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How do we split our property in a divorce?

Getting a divorce can be a complicated and emotional process. It is never easy and often isn't always amicable. So, what happens when you can't agree on who gets what? One of the most complex parts of a divorce can be dividing up assets; this is particularly true with the division of property. But, in addition to assets, a married couple may also share their debt. So how is the property and the debt divided in a divorce?

The simplest solution is for the couple to decide amongst themselves and work out an agreement that both parties are happy with. However, this is often easier said than done, and most couples have difficulty reaching such a resolution. As a result, the matter often ends in court. Divorce and property division laws vary state to state, but there are two general types of property division: community property and equitable distribution. Texas is among the handful of states that follow community property division. This means that all property is divided into two categories, marital property and separate property, all marital property gets divided equally, while each individual gets to maintain their separate property. In the majority of states following the equitable distribution rule the judge will determine what is a fair distribution of the property rather than simply dividing everything equally.

Questions to ask before you get a divorce

Making the best decisions in life is often about the questions we ask, and trying to decide whether you should divorce or not is no different.

If you're considering getting a divorce -- and you're going back and forth about "pulling the trigger" -- you can rest assured that nearly everyone else who has decided to divorce went through the same kind of deliberation.

Defending against drug offenses

Being charged with a drug offense can be scary and stressful. These charges are complex and often carry significant penalties including fines and jail time. There are various types of drug offenses including distribution offenses and possession offenses. Distribution involves the sale of drugs to others while possession merely involves having drugs under your control.

Drug crimes have become more and more prevalent and we regularly see stories of individuals charged with these offenses. Recently, a young man of 28 years old pled guilty to the crime of drug possession after being found with over 200 grams of methamphetamine on his person. Back in April, Sergio Mendez was arrested in Brownsville Texas where police responded to the motel he was staying at after receiving a report of a stolen motor vehicle. Mendez was unable to provide proof of ownership for the vehicle upon being questioned by police and was subsequently arrested. After being placed under arrest, Mendez was searched and police recovered a large quantity of cash and approximately 271 grams of methamphetamine from his person.

I was charged with a DWI, how long will I lose my license for?

People depend on driving for everything from their livelihood to their day-to-day activities. The ability to drive is crucial to most of our everyday lives. That is why when you are facing charges for drunk driving, a major concern is how long will I lose my license?

The answer to this is not always simple and straightforward, but can depend on a variety of factors and circumstances. DWI laws and loss of license penalties vary from state to state. In Texas, there are a number of factors taken into account to determine how long you may be without a license if you are charged with a DWI.

Man faces serious drug charges after police investigation

There are many different types of drug offenses that someone may be charged with. These offenses range in severity from simple drug possession to distribution or even trafficking. Most notably the differences in these types of charges come in terms of the potential penalties you could face if convicted. While drug distribution is a serious offense, and often carries mandatory minimum sentencing penalties, drug trafficking is an even more serious charge with increased penalties. The difference between distribution and trafficking often centers on the amount of drugs involved, with trafficking offenses usually involving greater quantities of drugs being offered for sale.

Recently, a Texas man was arrested in El Paso with roughly ten pounds of cocaine found in his vehicle. This man was charged in United States District Court on Federal drug trafficking charges. He was arrested after an investigation by the DEA and local law enforcement agencies allegedly involving a shipment of cocaine from Mexico. He could face significant penalties if convicted. His trial is scheduled for February.

Should you challenge sobriety test results?

Regardless of how you got here, now you're facing criminal charges for driving under the influence. The officer who arrested you determined that you were under the influence using either field sobriety tests or a device like a breathalyzer. If you think you're out of options to build a strong legal defense, think again — you may have more ways to defend yourself that you realize.

Sobriety tests are not magically accurate. Each test that officers use to determine insobriety has flaws and weaknesses that you should examine closely. Should you find grounds to challenge the validity of the results, a judge may throw out the charges altogether.

Protecting your right against unreasonable search and seizure

Imagine a scenario where you are driving in your car late at night. Unbeknownst to you, you have a taillight out. A police officer pulls you over for the traffic violation of having a broken taillight. Naturally you are nervous during this encounter, as most people are when stopped by police. Nevertheless, you produce your valid driver's license and vehicle registration without incident. The officer however claims that you're nervous behavior is suspicious and asks you to step out of the vehicle.

In doing so, the officer pats you down for his own safety, and he feels a small object in your pants pocket. The officer reaches in to grab the object, which turns out to be a small baggie containing illegal drugs. You are placed under arrest and charged with drug possession.

You don't have to go it alone when dealing with family law issues

In every case, issues like divorce and child custody can have a lasting effect on families. Such situations are highly personal and emotional, and they can often be legally complicated and challenging. It is easy to see how people face difficulties and often run into trouble when they try to take these matters into their own hands.

Divorce in Texas can be a lengthy process and may involve complicated issues of alimony, property division and child custody. However, this doesn't have to be a costly or a stressful process with the right legal help in your corner, advocating for you. An experienced attorney can help you avoid common mistakes and find settlements and resolutions that can work for you. By taking the time to truly understand what matters in a particular case, the appropriate legal steps can be taken to achieve the desired outcome.

We'll help you challenge field sobriety test results

A previous post on this blog talked about how Bryan and College Station, Texas, residents do not have to take field sobriety tests if they are pulled over for a DWI investigation. However, for a variety of reasons, many people choose to take these test anyway.

While perhaps a subject for a different blog post, suffice to say for now that while these tests are not always reliable indicators of whether a person is intoxicated, they can and will be used against a person in court.

Must one take a field sobriety test if they are pulled over?

It has become so routine for police to conduct field sobriety tests after they pull someone over on suspicion of drunk or drugged driving, that these tests have become part of our common culture. Many Texans are probably at least somewhat familiar with the various types of maneuvers the police will put drivers through, such as making them stand on one leg and say the alphabet or walk in a straight line.

While these tests are common, some might wonder whether they are actually mandatory or if, on the other hand, a motorist can decline to take them. Some after might not find the test to be fair, and others may be worried that with their own physical limitations, they might not be able to do the tests well, even if they are sober.

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