorce is never easy, but opting to settle marital and child custody disputes amicably typically helps couples save time, money and unnecessary emotional duress. If pursuing an amicable divorce is preferable to you, consider talking through the following strategies with your divorce attorney.

No. 1: Set a positive tone early on.

When setting the stage for an amicable divorce, it’s typically best to personally tell your spouse you want a divorce, so they aren’t surprised. During that conversation, it can also be helpful to explain that you want to settle the divorce amicably, keep legal fees low and treat him or her fairly. Hearing these sentiments can help put the opposing party’s mind at ease.

No. 2: Follow through on promises to be amicable and fair.

Actions speak louder than words. For example, making sure your spouse has enough money in the bank to hire a divorce attorney and pay for expenses speaks volumes. Draining financial accounts and closing out credit cards, so the other party has no money for legal costs and basic needs, will almost guarantee a contentious divorce.

No. 3: Be transparent about your plans

If you are considered the monied spouse in the marriage, being transparent regarding how you plan to provide for the non-monied spouse following a divorce can go a long way toward easing the blow of divorce. For example, someone who has been a homemaker for 30 years and has a minimal grasp of finances may be understandably frightened when their spouse files for divorce.

In this scenario, the right thing to do may be to pay spousal maintenance or alimony for a period of time, even if the spouse wouldn’t necessarily qualify for that support under the law. Doing so can help set the stage for an amicable divorce and an amicable relationship going forward.

No. 4: Try to resolve differences directly with your spouse

In most cases, couples who get along and make agreements are more likely to avoid going to court. That doesn’t mean you don’t need a divorce attorney to ensure the legal aspects of your case are handled properly, but hashing out issues one-on-one, without lawyers involved, can help keep legal fees and emotions in check. It can also keep the divorce process moving along in an expeditious manner.

No. 5: Proactively communicate about children’s needs and be willing to trade time with each other

Child custody and possession schedules can become a bone of contention when parents don’t strive to co-parent amicably during (and after) a divorce. Shared calendars like Our Family Wizard or even a basic Google calendar can help keep everyone on the same page. Diligently sharing information about doctor visits and school activities, as well as making sure the child’s homework folder goes back and forth between homes, can help reduce the likelihood of conflict.

We also encourage clients to be sensitive to the other parent’s desire to spend time with children during special events and holidays. For example, you could invite the other parent to go trick-or-treating with you as a family for Halloween or offer to share a couple of hours on Christmas morning. Extending the olive branch can buy considerable goodwill going forward.

No. 6: Utilize outside experts to resolve conflicts

No matter how well you and your spouse get along, divorce can still be emotionally trying for both the adults and children. It’s also unlikely that the two of you will agree on how to resolve every issue.

Instead of going to court, a family counselor or clergy member can be a great resource to help adults and kids deal with emotional struggles and provide children with the tools they need to cope.

Many couples rely on parent coordinators, parent facilitators, and even education consultants to help sort through or negotiate concerns regarding children’s medical, extracurricular, vacation, tutoring, schooling and other needs. These professionals can help couples overcome roadblocks and avoid going to court.

No. 7: Evaluate “friendly” divorce options with your attorney

In Texas, most judges require couples to go through mediation before going to court to litigate a divorce. If you’re hoping to settle your divorce amicably, mediation is a great place to attempt to resolve your case. Instead of relying on a judge to make decisions regarding your case, with mediation, couples work with a mediator (often a former family court judge) to help facilitate their divorce agreement.

Collaborative divorce is another option available to couples in the state of Texas. Unlike mediation – where couples typically sit in separate rooms and an impartial intermediary bounces back and forth attempting to negotiate an agreement – during the collaborative process, couples sit down together with their respective attorneys to hash out the details of their divorce.

Seek out a family law attorney who supports your goals

If your goal is to end your marriage as gently and fairly as possible, be wary of divorce lawyers who discourage you from trying to work things out. Instead, seek out an attorney who is experienced in negotiating both amicable and contentious divorces and knowledgeable regarding strategies involved in mediation and collaborative law.

About the Author: Attorney Christine Powers Leatherberry sees herself as a family lawyer on a mission – to help clients gain control over an unfamiliar process and make divorce more manageable and understandable for everyone involved. The family law attorney understands that her clients are going through difficult times, whether they are experiencing a divorce, child custody or visitation matter, or splitting the family business. Often family law clients must work through stages of grief while trying to create a secure foundation for their new lives.

Oct 10

Love0

The Docket Magazine Getting Divorced In A Communal Property State

Getting Divorced in a Communal Property State: Here’s What You Need to Know

By The Docket Family law

Getting Divorced in a Communal Property State: Here’s What You Need to Know

Provided by Tessmer Law Firm

If you’re facing a divorce, you already know you’ll have to speak with a lawyer to determine your custody arrangements and alimony payments, but what about dividing your assets? While you might think that division of assets is a fairly simple process, the truth is that things can quickly become complicated if you live in a communal property state. This is because in a communal property state, everything you and your spouse own is considered joint property. If you have a boat, a car, or even a business, this may be considered to be shared property. If you’re new to the concept of communal property, here’s what you need to know.

