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Labovitz Law Firm Blog

How is Child Custody Determined?

Posted by Eric Labovitz | Jun 04, 2020 | 0 Comments

When it comes to any child-related matter, family courts focus on supporting the child's best interests. As such, if you are in the middle of a child custody dispute, there are many factors a judge will examine when rendering a decision to ensure these best interests are protected. The better yo...

Dating During a Divorce - Should You Do It?

Posted by Eric Labovitz | May 26, 2020 | 0 Comments

Getting a divorce takes time and, during that time, it is natural to feel lonely and wish for romantic companionship. However, if you begin dating before your divorce is finalized, you may run into a variety of problems that may make this already difficult situation harder. If you have children, ...

Discussing the Divorce with Your Children

Posted by Eric Labovitz | May 06, 2020 | 0 Comments

If you and your spouse are getting divorced, one of the most difficult conversations you will have is with your children as you inform them of your impending split. If your children are especially young, this life-altering news will be especially challenging for them to cope with, which is why i...

Top 5 Divorce Mistakes

Posted by Eric Labovitz | Apr 27, 2020 | 0 Comments

Getting a divorce is an emotional experience and spouses are often susceptible to making impulsive decisions, especially if they feel personally wronged by their soon-to-be-ex. Now more than ever, it is crucial not to allow your emotions to get the best of you and to hire a knowledgeable legal ad...

What Are White Collar Crimes?

Posted by Eric Labovitz | Mar 30, 2020 | 0 Comments

White collar crime is a broad term that covers a vast range of criminal acts that range in severity, but are all motivated by financial gain. Additionally, these acts are typically non-violent and committed through deceitful acts. Despite their generally non-violent nature, white collar crimes c...

After Divorce, Who Keeps the House?

Posted by Eric Labovitz | Mar 10, 2020 | 0 Comments

For most divorcing spouses, their home is their greatest asset and, understandably, it is something that means a great deal to both spouses. Texas applies the community property standard when it comes to asset division, which means that, unless you and your spouse have a marital agreement, all ma...

Can I Get Custody or Visitation Rights as a Grandparent?

Posted by Eric Labovitz | Feb 18, 2020 | 0 Comments

Many grandparents play an important role in a child's life. Grandparents and grandchildren often share a special bond that is distinct from the child-parent bond. Unfortunately, grandparents' rights are limited when it comes to gaining custody or visitation time with their grandchildren. Your Rig...

No-Fault Divorce vs. Fault-Based Divorce

Posted by Eric Labovitz | Jan 21, 2020 | 0 Comments

According to Texas family law, divorcing couples have the choice to pursue either a “no-fault” divorce or a “fault-based” divorce. In a no-fault divorce, the split is based on non-specific irreconcilable differences between the couple. Conversely, fault-based divorce cases cite an exact reason fo...

Do I Need a Prenup? — About Separate Property in Texas

Posted by Eric Labovitz | Jan 07, 2020 | 0 Comments

Signing a prenuptial agreement is often touted as a good move for engaged couples. Through a prenup, a couple can gain the security of knowing their assets will be fairly distributed in the event of a divorce. In Texas, any property that was owned prior to marriage is considered as “separate prop...

What Are My Options Post-Conviction?

Posted by Eric Labovitz | Dec 21, 2019 | 0 Comments

If you or someone close to you has been convicted of a crime, there are legal options available to you. A guilty verdict doesn't have to be the final judgment of a case. Right to Appeal In the state of Texas, every person convicted of a crime has the right to appeal this decision. This rig...

On What Grounds Can I Seek a Divorce Modification?

Posted by Eric Labovitz | Dec 04, 2019 | 0 Comments

Life is mutable, and what may have worked for a former couple at the beginning of their divorce may not work down the line. Luckily, the Texas court system allows for people to modify some divorce decisions, but only if they no longer match up with that person's current living situation. Grounds ...

What Is Probate?

Posted by Eric Labovitz | Nov 20, 2019 | 0 Comments

Probate is the legal process of identifying a deceased person's estate and dividing it between beneficiaries. In Texas, this action is simpler than most other states due to something known as ‘independent administration.' Independent Administration of an Estate If a loved one left their family wi...

Texas Larceny Laws

Posted by Eric Labovitz | Oct 30, 2019 | 0 Comments

To commit larceny, a person must take property from another with the intention of keeping it. In Texas, it could also be considered theft if a person fails to provide proof the item they are selling was not stolen. The value or amount of property stolen does not have to be large to be convicted ...

How to Win Sole Conservatorship of a Child

Posted by Eric Labovitz | Oct 10, 2019 | 0 Comments

In Texas, child custody or conservatorship is a hotly contested issue. Sole conservatorship can be extremely difficult to achieve because there is a presumption that joint conservatorship is the most beneficial option for the child. If you have not previously filed an order, then you will need to...

Which Partner Pays Spousal Maintenance After a Divorce?

Posted by Eric Labovitz | Sep 06, 2019 | 0 Comments

Spousal maintenance (or alimony) is a monthly payment from one ex-spouse to the other for a set period. An award of alimony depends on a few marital factors. Eligibility for Alimony To qualify for alimony in Texas, a spouse must prove they can't support their current lifestyle with their s...

Should You Use a Trust When Estate Planning?

Posted by Eric Labovitz | Aug 20, 2019 | 0 Comments

A trust is a legal arrangement in which a person (trustor) transfers property to another person (trustee) who then holds the property for the trustor or a third party (beneficiaries). There are many advantages to creating a trust when you plan your estate. For one, it's the easiest way to transfe...

What Property and Debt Is Divided in Divorce?

Posted by Eric Labovitz | Aug 10, 2019 | 0 Comments

Property and debt division can be the most contentious part of a divorce. Each party is interested in ensuring their investments and assets are protected. A divorce attorney skilled in property division can work with the court to help you secure your property. Texas is a community property state,...

How a Father Can Win Sole Conservatorship in Texas

Posted by Eric Labovitz | Jul 22, 2019 | 0 Comments

Gone are the days when mothers were awarded sole conservatorship by default. Now, Texas courts recognize both parents' ability to act as the primary caregiver of their children, and they will rule in favor of what's deemed best for the child(ren). Because it's widely acknowledged that a child's p...

5 Mistakes to Avoid When Writing Your Will

Posted by Eric Labovitz | Jul 11, 2019 | 0 Comments

Many people don't realize the importance of estate planning. If you have a small estate, writing a will can be fairly simple and straightforward. However, if your estate is large, it can quickly become complicated and convoluted. Here are the 5 most common mistakes you should avoid when writ...

Things to Look for in a Criminal Defense Attorney

Posted by Eric Labovitz | Aug 30, 2018 | 0 Comments

When you are facing criminal charges, it is crucial to find an experienced defense attorney who is capable of protecting your legal rights. Dealing with a criminal offense is a serious matter that shouldn't not be taken lightly. Having the right legal representation behind you can be the differe...

What Should I Do After An Arrest in Texas?

Posted by Eric Labovitz | Aug 09, 2018 | 0 Comments

Being arrested is an overwhelming and frightening situation. People are often unsure of what to expect, confused about what to do, and end up not taking the appropriate steps to help safeguard their future. It is imperative to know what to do in this situation to ensure that you have the best pos...

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