Austin Divorce Attorney

Our family law attorneys and lawyers are there to walk our clients through very difficult and stressful times

Family Guidance

The objective and philosophy in handling divorce cases is geared towards the client’s best interest with the utmost care

Teamwork

Our goal is to provide the highest quality legal services to our clients at reasonable rates

Divorce

We have experience lawyers in different expertise for more than 5 years. We help you to find justice!

Child Custody

Assure that children will have frequent and continuing contact with parents

Property Distribution

Income or property acquired during the marriage is deemed to be divided in right manner

Seeking GUIDANCE?

Our team has expertise in family law, criminal cases, and personal defenses
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Chapter 13 Bankruptcy – What You Need To Know

Filing for bankruptcy is not an easy decision. For one, a debtor must first know which chapter is most appropriate in his circumstance and his goals. It is best to get help and/or advice from a lawyer or an expert on this issue before moving ahead with the process. The chapter 13 bankruptcy is a viable solution for people who wish to keep his/her property and pay the debts through a plan made with the help of credit counselor. The payment plan which generally spans 3 to 5 years will help debtors stop a foreclosure process on their homes, improve the untimely payments of mortgage and pay secured debts in longer time schedule making the payments more manageable.

Are you qualified?

Chapter 13 bankruptcy is only available for individuals and not business entity. Therefore, debts must be under your personal name and not under your business (corporation or LLC). Your unsecured debts must also be less than $394,725 and secured debts must not exceed $1,184,200. These figures are adjusted every few years to account for market inflation.

You must complete a credit counseling and has not had a dismissed bankruptcy case due to violation of court order or inability to pay the required fees for the bankruptcy case. Upon completion of your credit counseling, you must also complete a repayment plan for your outstanding debts. This repayment plan is very important since this must be presented to the court and will be the basis of whether your case will be dismissed or not.

A debtor must also have a regular monthly income by having a secured employment or through operating an unincorporated business. You can prove this by producing documents like pay slips and/or income tax returns.

How to proceed with a chapter 13 bankruptcy case

After determining that you are qualified to file under chapter 13 bankruptcy, the first step is to secure form to file for a petition. Along with the forms, you must provide other documents necessary like:

  1. List of assets and liabilities
  2. List of income, yours and your spouse (if any) and expenses
  3. Lists of creditors
  4. List of unexpired rents and executor contracts
  5. Certificate that you have completed credit counseling and your repayment plan
  6. Payments slips of the last 60 days with a statement of further increase in income
  7. List of student loans (if any)
  8. Present year’s tax return copy for your trustee as well as the tax return approved within the years under the repayment plan.

Once all these documents have been provided, you proceed with the filing and the payment for the administrative fees. The fees are paid to the court clerk and can be paid in installments but must not exceed 4 installments. Here’s a guide as well on how you can proceed through a Chapter 13 bankruptcy.

Once the filing is completed the court will assign a trustee to your case. The trustee will serve as the point person between you, the debtor, and your creditors.  This is necessary since, if or when the court approves your bankruptcy petition, the creditors are to cease all direct communication to you.

The trustee will also evaluate your repayment plan and communicate with your creditors to explain to them your plan on how to pay them. This is where the document of list of creditors is important. All these creditors, you and he trustee will meet and evaluate the plan. Once all creditors agree, the plan will be evaluated by the court and then be decided whether it will be approved or dismissed.

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Assault and Battery: What you Need to Know

Assault and battery are two separate offenses but are usually used together when filing a charge against someone who has committed a crime that warrants it. In some states, assault and battery are considered separate offenses as assault is not considered an actual violence rather, it is a threatened violence. In most states though, assault and battery are immediately charged together to someone who has intentionally harmed a person because it is considered a given that before the battery occurred, a threatening behavior which is considered assault, has already been committed.

Assault is defined by the law differently in different states but generally it is defined as the attempt to harm another person through deliberate aggressive behavior. Battery on the other hand, is defined as the intentional, unwarranted touching of another person to harm him or her. Here’s a detailed info on the difference between assault and battery.

Assault: Degrees and Punishment

For an assault to qualify as a first degree or aggravated assault, a deadly weapon intended to be used to cause fear for a serious harm against one’s person is necessary. It is considered a felony and once proven guilty, you can be punished from one to twenty years, depending on the state.

Second degree assault is when you “knowingly” instill fear of bodily harm to a person with the use of deadly weapon. Like the first degree assault, it also a felony and therefore can result to imprisonment from 1 to 20 years.

Third degree assault is when you “recklessly” instill fear of serious bodily harm to someone or fear of getting injured using a deadly weapon. In some states, it is considered class A misdemeanor but can also be a felony in some circumstances. For example, assaulting a police officer, an intimate partner and/or assault towards a minor is immediately considered a felony. Third degree misdemeanor assault can be punished by fines (as much as $1000) and imprisonment of not more than a year.

Assault and Battery: Possible Defenses

If and when you are charged with assault and battery, there is hope for you. There are possible defenses to this case.

  • Consent – Many states are still debating whether consent can even be used as a defense, however, some states do consider consent as a defense. Consent is when both persons involved agreed to the circumstance. This would indicate that assault and battery was not one-sided.
  • Self-defense – It is given that a certain degree of force may be used if you feel that you are in imminent harm. A jury will decide whether the self defense is valid depending on the circumstances of the case.
  • Defense of Others – To help a person you feel or perceive to be in harm’s way can be a valid defense if the person who helped is not at fault in the initial problem.
  • Defense of Property – A person can use a non-fatal force to defend his/her property. The right to self-defense however is more lenient than defense to property since a human life is always more valuable than the value of any property.

It is important to find an expert lawyer on this field in order give a proper defense since circumstances vary in every case and states has different laws as well.