First off, it’s important to understand the definition of communal property. Typically, anything you purchased or acquired during your marriage is considered communal property. Even if your spouse’s name is not on the deed or paperwork for something, such as a second home, it may be considered joint property by the courts. Exclusions to this rule typically include property acquired prior to your marriage and anything that was given to you and not your spouse. You will need supporting paperwork to show that the item only belongs to you, however. Gifted items may include things a friend or colleague gave you, but can also include things that were inherited from a relative during your marriage.

Even if you and your partner have shared communal property, it’s not always possible to divide things evenly. If you only have one house, for example, you can’t receive equal portions of that. In cases where the assets cannot be divided equally, there are two options. The first option is to sell the asset and split the proceeds. This could mean that you sell your summer home and share the profits, but it could also mean you sell your car. In cases where one or both parties are not interested in selling the asset, you may have to pay an equalization payment. This is where one person pays the other party money equal to half of an item’s value. For example, if your house is valued at $100,000, you may keep the house and pay your former spouse $50,000.

Finally, understand that communal property doesn’t just refer to physical possessions. It also includes financial assets and debts. This means that if your partner has credit card debt, you’ll be responsible for paying half of that debt after your divorce. Because of these strict laws, it’s vital that you speak with your attorney prior to filing for divorce. They’ll be able to guide you throughout the process and will be able to help you navigate the world of communal property laws in your state.

Remember that although communal property laws may be daunting, there are sometimes exceptions to the rules and ways to minimize your out-of-pocket cost. Establishing single ownership, for example, is a possibility for some items. Your attorney will be able to advise you how to best proceed when it comes to dealing with communal property, so make sure you reach out to talk with them as quickly as possible.

For more information please visit: www.tessmerlawfirm.com

Oct 10

Love0

Dividing Property in Divorce

By The Docket Family law

Dividing Property in Divorce

By Beverly Bird, Provided by Tessmer Law Firm

Depending on how long you and your spouse were married, the property you acquired while you were together might amount to some significant value. Dividing it between you doesn’t have to be difficult, but neither is it quite as simple as many people believe. You can’t saw the house in half or retain half the car. Envision a big pot instead. Now place all your marital property into it. If you take out a car worth $20,000 to keep for your own, your ex is entitled to something else from the pot, maybe a couple of items equal in value to the $20,000 you now have in your corner.

That’s the simplified version. The law is full of corkscrews and exceptions. First, depending on where you live, a court might not award you 50 percent of that pot of marital property. Equal division is the norm in the nine community-property states: Arizona, California, New Mexico, Wisconsin, Louisiana, Washington, Idaho, Nevada and Texas. But the remaining 41 states divide property in a divorce according to the principle of equitable distribution. This means that if a judge is forced to make the decision because you and your spouse can’t reach a marital settlement agreement, he’s going to divide your property in a way that seems fair to him after considering all the factors of your marriage. This might not work out to a 50-50 split.

Another complicating issue is that not everything you and your ex own may be subject to division when you divorce. The law draws a line between separate and marital property, and separate property is immune from distribution. Marital property is anything you purchased or acquired while you were married, regardless of whose name an asset is titled in. This is what goes in that marital pot for distribution. Separate property is anything you inherited while you were married or that was a gift given solely to you, assuming it wasn’t your spouse who gave it to you. In most states, gifts from one spouse to the other are considered marital property. Gifts made to only one of you are separate property if you can prove they weren’t intended for both.

If you owned a certain asset before you married, this is typically your separate property and you get to keep it when you divorce. But changing the status of separate property is surprisingly easy to do. It can effectively happen by accident. Consider this scenario:

You owned your own home before you tied the knot. Your new spouse doesn’t want to live there, so you rent it out and the two of you purchase a new residence together after the wedding. The new property is marital property, no doubt about that. As for your premarital house, that’s safe from distribution in divorce — unless you use money earned while you’re married to make a mortgage payment, to pay the taxes or to fund repairs or maintenance. Now you’ve commingled the asset and your spouse has a right to make a claim for her share of it. But what if you never use marital money on its upkeep? Maybe the rent you’re charging your tenant covers all the costs of maintaining the property. You can present an argument to the court that the property is therefore yours and yours alone, and if you have experienced legal representation on your side, you’ll probably win. But if your spouse took paint brush in hand at some point to help you maintain the residence, this can constitute commingling in some states. Other states consider that any passive increase in the property’s value over the years is marital property too. And if you and your spouse decide to live there, you may have muddied the waters. Now she might make a claim that it’s the marital home and she has a right to a share of its value.

Property division in a divorce isn’t black and white, but it doesn’t have to be mind-boggling either. It helps to have an experienced matrimonial attorney on your side to argue your case. All these rules can be set aside if you and your spouse can reach an agreement on your own or with the help of lawyers. The court will honor your wishes and let you divide your property up as you see fit. The moral of the story is that it’s usually better to negotiate than to leave it up to a judge.

For more information please visit: www.tessmerlawfirm.com

Need More?

BLOG