Dallas Divorce Attorney: A British man who has styled himself as a “24^th Century Interior Designer” is being evicted from the apartment he had completely converted to look like the Stark Trek spaceship Enterprise.  The force behind the force-out isn’t Romulans or Klingons – it’s his soon-to-be-ex wife.

The pair separated in 1994, but is now finally going through with a full divorce.  The apartment which the husband spent approximately £100,000 ($150,000 in U.S. dollars) renovating is actually owned by his wife.  Now that the couple is divorcing, the wife is tired of paying the mortgage on the Enterprise and wants to sell it.  For the husband, that means he’ll have to beam out.

If the pair was divorcing in Texas, the result might be pretty close to the same – assuming the wife owned the apartment before she got married.  Under Texas marital property law, if a spouse owns something prior to the marriage (like a house, condo or car), then that asset is NOT part of what a court can divide in the divorce.  It stays with the person who owned it before the marriage.

Do you have questions about who can get what property in your divorce?  The Wright Firm is here to help you!  Give our office a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

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New York resident Todd Remis is suing the photography studio who shot the photos and videos of his wedding, claiming (among other things) that the photographers left early and missed key moments of the wedding.  In and of itself, that’s not too off the wall – but there are a few twists:

First, the wedding took place in 2003.  The “happy couple” actually divorced in 2010 (prior to Remis’s lawsuit being filed).  And most strangely, Remis is actually demanding that the (now former) couple’s lavish $48,000 wedding be re-staged so that the “missed” shots from the original wedding can be taken.  Oh, and his ex-wife has already moved back to her native country of Latvia.

Remis insists that his lawsuit is an attempt to “holding a business to its pledge, not holding on to a broken marriage.”  He defended his request for a recreation of the wedding in deposition testimony stating that, “I need to have the wedding recreated exactly as it was so that the remaining 15 percent of the wedding that was not shot can be shot, so we have memories of the wedding.”

Are you planning your own nuptials?  Let the Wright Firm help you take some of the worry out of getting married!  Contact our office today about how a Premarital Agreement can help you plan financially for your marriage.  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

Original Associate Press article can be found here: http://shine.yahoo.com/love-sex/divorced-nyc-man-suing-over-wedding-pics-speaks-174900207.html

The Wright Firm, L.L.P. - When your family, finances, freedom or future are at stake, you need an attorney you can count on. The Wright Firm, L.L.P.

According to the Applied Research Center 1 in 4 people deported in 2011 (nearly 100,000 people) left behind a U.S. citizen child. Children whose parents have been detained and deported are placed in foster care and face huge barriers reuniting with their families. An estimated 5,100 children, currently living in foster care have detained or deported parents. The U.S. reportedly spends $22 billion dollars on children in foster care annually all at the expense of U.S. tax payers; an unnecessary cost if these children were placed with relatives. Yet, Child Protective Services (CPS) cannot place children with undocumented family members because they “could be deported at any time.” Federal, state and local governments need to implement policies that specifically protect families in these types of situations.

For information on Texas Family Law or Immigration Law, contact The Wright Firm at 972-353-4600 or visit us on the web at www.thewrightlawyers.com.

The Wright Firm, L.L.P. - When your family, finances, freedom or future are at stake, you need an attorney you can count on. The Wright Firm, L.L.P.

There are two types of consumer bankruptcy: Chapter 7 and Chapter 13.  Chapter 7 bankruptcy allows debtors to discharge debt quickly.  Creditors only receive funds that are acquired by liquidating nonexempt property.  For many debtors Chapter 7 bankruptcy is the preferable choice of bankruptcy because it is relatively quick and inexpensive.  However, Chapter 7 bankruptcy is only available to debtors who satisfy the Means Test.  The Means Test is a form used to determine if a debtor should be required to pay back a portion (or all) of their unsecured debt in Chapter 13 bankruptcy because of how much disposable income is available to the debtor.  Basically, if you can afford to pay back your creditors, you may not be eligible to file Chapter 7 bankruptcy.

Chapter 13 bankruptcy has eligibility requirements as well.  One of these requirements puts a limit on how much debt a debtor can have and still file Chapter 13 bankruptcy.  The current debt limits for Chapter 13 are $360,475 of unsecured debt and $1,081,400 of secured debt.  Debtors with more debt do not qualify for Chapter 13 bankruptcy.  So what happens when a debtor does not qualify for Chapter 7 discharge because they have disposable income but also do not qualify for Chapter 13 bankruptcy because they have too much debt?

