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Understanding Separation

nospam@example.com (Jack G. Duffy) — Tue, 05 Jan 2010 16:49:05 -0500

Legal Separation in Fort Worth

Divorce cases can be complicated; there are many aspects of Fort Worth divorce law that may be applicable to your unique set of circumstances. Before any decision is made in regards to what route to take, a qualified Fort Worth separation attorney should be consulted. There are also factors that are not applicable to your situation; for example, different states have different laws concerning legal separation law.

Fort Worth Legal Separation Law

Texas law mandates that legal separation in Fort Worth is not feasible, however, there are methods that can make living apart possible while the divorce process proceeds. Due to Texas community property laws, both spouses are liable for items such as income, property attained and debt accumulated even if living separately. Child custody and Fort Worth property rights are not dictated by the wants and desires of spouses, the court will decide what is right in terms of liabilities. Couples who feel divorce is in their future and want to live separately before the divorce is confirmed can have a separation agreement in Forth Worth or a property partition designed. This agreement will allow couples to live individually with child custody and property rights mandated until divorce is finalized.

Changes in Separation Agreements

There are oftentimes reasons for changing a divorce/separation agreement; for example, if child custody is shared and there is unfavorable behavior stemming from one spouse, a petition for post-separation modification can be created. Unfavorable behavior from a spouse is not the only reason to file a petition for post-separation modification, other reasons include:

Relocation of a parent or both
Change of incoming finances
Child coming to age in which support in not granted
Needs of spouse and/or child changing

A Fort Worth separation agreement can be complicated due to factors such as child support, property distribution and division of debt. It is important to remember that separation agreements can only be designed if a divorce is being pursued. If you and your spouse are in agreement to divorce methods of mediation may save you time and money. If you need counsel for any issue regarding divorce/separation, the office of Jack G. Duffy can help you. Our attorneys are dedicated to providing exceptional representation for separation/ divorce in Fort Worth.

Brought to you by the Fort worth divorce lawyers of the Law Office of Jack G. Duffy, Jr., 6220 Midway Road Haltom City, TX 76117.

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Benefits of Mediation in Fort Worth

nospam@example.com (Jack G. Duffy) — Wed, 08 Jul 2009 10:18:45 -0400

Divorce mediation in Fort Worth can be a very beneficial process for both spouses. Mediation is a great alternative to consider for situations in which children are involved, both spouses are able to open mindedly discuss their issues and concerns, and neither spouse creates feelings of confrontation and intimidation. Fort Worth mediation is not for everyone, instances occur in which spouses are totally unable to agree to any terms. If faced with circumstances calling for divorce, take into consideration these benefits of mediation.

Children during Mediation

Children often benefit from divorces that are successfully mediated. Often times without mediation a divorce will lead to long disputes over the terms of the divorce. With mediation the process is tailored to both the needs of you and your spouse. This removes hostility and allows both spouses to make conjoined decisions concerning their children after the divorce is finalized. Children also benefit because issues such as child support and child custody are clearly mandated and adapted to the child(s) best interests.

Financial Benefits of Mediation

Only one lawyer is needed to effectively administer the mediation process; this financially saves both spouses involved because two attorneys will not need to be hired. It often takes long periods of time to resolve issues when a divorce is contested. Mediation is a much faster alternative because both spouses are working together; therefore large lawyer bills will be avoided.

Confidentiality in Mediation

The public will not be informed as to the private dealings of you and your family. The terms of your divorce will be worked out privately with a mediator, and when it is time for your divorce to be heard in court, the family court judge will be able to evaluate the terms of the separation and quickly finalize your divorce.

It is important to remember that mediation is not appropriate for every divorce situation. If feelings of intimidation or confrontation exist, the process will be ultimately ineffective. If both are flexible enough to discuss their situation and resolutions, the mediation process for divorce or separation can be very beneficial for everyone involved. If you have any questions about mediating your divorce or separation, or need legal advice, contact the divorce attorney in Fort Worth, Jack G. Duffy, Jr., at 866-958-3964.

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Are Penalties Different if an Accident is Involved?

nospam@example.com (Jack G. Duffy) — Tue, 09 Jun 2009 10:28:18 -0400

First and second time DWI offenses in Fort Worth are generally classified as Class A and B misdemeanors. However, a Fort Worth DWI accident is considered an aggravating factor and can increase a misdemeanor offense to a felony offense. The most common situations involving DWI accidents in Texas include:

¿ Death and/or injury to passengers anyway involved in the situation
¿ Hit and run
¿ Endangering a child’s safety if passenger in the car of the offender or in a car directly affected by the drunk driver
If convicted of an accident related DWI offense, penalties could be life changing. After being charged with a Fort Worth DWI accident it is imperative to consult an attorney who will attempt to understand your side of the story and provide effective representation.

