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INSIGHT & COMMENTARY INTO THE PRACTICE OF LAW IN THE STATE OF TEXAS

My Spouse Filed for Discovery – What is That?

My Spouse Filed for Discovery – What is That?

Discovery is very common in divorce in Texas, and in lawsuits in general. What discovery is - in the basest of terms - is an exchange of information between the parties, including facts and legal theories they bring to up in Court, exhibits, witness lists, and so on....

Can I ask My Spouse to Leave When I File Divorce in Texas?

Can I ask My Spouse to Leave When I File Divorce in Texas?

In my many years of practice, I have only stumbled upon two or three cases where divorcing spouses are content to live in the same household. These instances aside, when a divorced is file, emotion is typically running high and it is almost impossible to live...

Subpoenas

Subpoenas

SUBPOENA OVERVIEW A subpoena is a writ which commands a witness to appear and (1) give testimony before a court or deposition, and/or, (2) to produce items which are pertinent to and may be used as evidence within an ongoing legal matter. It is a way for litigants to...

Annulment & Void Marriages in Texas

Annulment & Void Marriages in Texas

Our office gets a lot of calls about annulment. Annulment in Texas is actually divided into two distinct mechanisms – Annulment and Void Marriage. Depending on the situation, a party would either file a Suit for Annulment or Suit to Declare Marriage Void. Suit for...

Nomenclature of Civil Pleadings

Nomenclature of Civil Pleadings

Titles of Pleadings Many litigants tend to get “stuck” on naming their pleadings. The good thing is that Texas courts are generally quite liberal in how a litigant names their pleadings, and allow for room in phrasing one’s pleadings. For example, a Motion for...

Sources of Texas & US Law

Sources of Texas & US Law

INTRODUCTION AND STARE DECISISLaw of the United States of America is derived from common law, which is law that was developed by the medieval English legal system. The United States inherited this legal system from the British and has since adapted it to suit our own...