Civil Litigation

What Is The Main Difference Between Informal Agreement And Mediation? Informal Agreement Informal agreement is an agreement between the parties outside of court. However, the court has discretion on the fairness of such division. In other words, if the Judge reviews the informal agreement, and it appears unfair or disproportionate, the judge can decide against it. Then, the court may order the parties to attend mediation or proceed to trial. Mediated Settlement Agreement On the other hand, mediation is a confidential, settlement option for the parties. Like an informal settlement agreement, it is also out of court. However, it must be…Read More

How To Answer A Lawsuit So, you have been served with a document. In the document, the other party (petitioner) has complained about your actions or inactions. This is called a complaint or petition. Now, it is your turn to file an answer. If you are filing an answer by yourself, there are several ways to reply to the complaint. In Texas, your answer must be in writing and signed by you (the person whom they are complaining about). Your document must contain the case number and court number. Next, indicate who you are and your relationship to the case.…Read More

What Is Discovery? Discovery is a process of exchanging information between parties. It allows a person in a lawsuit to ‘discover’ certain details they would not have known. There are three main goals to keep in mind during discovery process: Avoid unfair and prejudicial surprises Prepare before trial; and Help the parties reach a settlement When you hear the word ‘discovery’, think of exchange of documents, properties, and answering questions. Types Of Discovery Request for Admission (Rule 198) Request for Disclosure (Rule 194) Interrogatories (Rule 197) Inspection of Entry (Rule 196) Mental/Physical Examinations (Rule 204) Request for Production (Rule 196)…Read More

When you bring a lawsuit before the court, you must give the other party proper notice. This other party is called the Defendant, and you are the plaintiff. However, in family law cases, the other party is the Respondent, and you are the petitioner. The defendant is entitled to know about your lawsuit; otherwise, the law infringes on his or her right to defend herself. Yes, this is an important step in due process. What Happens If I Cannot Find The Defendant Or Respondent? If you cannot find the Defendant, there are other options. In Texas, you may file a…Read More

How Does The Federal Tax Refund Offset Program Work? This article is from the Office of Child Support Enforcement (OCSE),  an Office of the Administration for Children and Families. Please note that this article is not legal advice and should be used for informational purposes only. A lot of parents wonder about how the Treasury intercepts their checks. If you have past due child support payments, then this article is for you. State child support agencies submit (certify), through OCSE to the Department of Treasury, the names, Social Security numbers, and amounts of past-due support of people who are behind in their…Read More

The Crushing Impact Of Child Support Debts On Low Income Families In The Minority Communities (A Law Review Article By Rachael Aminu) What Is “Redefining The Best Interests Of The Child?” This is an excerpt of the article written by attorney Rachael Aminu: The Child’S Development Is The Authentic Best Interest The development of a child is important, and money is not always the solution. The attention and presence of healthy parents can build a child’s confidence and outlook in life – his or her transition into adulthood. Development is not limited to the physical upbringing; it includes the emotional, mental, and…Read More

When You Treat Your Marriage Like A Business Transaction, You Become Married To A Business Partner Many relationships have lost intimacy, and they are at an all-time low. There is deficit in their love tank. Why? We live in a time and age where people are less likely to commit and more apt to exit. If it looks too hard or feel inconvenience, there is a mentality that it must be wrong or broken. This deficit is what I call the debt of divorce. Literally, a relationship can go from care to toleration. A better Foundation for marriages is covenant.…Read More

Mediation Is Fast Approaching. What Do I Need To Take With Me To A Divorce Mediation? It is good to be prepared – even better to be over-prepared than to be unready. Also note that when you have an attorney with you, there is more ease. An attorney-mediator is a trained professional who can explain your rights to you. Although it is not necessary to have an attorney present at a mediation, it is to your advantage – especially if your current spouse already retained an attorney. As a refresher, Mediation is faster, friendlier, more affordable, and confidential. This is a safe way for…Read More

How To Handle Divorce With Kids A study from Very Well Family shows that: “Children living with both biological parents are 20 to 35 percent more physically healthy than children from homes without both biological parents present.” The crushing impact of divorce on children is one of the main reasons some couples stay in unhealthy relationships. However, it is better for children to live in a healthy home than abusive relationships. There are higher chance of the children who witness such abuse entering into one themselves. There are complications (challenges) that parents should consider, especially when children are involved. Please…Read More

A judge issues a restraining order when there is family violence. There are different ways to check if there is a restraining order. In Texas, you can check online or by sending an e-mail to the law enforcement agency. You can also use a victim notification service through third parties if you are not the restrained party. In Texas, a restraining order is known as a protective order. A temporary protective order can last up to 20 days, and a general protective order can last up to two years. Courts and Law Enforcement Agencies Work Together The restrained party, or…Read More