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Understanding Fault and No-Fault Grounds for Divorces in Galveston

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If you are considering a divorce in Galveston, you might be wondering if you have a ground to do so. Although celebrity divorces make the process seem straightward, you must know that courts in Texas require couples to have a valid reason. To get a divorce, you need to raise and prove at least a ground for it to be granted. Indeed, the Texas Family Code offers several grounds for divorce categorized into fault or no-fault divorces. The kind of divorce you may file can significantly impact the outcome of the marriage dissolution. If you are not sure if you have a ground for a divorce, you should contact a divorce attorney in Galveston. 

Fault Grounds for Divorce

A fault divorce requires the person requesting the divorce to prove the other party has done something wrong. The following are the most common fault grounds:

  • Adultery. If you can prove that your spouse was having an affair, you have grounds for a divorce. You can prove adultery using circumstantial evidence such as receipts or bank statements that show purchases of gifts, loans, or trips for a lover. Keep in mind that you need more than just mere suggestions and innuendo to prove adultery. Also, note that acts of adultery after you file for divorce can still support a fault-based judgment against the spouse who committed adultery. That is why couples should avoid getting into a relationship until the divorce has been finalized. 
  • Cruelty. You have a ground for divorce in Galveston if your spouse willfully caused pain and suffering to you. Because cruel treatment is relative, every case should be determined on its own facts. For cruelty to be upheld as a fault, it must be a willful, persistent infliction of unnecessary suffering. 
  • Abandonment. A divorce can be granted by a court on the ground of abandonment if the latter is voluntarily made by a spouse. Also, this spouse should have left with the intention of abandonment and remained away for a minimum of one year. This person should not have the intention to return to live with the complaining spouse.

No-Fault Grounds

A Galveston court may grant a divorce through insupportability. This ground means the marriage is no longer endurable, intolerable, and insufferable. The spouse who files a divorce must prove the marriage has become insupportable because of the conflict. Another no-fault ground for divorce is separation for at least three years. This means the couple has been living apart and can’t have cohabitated during this time.  

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Facing assault charges in Vancouver: Hire the right lawyer!

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Assault refers to any act, where one person (the accused) applies force on another (the victim), without consent. This is among the commonly-pressed charges of the Criminal Code of Canada. Assault may also refer to attempts or threats to apply force on another person, or to accosting and impeding. If you have been charged with assault, one of the first steps is to contact an experienced Vancouver criminal defence lawyer. In this post, we are sharing more on how a criminal lawyer can help and ways to select the right one. 

How can a criminal lawyer help?

The consequences of assault charges, if convicted, can turn your life upside down. A criminal lawyer can help you understand your rights and options better. They will first listen to your side of the story, and based on that, they will review the assault charges for free. It is important to talk to a lawyer as soon as possible, so that you don’t sign something that you don’t know about or make a statement which can impact your case. The first meeting with a criminal defense lawyer is usually for free, and they will investigate the matter on their own, to ensure that there is enough evidence for your case. They will also take necessary legal action that will come in handy for protecting your rights. 

Tips to select a criminal defense lawyer in Vancouver

  1. First and foremost, ensure that the lawyer is an experienced one. Not all lawyers in private practice have experience with criminal law, and more importantly, the attorney you choose must have handled cases with charges similar to yours. Don’t shy away from asking questions in this regard, and if needed, get references.   
  2. Next, check if the criminal defense lawyer is available for your case. At many big firms, the case may be handed over to a junior, who may not have the same kind of expertise, but you are paying the fat price anyway. Ensure that the lawyer gives you a fair idea of the outcome after knowing the details, and they should also explain their approach. 
  3. Know the fee of your lawyer. In Canada, criminal defense lawyers don’t work on a contingency basis. You will either pay a block charge, or an hourly fee. In addition to that, there could be additional costs for the case, so ask about that, as well. 

Check online now to find more on top criminal defense lawyers in your area. 

 

 

 

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Three Reasons to Consider Drafting a Living Trust

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When planning your estate, one of the most important elements you must pay attention to is how your assets will be transferred to beneficiaries after you die. Although the majority of people just depend on a will to dictate how assets will be disbursed, some turn to living trusts. An estate planning attorney McKinney can help you understand the benefits of a living trust for you and your heirs.

A living trust holds your assets while you are alive. When you die, these assets can be transferred to a named beneficiary by the individual or organization in charge of your trust. A living trust can be revocable or irrevocable. The following are the main reasons you may want to have a living trust:

Avoid Probate

Probate is a legal asset distribution process. However, probate can be lengthy and expensive. By placing your assets in a living trust, you avoid probate and your assets are passed down directly to the beneficiaries. With a living trust, the inheritance process becomes faster and simpler for all parties involved. Also, this means you avoid the costs of probate that could be taken from your estate.

Maintain Document Privacy

Every item in your will become part of the public record. Thus, individuals outside your family can learn the details of your estate after probate court. However, a living trust is private, so no outsiders can discover such information.

Save Money

Drafting a living trust may cost more than drafting a will because of the complexity of the document. Also, you need to transfer your assets like bank accounts, bond accounts and certificates, as well as stocks to the trust through separate paperwork. Just writing up a living trust doesn’t fund the trust

Moreover, an estate plan with a living trust also includes changing the beneficiary on your life insurance policy to the trust and creating a “pour-over will” that will provide for the distribution of assets acquired after the living trust is created but before your death.

A living trust is made so your trustee can manage your assets right away when you become ill and incapacitated. If you only have a will without a durable power of attorney, the court will appoint a person to oversee your financial affairs who will need to report to the court for approval expenses, property sales, and other matters. By drawing up a durable power of attorney, including one for your health care decisions, you can avoid a court-appointed conservator for your affairs.

 

 

 

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