This issue is unresolved at this time with different courts coming to different conclusions.  In In re Bell, a debtor in this situation was told she could not receive a discharge under Chapter 7 and the court noted that the debtor could propose a repayment plan under Chapter 11 bankruptcy.  56 B.R. 637 (Bankr. E.D. Mich. 1986).  However, in In re Mastroeni, the court held that a debtor with disposable income who was not eligible for Chapter 13 bankruptcy because of the debt limitations under that chapter could receive a discharge under Chapter 7 because the debtor’s postpetition earnings would be excluded from property of the estate in a Chapter 11 case, and therefore few assets would be available to fund a Chapter 11 reorganization plan.  56 B.R. 456 (Bankr. S.D. N.Y. 1985).  This issue has not been discussed yet by bankruptcy courts in North Texas.

Bankruptcy is a very complex subject.  Before filing a bankruptcy case, debtors should consult an attorney specializing in the types of issues that arise in bankruptcy cases.  To speak with one of our experienced attorneys, please call us at 972-353-4600, and visit us at our websites at www.thewrightlawyers.com or www.northtexas-bankruptcy.com.

The Wright Firm, L.L.P. - When your family, finances, freedom or future are at stake, you need an attorney you can count on. The Wright Firm, L.L.P.

Dallas Attorney: Everybody has the Constitutional right to legal counsel when they are on trial for a criminal offense.  But how absolute is that right?  A Washington state judge has recently ruled that accused Joshua Monson lost after Monson attacked 3 court-appointed defense attorneys.

The first two attorneys were stabbed by Monson with pencils that he snuck out of jail into the courtroom.  Neither of these attorneys was seriously injured.  Monson stabbed his third court-appointed defense counsel in the head with the attorney’s own pen. Corrections officers had to physically restrain Monson.

Following this third attack, Judge David Kurtz ruled that Monson would have to defend himself without a lawyer, and would be strapped into a special chair for the rest of the trial.  The jury was instructed to ignore these circumstances and there was “standby attorney” present to answer Monson’s legal questions –from a safe distance.

Do you need a defense attorney to help you with a criminal law issue?  The Wright Firm is here to help you!  Just keep the pens and pencils to yourself, okay? Give our office a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

The Wright Firm, L.L.P. - When your family, finances, freedom or future are at stake, you need an attorney you can count on. The Wright Firm, L.L.P.

Texas Family Law Attorney: When you go through a child custody case (or a divorce where children are involved), part of the process is figuring out who gets the kids when.  This can be particularly tricky when dealing with holiday possession.  Texas family court judges will frequently implement the Texas Standard Possession schedule which DOES include specific provisions for holiday visits.  Problem?  A Standard Possession Order covers Christmas, Thanksgiving, the child’s birthday, Mother’s Day and Father’s Day, but NOT Halloween! (See Texas Family Code §153.314)

So, how do you know who gets to take the kiddies trick-or-treating this year?  Take a look at your child custody order or divorce decree:

1)                  Some child custody orders DO include Halloween provisions. If Halloween is covered in your order, go with what your order says for this year. (NOTE: if you are currently negotiating a possession schedule, ask your attorney about adding these into your order!)

2)                  If there are no express provisions for Halloween, take a look at your regular (non-holiday) possession schedule.  Is it your day/night to have possession of your children?  If it is, then get ready for some trick-or-treating!

3)                  If according to your regular possession schedule, it ISN’T your day/night to have possession of the kids – try this:  Call up your ex, and ask (nicely) if you can work out an agreement together, so that you can trick-or-treat with the kids.  Maybe you can all go together.  Maybe you can meet up for a candy-swap after the actual trick-or-treating is over.  The Wright Firm always encourages parents to try to work together for the best interest of their children!

Do you have questions about your possession schedule or need help with a child custody case?  The Wright Firm is here for you!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

The Wright Firm, L.L.P. - When your family, finances, freedom or future are at stake, you need an attorney you can count on. The Wright Firm, L.L.P.

Clients inquiring about bankruptcy often ask about divorce as well.  This makes sense.  Financial problems often lead to dissolution of marriage.  If your goal is to file both bankruptcy and divorce it is very important to pursue both legal matters in the correct order.

If you intend to file Chapter 7 bankruptcy, then it is generally in your (and your soon to be ex-spouses) best interest to complete your bankruptcy first before filing for divorce.  The reason is that debts that are divided up in the divorce decree may become nondischargable in bankruptcy, meaning that bankruptcy will not prevent collection of a debt allocated to you in the divorce decree.  If you file for divorce first, the decree will divide up liability to repay all of the jointly held debts.  However, a divorce decree only affects the two parties filing for divorce.  It does not affect the rights of the creditor.  If your spouse is given responsibility for paying a debt in the decree, and he doesn’t pay it, then the creditor will still come after you.  You will have a claim against your ex-spouse for not paying the debt according to the decree, but you will have to go to court to recover the funds.  If you and your spouse file bankruptcy before filing divorce, you can enter divorce with no debt.  As a result, there is no risk of creditors coming after you later to collect on the debt.  In addition, you may save money on your attorney’s fees in the divorce, since less time is needed to determine who will be responsible for the jointly held debt.

