Stopping Annoying or Harassing Texts and Calls
I've been asked this question enough that I thought it merited a short blog post. Is there anything "legally" that can be done to stop a soon-to-be-ex-spouse or their new love interest from sending annoying or harassing texts or phone calls? Yes, on both the civil and criminal sides of the law.
On the civil side, if it's the soon-to-be-ex-spouse (i.e. the other party in divorce litigation), an enforcement action can be brought for violation of temporary injunctions that prohibit that sort of conduct. If found in "contempt," the court can order fines up to
https://cramplawfirm.com/lawyer/2015/07/26/Family-Law/Stopping-Annoying-or-Harassing-Texts-and-Calls_bl20640.htm
Jury Issues in Divorce
This is the first blog in a two part series on "jury topics." In this first part, we'll look at what issues a jury can decide in divorce. In the second part, we'll look at what issues a jury cannot decide.
In divorce, either party has the right to demand a jury trial. In a jury trial, the jury only decide questions of "fact," generally meaning whether or not something happened, or what about a fact question is true or not true. The judge always decides questions of "law," generally meaning what are the legal consequences that follow once a fact has been established. The questions of "fact" that a jury can decide follow:
https://cramplawfirm.com/lawyer/2015/06/30/Family-Law/Jury-Issues-in-Divorce_bl19856.htm
When an Executor Declines, Who Else Can Serve?
Sometimes all persons named in the Will as Executor decline or are unable to serve. Assuming there's more than one person interested in stepping up to the task, the Estates Code establishes the order of preference, as follows:
https://probatewillssanantonio.com/lawyer/2015/06/20/Probate/When-an-Executor-Declines,-Who-Else-Can-Serve_bl19693.htm
Military Divorce: Jurisdiction to Divide Military Retired Pay
Filing a suit for divorce doesn't automatically give a State court jurisdiction to divide military retired pay. Federal law (specifically, Uniform Services Former Spouse Protection Act found in Title 10 of the United States Code at Section 1408) requires that a State court establish jurisdiction over military retired pay in one of three ways, as follows:
https://cramplawfirm.com/lawyer/2015/06/20/Military-Divorce/Military-Divorce-Jurisdiction-to-Divide-Military-Retired-Pay_bl19692.htm
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Divorce and Conveying Title to the House
Many times in divorce one of the spouses will keep the house. In all cases, the divorce decree should contain a legal description of the house and clearly divest one spouse of his or her community interest by giving that ownership interest to the spouse who will keep the home. But, once the decree is signed by the judge, the work is not done. Transfer of the divested spouse's interest must be visible in the county's real property records, otherwise the spouse owning the home may run into difficulty when it comes time to sell (i.e. a title company cannot verify the transfer when investigating the chain of title).
In general, making the transfer visible in the county's real property records can be done in one of two ways. First, the divested spouse can be ordered in the decree to sign a Special Warranty Deed as "grantor" conveying his or her interest to the spouse keeping the home, the "grantee." The deed is then recorded. Second, the decree itself can contain language that makes it a "muniment of title for all property awarded and transferred herein." A "muniment" is merely a document that evidences title -- the decree serves as the equivalent of a deed. The decree is then recorded in the county's real property records.
What is the advantage of one over the other? Transferring title by Special Warranty Deed costs less to record since the deed is about 3 pages. It also keeps the other terms of the decree out of the public's eye. Transferring title by the decree serving as a muniment of title gets the job done quickly when the other spouse is hostile and getting cooperation in signing a deed is uncertain at best.
https://cramplawfirm.com/lawyer/2015/05/10/Family-Law/Divorce-and-Conveying-Title-to-the-House_bl18918.htm
