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Bryan Joseph
You need to Divorce and other Family Law subject? Contact our Law Offices at BryanFagan.com to learn about best Texas Divorce Lawyer. So call now!
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Bryan Joseph 2019-12-06

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in What is a summary judgment and how could one affect your Texas family law case?Divorce Lawyer in Houston: A summary judgment allows for a court to dispose of a case where either the Petitioner (the party who filed the lawsuit) either does not have sufficient evidence to win the relief he or she is requesting or when a responding party lacks a proper and clear defense to the assertion(s) brought against him or her by the Petitioner.Basically, if one party or the other doesn’t have a leg to stand on as far as their case’s arguments are concerned then the opposing party can file a motion for summary judgment in an attempt to dispose of the case.If you are involved in a family lawcase and the opposing party is making assertions and arguments that are not backed by sufficient evidence then you can file a motion for summary judgment.

Likewise, if your case is instead heading to mediation you have an advantage due to your having removed certain issues from the negotiating table.

If you are attempting to settle on a particular issue and you remove other avenues for your opposing party to argue about, then your chances of settling increase dramatically.No evidence motion for summary judgmentThere are two types of motions for summary judgment- traditional and no evidence.

For the purposes of today’s blog post we will focus on no evidence motions for summary judgment.

If you are motioning the court to grant your request for no evidence summary judgment, you are essentially stating to the judge that there is no evidence to support a claim or claims of your opposing party.Since the burden of proof is on your opposing party to do so, you are merely pointing out that the party will be unable to meet the burden at trial and as a result the claim needs to be disposed of now rather than later.Once the parties have had a chance to seek discovery responses from the opposing side, you can file a motion for summary judgment in the event that there is no evidence available to support a claim or defense that the other side is attempting to argue.

You must go through the claim being asserted by the opposing party and state specifically where their evidence is either faulty or insufficient.The beauty (from the perspective of the filing party) is that you do not have to present any evidence.

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0
Bryan Joseph 2019-07-30

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in What considerations to take when considering changing your child’s schoolFamily Law Lawyer Houston: If you have recently gone through a divorce then you are well aware that your life has seen changes.

The couch that you watch television on and even your automobile may no longer be with you after the divorce.What you should also be considering (if you haven’t already) is how the changes associated with your divorce are affecting your children.

While each child will deal with divorce in their own unique way, you can be sure of the fact that your children have changes to deal with as well.What sort of changes to children experience after a divorce is finalized?We have already touched on one significant change and that is you and your ex spouse no longer residing together.

The routine of classroom lessons, friends, and even homework can allow your children the time they need to get away from the changes we’ve discussed in this blog post and instead focus on material that affects their day to day life away from family.Some children are forced to switch schools due to a parent needing to move from their prior home or because their primary residence is switching to a parent that had to move out of the family home as a result of the divorce.

If you find yourself in a position where you are considering a divorce and its impact on where your children attend school there are considerations to make.From my experiences as an attorney with the Law Office of Bryan Fagan, PLLC here are five items to think about as you ponder this subject in conjunction with a divorce:Family may be more important to your child’s long term development than remaining in the same school.All things being equal it may be ideal to have your children remain in their same school after a divorce in order to avoid the sort of disruptions and uncertainties that we have already discussed.However, if a move has been made necessary as part of a divorce, or if you simply believe it to be in the best interests of your children, then it is not wrong to push forward towards changing schools.

Their old school may be a reminder of their old life- for good and bad.A change of scenery may allow your child to grow and develop in an environment where there are no preconceived notions about their family or their past.Listen to your childObviously if your child is extremely young or has other factors in play that limit their ability to present an opinion about the situation then please take this piece of advice with a grain of salt.

collect
0
Bryan Joseph 2019-06-18

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Preparing for a Temporary Orders Hearing in Texas, Part FourHouston Family Law Lawyers: In part four of the Law Office of Bryan Fagan, PLLC’s series on Temporary Orders hearings, we will discuss the part of the hearing itself that gives clients the most amount of discomfort- their actual testimony.If you are going through a divorce or child custody case and have never given testimony in front of a judge this is a critical article to read.While every person has an individual level of comfort speaking in public, I believe the content below will be helpful for any person who finds themselves on a witness stand.Rule No.

Telling the truth and coming off as a credible witness to the judge is critical to being able to present your case successfully in court.For starters, lying under oath is called “perjury” and is against the law.

If you are less than truthful on the stand there is potential for criminal penalties to be assessed against you.

I’m not saying this will happen, but it is something to keep in mind.

Bottom line: be honest with the judge, no matter what.There are varying degrees of truthfulness when you get right down to it.

