Having been initiated into the list of divorced parents, It has been to my great displeasure that I had neither an attorney who was sympathic nor the protection of the laws that had been designed to protect the citizens of the State. New to all of this, I had no adequate understanding of what the law meant nor did I have enough understaning to ask those questions that were central to a succesful defense against the dissolution of my marriage. What questions are important and what information is your attorney required to provide under the rules of professional conduct.
What is Due Process and how important to discuss this with one’s attorney?
What fundamental liberty interests are held by the respondent and the children?
What differences are there between fault and no fault grounds for divorce and how does this affect the due process requirements during the course of the divorce proceedings?
How is the no fault ground of insupportability understood by the courts and does it pass the test of constitutionality?
How does the respondent know how to express his interests to
his attorney and hold him accountable in faithfully advocating his objectives to
the trial court?
his attorney and hold him accountable in faithfully advocating his objectives to
the trial court?
What are the State’s interests in protecting the spouse from a false claim of insupportability?
Is it recognizable that the Court rules without regard to the Interests of the State when granting the divorce based on sec. 6.001 Insupportability.
How does the dissolution of the marriage based on no fault grounds effect the division of the community estate, the determination or custody and the child support levied against the respondent?
What are the limitations to the court’s discretion in making such determinations of custody, support and division of the marital estate?
What remedies exist when it is discovered that trial counsel’s
actions have harmed your case?
actions have harmed your case?
It has been my own personal experience that these issues are
of primary concern in any divorce suit based on no fault grounds but especially when
the suit affecting the parent child relationship is joined.
of primary concern in any divorce suit based on no fault grounds but especially when
the suit affecting the parent child relationship is joined.
As you might discover independent of this blog, the history
of today’s family law is dubious in its origins and has created a greater harm to
society than the good that had been intended when the Family Law Section of the Texas State
Bar was created. A brief attempt will be given to explain the reason why such a
travesty has remained as the hallmark of family law since the enactment of this statute
of insupportability.
of today’s family law is dubious in its origins and has created a greater harm to
society than the good that had been intended when the Family Law Section of the Texas State
Bar was created. A brief attempt will be given to explain the reason why such a
travesty has remained as the hallmark of family law since the enactment of this statute
of insupportability.
