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San Marcos Legal Issues Blog

Will I get alimony as part of my divorce settlement?

You have a spouse who has done well financially. He or she provided you with a good life. It is a life to which you have become accustomed, and one that you may not be able to provide for yourself. Now that you are filing for divorce, you are wondering if your spouse will have to help you maintain that lifestyle by paying alimony.

The state of Texas does allow divorcing spouses to seek spousal maintenance. This is something a couple can work out on their own and include in their divorce settlement, or it is something that the courts can decide. Not every request for alimony will receive approval.

How long does a drunk driving charge stay on your record?

How long does a drunk driving conviction in Texas haunt you? Whether you plead guilty or are convicted at trial, having a drunk driving conviction on your record is a heavy burden nobody wants to bear.

It takes just minutes for someone to pull up everything there is to know about you through an online background check -- whether they have your permission or not. Many employers won't hire someone if they see a drunk driving conviction in that person's past.

Has your child been injured by a defective toy?

Shortly after all the holiday presents are unwrapped, a number of children across the country will end up injured by some of their gifts. Defective toys are a serious problem. Despite the best efforts of many, defective toys are almost impossible to keep off the market and out of the hands of children.

It's estimated that over 250,000 children end up in emergency rooms due to defective toys every year. Many of those children are under five years of age. Many of those injuries could be prevented by better quality controls during manufacturing, advertising that provides consumers with better information about possible dangers and simple modifications with safety in mind.

'First Step Act' moves to make criminal justice reform a reality

Meaningful criminal justice reform may be just around the corner. A bipartisan effort moved the criminal justice reform bill called the "First Step Act" through the Senate after languishing over a few tricky details for months. It's widely expected that the bill will make it to the president's desk sometime next year.

It may surprise a lot of people to realize that the idea for the bill was born in Texas. State leaders recognized the fact that the prison populations were loaded with nonviolent drug offenders. Many of those offenders were serving long terms because they were repeat offenders.

Understanding the discovery phase of a civil trial

A lawsuit can be a disruption to your life and your business. If you have never experienced this legal process, you may have concerns about what to expect. Whether you are on the plaintiff's side or you are defending yourself against accusations, you can expect times of stress and frustration as you work toward a resolution.

Your lawsuit may involve business dealings such as contract breaches, a real estate dispute or a personal injury claims, and you want the best chances of success. A critical element in the success of a lawsuit is preparation, and this begins with the discovery phase of the claim. You and your attorney may spend many weeks or months in the discovery phase, and it is important that you cooperate with the process.

Texas police departments take in millions through alleged crimes

How is it possible for the police to just strip you of your car, cash, or other hard-earned possessions?

Easy. Civil asset forfeiture is a legal process used by police in numerous areas -- including Texas -- that allows authorities to take assets away from anyone they believe is involved in criminal activity. Actually proving that someone is involved in a crime isn't necessary.

Important considerations if charged with assault

Any type of criminal charge is a serious threat to your future. You could be facing time behind bars, loss of your personal reputation and much more. No matter what type of charges you are facing, it is in your interests to take your situation seriously and start building a smart defense strategy as soon as possible.

This is particularly true for Texas readers who are facing charges of assault. You may not understand the true nature of these charges, and as a result, you may not understand how you should proceed with your defense strategy. Assault is threatening, attempting or causing physical harm or apprehension of harm to another person, and a conviction can bring penalties that can alter the course of your life.

Getting your name off your spouse's car loan in a divorce

Most married couples don't think twice about co-signing a car loan with their spouses. However, that shared debt can become quite a problem after you're divorced.

A divorce decree can assign your spouse the right to keep the car and the obligation to pay the loan that goes with it — but what it says in your divorce decree doesn't have any bearing on how the bank will treat that loan in the future. If your ex-spouse falls behind on the car payments, your credit could suffer. If your ex-spouse defaults on the loan entirely, the bank can try to collect its money from you.

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329 South Guadalupe Street
San Marcos, TX 78666

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