In Chapter 13 cases it is more complicated.  Cases last five years so most people aren’t willing to wait that long before filing for divorce.  If you are not eligible for Chapter 7 bankruptcy or you have secured property you need to protect by filing Chapter 13, then it is a good idea to speak with an experienced bankruptcy attorney to discuss your specific situation before filing bankruptcy or divorce.

For more information about filing a bankruptcy in north Texas, contact The Wright Firm, L.L.P. at 972-353-4600 or visit our websites at www.thewrightlawyers.com or www.northtexas-bankruptcy.com.

The Wright Firm, L.L.P. - When your family, finances, freedom or future are at stake, you need an attorney you can count on. The Wright Firm, L.L.P.

Denton Criminal Lawyer: The most significant difference between a misdemeanor and a felony is the punishment. Generally, a misdemeanor is any crime that can carry a punishment of up to one year in jail and/or fines; however, a misdemeanor does not carry a sentence that includes spending time in prison. A felony conviction, on the other hand, is any crime that may result in a prison sentence of one year or more in a state or federal penitentiary. Additionally, the fines are much greater for a felony conviction.

For more information contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.

The Wright Firm, L.L.P. - When your family, finances, freedom or future are at stake, you need an attorney you can count on. The Wright Firm, L.L.P.

Times are tough across the nation now, but do you really know what it feels like to be broke?  As in, no savings, nine bucks an hour or less, utilities turned off broke?  Urban Ministries of Durham, N.C. has created an online game called “SPENT” that allows players to walk in the shoes of someone who is barely (if at all) scraping by.

In The Wright Firm’s family law practice, we see people having to survive and make hard choices like the ones proposed in the game every day.  Some of our clients are single parents trying to make ends meet for their children.  Others are spouses who have been unemployed – either as a stay-at-home parent, or due to being laid off – and are now having to deal with life minus the other spouse’s (or parent’s) income.

If you are going through a family law case, dealing with the aftermath of one, or even just need a healthy dose of perspective about your life – take a shot at the game.  Do you have what it takes to survive?

The Wright Firm is here to help you with your family law case, but our services don’t stop there.  If you and your family are going through a serious financial crisis, we also represent clients filing for Bankruptcy.   If you want to know more about any of The Wright Firm’s services, give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

The SPENT game can be found here:  http://www.playspent.org/

Original article can be found here:  http://lifeinc.today.com/_news/2011/09/26/7926328-can-you-live-on-9-an-hour-play-the-game?GT1=43001

The Wright Firm, L.L.P. - When your family, finances, freedom or future are at stake, you need an attorney you can count on. The Wright Firm, L.L.P.

Texas Divorce: What isn’t Reimbursable?

Some people going through a divorce are looking for payback.  Others just want to be literally paid back for money that’s been spent during the marriage.  The Texas Family Code section 3.409 has specific provisions that spell out what kinds of payments are NOT reimbursable:

1. Child support or alimony/spousal maintenance.  If you’ve been helping your spouse pay child support for his kids from a previous marriage for years, or worse, helping him pay alimony to his ex– sorry, no reimbursement.
2. Living expenses for your spouse.  I hear this from the guys on a regular basis: “But she’s never paid a single bill for our whole marriage!”  Those living expenses are not reimbursable.
3. Contributing property of nominal value.  All the pots and pans in the kitchen were yours from college? Or maybe all the decorative knickknacks?  Your spouse will not have to buy you out of those.
4. Payment of a liability of a nominal value.  After you got married, you paid off all her old parking tickets for her.  Or, maybe he had a credit card that you paid off for him.  As long as that debt was pretty small, that’s going to have to be a payment you made out of the goodness of your heart.
5. Student loans of a spouse.  A personal example:  This blogger is an attorney, as is her husband. When he and I got married he had student loans from law school in the amount of a large home mortgage. Nearly all the payments on those loans have been made from joint funds during our marriage.  If, God forbid, we ever split up, I don’t get any pay back for my contribution to paying for his law degree. Of course, he doesn’t get any credit for paying off MY loans either…

If you’d like more information about what you CAN be reimbursed for in a divorce, or just need assistance with your family law case, The Wright Firm is here to help!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

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