Your divorce lawyer is not there to judge you or berate you or do anything to make you feel bad about yourself or your past actions.What your divorce attorney is there for is to prepare your case and to present you in a favorable light to the judge.

collect
0
Bryan Joseph 2019-12-06

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in What is a summary judgment and how could one affect your Texas family law case?Divorce Lawyer in Houston: A summary judgment allows for a court to dispose of a case where either the Petitioner (the party who filed the lawsuit) either does not have sufficient evidence to win the relief he or she is requesting or when a responding party lacks a proper and clear defense to the assertion(s) brought against him or her by the Petitioner.Basically, if one party or the other doesn’t have a leg to stand on as far as their case’s arguments are concerned then the opposing party can file a motion for summary judgment in an attempt to dispose of the case.If you are involved in a family lawcase and the opposing party is making assertions and arguments that are not backed by sufficient evidence then you can file a motion for summary judgment.

Likewise, if your case is instead heading to mediation you have an advantage due to your having removed certain issues from the negotiating table.

If you are attempting to settle on a particular issue and you remove other avenues for your opposing party to argue about, then your chances of settling increase dramatically.No evidence motion for summary judgmentThere are two types of motions for summary judgment- traditional and no evidence.

For the purposes of today’s blog post we will focus on no evidence motions for summary judgment.

If you are motioning the court to grant your request for no evidence summary judgment, you are essentially stating to the judge that there is no evidence to support a claim or claims of your opposing party.Since the burden of proof is on your opposing party to do so, you are merely pointing out that the party will be unable to meet the burden at trial and as a result the claim needs to be disposed of now rather than later.Once the parties have had a chance to seek discovery responses from the opposing side, you can file a motion for summary judgment in the event that there is no evidence available to support a claim or defense that the other side is attempting to argue.

You must go through the claim being asserted by the opposing party and state specifically where their evidence is either faulty or insufficient.The beauty (from the perspective of the filing party) is that you do not have to present any evidence.

Bryan Joseph 2019-06-18

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Preparing for a Temporary Orders Hearing in Texas, Part FourHouston Family Law Lawyers: In part four of the Law Office of Bryan Fagan, PLLC’s series on Temporary Orders hearings, we will discuss the part of the hearing itself that gives clients the most amount of discomfort- their actual testimony.If you are going through a divorce or child custody case and have never given testimony in front of a judge this is a critical article to read.While every person has an individual level of comfort speaking in public, I believe the content below will be helpful for any person who finds themselves on a witness stand.Rule No.

Telling the truth and coming off as a credible witness to the judge is critical to being able to present your case successfully in court.For starters, lying under oath is called “perjury” and is against the law.

If you are less than truthful on the stand there is potential for criminal penalties to be assessed against you.

I’m not saying this will happen, but it is something to keep in mind.

Bottom line: be honest with the judge, no matter what.There are varying degrees of truthfulness when you get right down to it.

Your divorce lawyer is not there to judge you or berate you or do anything to make you feel bad about yourself or your past actions.What your divorce attorney is there for is to prepare your case and to present you in a favorable light to the judge.

Bryan Joseph 2019-07-30

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in What considerations to take when considering changing your child’s schoolFamily Law Lawyer Houston: If you have recently gone through a divorce then you are well aware that your life has seen changes.

The couch that you watch television on and even your automobile may no longer be with you after the divorce.What you should also be considering (if you haven’t already) is how the changes associated with your divorce are affecting your children.

While each child will deal with divorce in their own unique way, you can be sure of the fact that your children have changes to deal with as well.What sort of changes to children experience after a divorce is finalized?We have already touched on one significant change and that is you and your ex spouse no longer residing together.

The routine of classroom lessons, friends, and even homework can allow your children the time they need to get away from the changes we’ve discussed in this blog post and instead focus on material that affects their day to day life away from family.Some children are forced to switch schools due to a parent needing to move from their prior home or because their primary residence is switching to a parent that had to move out of the family home as a result of the divorce.

If you find yourself in a position where you are considering a divorce and its impact on where your children attend school there are considerations to make.From my experiences as an attorney with the Law Office of Bryan Fagan, PLLC here are five items to think about as you ponder this subject in conjunction with a divorce:Family may be more important to your child’s long term development than remaining in the same school.All things being equal it may be ideal to have your children remain in their same school after a divorce in order to avoid the sort of disruptions and uncertainties that we have already discussed.However, if a move has been made necessary as part of a divorce, or if you simply believe it to be in the best interests of your children, then it is not wrong to push forward towards changing schools.

Their old school may be a reminder of their old life- for good and bad.A change of scenery may allow your child to grow and develop in an environment where there are no preconceived notions about their family or their past.Listen to your childObviously if your child is extremely young or has other factors in play that limit their ability to present an opinion about the situation then please take this piece of advice with a grain of salt.