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San Antonio Legal Blog

What are the grounds for filing for divorce?

If you are filing for divorce in Texas, then there is something that happened with your marriage to cause it to end. There are many reasons why a marriage may end, but in any case, you have to go through a legal process to formally end the relationship. Until you have a court ruling, you are still married. When you do file for divorce, the Texas Attorney General, explains you have options when choosing the grounds for your divorce.

The grounds you choose may help you later in the process when trying to get alimony or other support and property division. You have seven options. Some of them are related to actions that occurred in the marriage. For example, you can file on the grounds of cruelty or adultery. You may also file due to the actions of your partner, such as he or she was convicted of a felony or abandoned you.

Parenting plans are not one size fits all

The majority of parents who file for divorce in Texas are required to negotiate a parenting plan that will dictate how and when they will see their children. In some cases, the judge presiding over the case will determine which party receives physical and legal custody of the children, or if the couple will share joint custody of the children. The important thing to keep in mind is that parenting plans are not one size fits all. Each family should create a customized plan that will fit their lifestyle and always keep the best interests of the children in mind.

A study published in the Journal of Family Psychology discovered that children who come from families where both parents spend a significant amount of with the children are better adjusted in comparison to children who spend the majority of time with just one parent. After reviewing more than 30 studies that looked at custody schedules and the development of children, researchers found that kids coming from joint custody situations performed better in school, had better family relationships and experienced fewer emotional and behavioral problems.

What are the ways a truck might roll over?

Getting involved in a truck accident is probably one of the most terrifying things you can imagine. As you know, in a duel between a big rig and your vehicle, your car will likely end up the loser. Unfortunately, there are many truck accidents in Texas and elsewhere that result in serious injuries or worse. Truck rollovers are one of the accident risks you face when you share the highways with large commercial 18-wheelers.

Many factors can contribute to a rollover accident, although the Federal Motor Carrier Safety Administration states that 78 percent of rollovers in the United States are due to driver error. It may interest you to learn that the common reasons for a tipped truck include the following:

  • The driver made a turn that was too tight or too fast.
  • The truck was speeding or driving too fast in unsafe road conditions.
  • A tire blew out, the brakes failed or the truck was otherwise in need of maintenance or repair.
  • Cargo within the big rig was unevenly loaded or too heavy for the trailer.
  • The truck tipped due to road conditions or weather, such as potholes, an unexpected stop in traffic, snow, ice or heavy wind.
  • The driver was distracted, intoxicated, experiencing a medical emergency or driving aggressively.

How to lower your child support payments in Texas

Fathers who do not pay child support often get a bad name instead of compassionate consideration for the significant financial strain this obligation puts on them. Many fathers desire to take care of the temporal well-being of their children but struggle to do so. 

If this describes you, there is hope. You can take legal steps to reduce the amount of child support you have to pay so that you can avoid the harsh penalties of not being able to pay and still financially provide for your children. The process entails requesting a modification of the court order. However, you have to meet certain requirements to be eligible for this action.

Tips for avoiding motorcycle accidents

"Motorcycles are less stable and less visible than cars." No kidding! Bikers fly through Texas on Interstate 10 all the time, and motorists in passenger vehicles as well as semitruck drivers have to be paying close attention to notice them. 

The Insurance Institute for Highway Safety reminds drivers of the above fact, and since motorcycles are smaller than cars and they travel on just two wheels, their lower stability and visibility levels are not surprising. What is surprising - scary even - is the fatality factor. The IIHS notes "in 2015, the number of deaths on motorcycles was nearly 29 times the number in cars." 

Understanding a paternity suit

At the Law Office of Roland R. Esparza PC in Texas, we understand the difficulties you face with regard to your fatherhood if you are an unwed father. While your child’s mother automatically becomes the legal mother when the child is born, you do not automatically become his or her legal father. Without legal fatherhood, you have no legal right to see your child, become an integral part of his or her life, or obtain his or her school and medical records.

As FindLaw explains, if you and your child’s mother do not agree that you are in fact the child’s father, you can file a paternity suit in court, asking that the judge resolve the issue and declare you as your child’s legal father.

Distracted truckers: How big is the problem?

As a Texan who spends a good part of your day on the road going to and from work, appointments, errands and taking your kids to and from their numerous activities, you know about distracted drivers. You see them all around you doing other things while driving their passenger vehicles or 18-wheelers.

The latter is a particularly wide-spread, dangerous and ongoing problem. Given that a tractor-trailer weighs nearly four times what a passenger vehicle weighs, if a crash occurs, you and your passengers are likely to suffer greater and more serious injuries than the commercial truck driver.

Understanding Texas adoption criteria

People wishing to adopt a child in Texas have two options: state adoption and private adoption. Per Texas law, applicants must be at least 21 years old, mature and responsible adults and financially stable. They can be married or unmarried, straight or gay, but they must pass a criminal background check. Should this check reveal a history of domestic or child abuse or neglect, this disqualifies them from adopting a child.

Each private adoption agency has its own rules, regulations and procedures. While these must adhere to Texas law, the agency may have additional requirements of its own which an applicant must meet before adopting a child.

3 essential steps after a car accident

When you get in a wreck, it feels disorienting and scary. If you do not know what you should do after an accident, you may easily make some costly mistakes. You should be ready for the worst so that you can handle the insurance and legal logistics smoothly after a collision.

If you take the proper steps after an auto crash, you can get the rightful compensation you deserve for your injuries and damage to your vehicle. Here are the most fundamental things to do after a car accident.

Talk, Text, Crash - Texas targets distracted drivers

The story goes that a teenage girl was driving her friends down a Texas highway when she briefly checked her phone. She did not survive the collision with an 18-wheeler she did not see coming. Thankfully, her friends did survive, and they are now warning other teens about how dangerous it is to use their phones while driving.

The Monitor in McAllen, Texas, reported the story and a surprising fact. Drivers may think they only look down for one quick second, so what could be the harm in that? The Monitor comes back with the reality that when drivers are texting, their eyes leave the road "for an average of five seconds," and a lot can happen in five seconds. "That's the equivalent of driving the length of an entire football field while blindfolded."