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How Divorce Affects a Person’s Employment

With the current employment situation, financial security and economic issues make it very difficult to get a job with a suitable salary. Our economy is changing in a lot of ways due to globalization, income inequality, and trade. Currently, we are preparing our students for jobs that, in many situations, don’t exist yet. 60 percent of jobs that are available today will not be present at the end of 2020.

So at this critical stage of U.S. employment development, it is important to remember: if you have a job then be aware of your wife. Ah, this does not mean that you should avoid marriage. But, if you are an employee making a great deal of money, it may be possible that your wife spends the majority of your income and may be entitled to the majority of it if you were to split.

In America, we never lose hope that we will succeed in making sure that everyone has the legal right to a suitable job that provides a livable wage, jobs which provide fair benefits and create a safe working environment. Once you get divorced, employment issues may come back to bite you.

Sustaining a Good Job and Happy Life

Good jobs and a happy life don’t just happen. They come from public policies, regulations, and legislation that put us on an even playing field with everyone around us. So we need to join together and take action in order to make things better. A sound mind leads to a sound body, but none of that matters if you are not afforded the same employment opportunities as your peers.

There are three types of people… poor people, middle-class people, and the elite. Usually, middle-class people turns into upper class by working hard and securing high-paying jobs. If you have decided to divorce you should gather important legal and financial documents in order to claim the money that is rightfully yours. Doing this can help you save the majority of the money you’ve been able to secure during the course of your marriage.

Reasons for Divorce

Marrying for money -The biggest reason for divorce is that marriages are often based upon a person’s financial capabilities. Research showed that most of the women who divorced said that they married at least partially due to their husband’s financial strengths, and now they want to enjoy their husband’s finances long after they are no longer together.

Lack of individual identity – A codependent couple rarely lasts for the long run. When you don’t have your own learning to express yourself as an independent personality your likelihood of needing a divorce increases substantially.

Lost in individual roles – Many couples forget their friends when they get married. And When children enter in your life, many parents neglect or forget to keep the spark alive.

Not Having Shared Vision of Success -Things change after marriage. He drives you crazy because you are the one that is trying to save money while he is the one spending. Your partner may think cooking and making coffee in the morning is your job, but you regret it. Gender roles and what people expect from a marriage can set couples up for failure.

Finances – Financial problems are not always the cause of divorce, but the lack of capabilities and financial freedom can take its toll. Opposites attract but when both partners are opposites in the financial realm, divorce often ensues.

How Divorce Affects a Person's Employment

Divorce and Unemployment

Being unemployed is always worse in a marriage than when both individuals have high-paying jobs. And jobs have a greater effect on a marriage’s health than money. Each couple is different but financial pressure is the same for everyone. A study has shown that 33% of people are divorced who were unemployed for the previous 2 years. Divorce affects employment in many ways like if you got a divorce it may possible that you think that you don’t have any further reason to work and earn money. A wrongful termination lawyer in Orange County can have a substantial impact on a person’s ability to stay financially secure following a nasty divorce. Reaching out to an attorney you trust as soon as possible can go a long way towards securing your future.

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Orange County Employee Issues That Result In Lawsuits

Employee IssuesIn employment discrimination cases in California, employers face more dangers because of the California juries and their notorious tendencies, there are not any caps on the punitive damages a person may recover. The Department of Fair Employment and Housing California published a report in which, In 2015, 66,000 California employees filed a complaint about employment related issues. Submitting an administrative complaint is commonly required before a discrimination lawsuit may be commenced, even if the employee chooses to skip the DFEH investigation process.

The Fair Employment and Housing Act of California (“FEHA”) prohibits discrimination based on sexual discrimination, age, disability, AIDS or status of HIV, marital status, clinical circumstance (cancer), genetic traits, pregnancy, and discrimination on the basis of religion. Employers with 5 or extra employees are protected. In accordance with an agreement with the city of San Francisco, an enterprise ought to certify that it also does not discriminate on the basis of size or bodily features.

Harassment

Similarly to prohibiting harassment, California law requires employers to “take all affordable steps important to save you and stop harassment and discrimination.” Employers are strictly liable for adversarial surroundings and harassment via a supervisor. Liability arises for harassment based totally on whether or not you are a member of a protected class. Moreover, laws against discrimination are being violated due to harassment of employees based on sex, membership of different categories and race.  Harassment can only be decreased by grooming individuals and educating everyone about laws pertaining to these issues.

Third Party Harassment

When vendors and customers harass the employees they become liable. This liability has been imposed where the organization knew or has been made aware of the extreme and pervasive behavior and didn’t take steps to prevent the harassment. Sometimes, for the marketing employees, they have to visit their customers physically door by door, where chances of harassment increase. Special circumstances arose in a case of marketing by a female employee which mostly hired to be attractive to the customers based on their looks.

Sexual Favoritism

A current supreme court decision in California held that an employee may hold a sexual harassment claim through displaying that a manager’s favoritism of employees with whom he has affairs creates antagonistic operating surroundings. On the other hand, if the supervisor is aware of the laws it may be possible to decrease the rate of harassment of employees by supervisors. Click here to learn more about Orange County employee rights lawsuits and attorneys that assist with these issues.

New California Sexual Harassment and Discrimination law

Employee IssuesSB 292 amends the definition of harassment. The new law stipulates that sexually harassing behavior does not have to be encouraged by means of sexual preference. Similarly, hostile situations can amount to illegal sexual harassment irrespective of whether or not the treatment became encouraged by using any individual’s sexual choice. Existing law states that employers may not take unfavorable employment action towards a sufferer of home violence or sexual assault when they take days off work to get help for their issue. The brand new regulation (SB 400) includes protections to sufferers of stalking.