Death and Personal Injury

Serious penalties can be inflicted for DWI related accidents resulting in death or personal injury; these situations could bring about charges of vehicular manslaughter, which, if convicted, is punishable by long prison sentences and heavy fines. DWI personal injury offenders may also be subjected to felony charges, incarceration and will be required to pay for health care bills relating to the recovery of the injured party(s).

Hit and Run

Hit and run accidents caused by Fort Worth DWI are taken very seriously. Contact a DWI attorney in Forth Worth immediately if you have been charged. If convicted, the prosecutor, judge and/or jury will review the nature of the accident and determine an appropriate penalty. Felony penalties are applicable for hit and run accidents caused by DWI in most cases. If convicted of a DWI related hit and run accident punishment will be strict. Possible penalties include:

¿ Suspension of license
¿ Long state prison or county jail sentences
¿ Probation
¿ DWI courses
¿ Heavy fines

Child Endangerment

Child endangerment charges are applicable to individuals driving under the influence with child passengers, or to persons who cause a DWI related accident to a car with children present within. Child endangerment offenses require felony charges and Texas DWI law mandates unsympathetic penalties for convicted offenders.

What Can You Do If Involved In a DWI Related Accident?

If you or a loved one has been involved in a Fort Worth DWI accident you should seek guidance from an attorney. Serious DWI accident related offenses call for serious DWI representation. The difference between hiring an attorney and not hiring an attorney could mean your future. The attorneys at the law office of Jack G. Duffy, Jr. will build a defense, negotiate with prosecutors and provide any representation needed for DWI accident related offenses. Contact our firm today by phone: 866-958-3964, fax: 817-900-0718.

6220 Midway Road Haltom City, TX Tarrant Co. 76117

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What are my rights if Arrested for DWI?

nospam@example.com (Jack G. Duffy) — Fri, 29 May 2009 14:20:22 -0400

How do I know if I am under Fort Worth DWI arrest?

Fort Worth police officers will pull over any individual who is not obeying DWI or traffic laws; being pulled over does not automatically mean you are under arrest for DWI. Tests and procedures have to be administered in order to conclude you are under the influence of any illegal substance. It is also important to note that if asked to pull over during a DWI checkpoint this does not automatically qualify an arrest. When under DWI arrest, an officer will communicate the fact that you are under arrest and will begin to detain you by administering handcuffs. With this in mind take note of rights for individuals when arrested for DWI. Fort Worth DWI rights include:

The right to refuse sobriety tests
The right to private legal counsel
The right to trial by jury

Field Sobriety Tests

If pulled over and asked to take one or several tests to determine sobriety one has the right to refuse without the fear of any additional charges. It is a good idea to contact a Fort Worth lawyer before any decisions are made. Even if you believe your BAC is below legal limit do not give permission to any sobriety tests before consulting an attorney.

Private Counsel

After being arrested for Fort Worth DWI individuals have the right to counsel and to private counsel. Also offenders have the right to be informed about this right to Fort Worth DWI help and counsel while being detained. The right to be provided with an attorney is applicable for individuals who cannot afford an attorney.

Trial By Jury

Individuals facing Fort Worth DWI charges have the right to be offered trial by jury. In many instances DWI offenders will be offered plea bargains in order to avoid going to trial, but the option to go to trial always exists. During the trial it is the right of the offender to be innocent until proven otherwise.

Being pulled over for suspicion of DWI can be frightening and confusing, therefore it is important to fully understand your rights when arrested for DWI in Fort Worth. No matter what charges an individual is facing certain undeniable rights must be provided to them. If you have been involved in a Fort Worth DWI arrest, or any criminal law arrest, and you believe your rights have been violated, contact an experienced Fort Worth DWI lawyer. At the office of Jack G. Duffy, Jr. our attorneys are dedicated to informing the public of their irrefutable rights. For more information concerning rights for DWI stops or help with Fort Worth drunk driving contact our firm today at 866-958-3964.

Jack G. Duffy, Jr. 6220 Midway Road Haltom City, TX Tarrant Co. 76117

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