Bryan Joseph's blog
December 6, 2019 by Bryan Joseph
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. If your case has multiple issues at stake it is possible to have a number of them decided via a motion for summary judgment prior to a trial.
This limits the areas that you have to present in trial. 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 judgment
There 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. One you file the motion for no evidence summary judgment the burden shifts to the opposing party to produce sufficient evidence to show the court that he or she should be allowed to continue to assert that particular claim.
If the party responding to the no evidence summary judgment motion either fails to adequately produce evidence or presents no evidence at all the summary judgment motion will be granted by the court.
What are the types of issues that often involve no evidence motions for summary judgment?
Divorce Attorney Houston: When it comes to family law cases, what type of subject matter are often at the heart of no evidence motions for summary judgment? Here are a number of examples:
> Reimbursement claims made in divorce cases where one side is asking for money from their spouse’s martial estate be paid to their martial estate
> Property issues in which characterization is being argued. This means whether or not a piece of property, retirement benefit or other entity is characterized as either community or separate property
> Whether or not a premarital agreement should be enforced by a trial court in conjunction with a divorce case
How to use a motion for no evidence summary judgment to your advantage
Basically any situation in a family law case in which your opponent has the burden of proof are good scenarios to consider filing no evidence motions for summary judgment, where appropriate.
An advantage to bringing such a motion early in your case is that you are able to win on any number of issues before trial- thereby reducing the subject matter to be tried.
This allows you to both focus on those specific areas and to prepare better for each.
Also, as previously stated, if you are still able to negotiate and potentially settle your case before trial, eliminating a number of issues sort of clears the landscape and allows both sides to wrap their arms around the elements that are still at issue.
Through a no evidence motion for summary judgment you are able to force your opponent to prove the merits of their claim or defense during the case itself rather than allowing him or her to posture and bloviate during the case. This can waste time, resources and decrease the possibility of a settlement.
In the event that you are not successful in having your motion for a no evidence summary judgment granted, it is rarely a bad move for you to try to do so from a strategic standpoint.
Learning more about the issues of your case early on in the process and forcing your opponent to corral evidence and defend themselves against your motion is good preparation for mediation and trial. Learning what your opponent will be arguing later on is never a bad thing.
Questions about family law case strategy? Contact the Law Office of Bryan Fagan, PLLC
Houston Divorce Lawyers: Thank you for allowing our office the opportunity to share with you this article about no evidence summary judgment. Having a strategy and game-plan for your case is essential to achieving your goals. Attorneys and clients who work together and who are on the same page increase the odds further of attaining whatever goals the client has set forth.
If you have questions about your family law matter please do not hesitate to contact the Law Office of Bryan Fagan, PLLC today. Our licensed family law attorneys value the relationships we share with clients and we will work tirelessly with you on your case. A free of charge consultation is just a phone call away where your questions can be answered ... Continue Reading
July 30, 2019 by Bryan Joseph
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 school
Family Law Lawyer Houston: If you have recently gone through a divorce then you are well aware that your life has seen changes. Some of these changes have been significant, such as moving residences or losing a person that used to reside with you. You may have had to change jobs in order to earn more income due to the loss of your spouse’s contributions to the family budget. 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. You may take solace and comfort in the fact that your children are involved in school and extracurricular activities with the hope that what you and your ex spouse have had to go through has only minimally impacted them. 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. This means that your children will have multiple residences in which they will spend the night and this takes a lot of time to get used for most children.
If you or your spouse now have to work when you did not have to before this means after school care may have to be provided by a family member or daycare. The comfort and familiarity that your children previously knew is going to be altered to some degree no matter how hard you and your spouse have worked to maintain the children’s previous lives.
How does school fit into the changes in the post-divorce lives of your children?
Kingwood Divorce Attorney: Your children’s school can offer a sense of normalcy and consistency in the lives of your children after your divorce has been finalized. 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. While your self confidence may be a little damaged as a result of your divorce you need to remember that you have the duty to act in what you believe to be your child’s best interests.
Change is sometimes what your child needs
While there is a great deal to be said for maintaining the security and familiarity of your children’s school it could be that making the move to a new school is actually what your child needs right now. 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 child
Obviously 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. On the other hand, listening to the opinions of your children on what to do may be a good thing for you.
After all, the decision will impact them the most of anyone. While you ultimately will make the decision, simply asking your children their opinion can help them to feel involved in the process and that what they say matters to you. During a time in their lives where they may feel ignored or inconsequential the simple feeling of being heard can make a tremendous difference to them and to your family as a whole.
The bottom line: each family is different and you need to listen to help make decisions
After a long divorce it is easy to feel as if your patience for cooperating with others has worn thin. It’s most likely that you’ve negotiated long and hard with your ex spouse on a divorce settlement that neither of you are 100% happy with.
However, now is not the time to stop listening to your family’s concerns and thoughts. This includes your children. As adults we can become blind to the needs of our children during stressful or traumatic times. One way to ensure that we make good decisions is to open our ears and eyes to what is happening around us. Taking in as much information as possible and then applying what we’ve learned will result in a better decision than shutting off the world and relying only on your own perceptions to make a decision.
Questions on post-divorce life? Contact the Law Office of Bryan Fagan, PLLC
The Woodlands Divorce Attorney: The time to think about your life after a divorce is after the paperwork has been signed off on by the judge, but before a divorce has even been filed. The attorneys with the Law Office of Bryan Fagan, PLLC are experienced in counseling clients in all areas of family law and divorce. If you are interested in learning more about our office please do not hesitate to contact us today for a free of charge consultation with one of our licensed family law attorneys ... Continue Reading
July 26, 2019 by Bryan Joseph
If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in What is the procedure for an adult to change their name in Texas?
Family Lawyers in Houston: Clients of the Law Office of Bryan Fagan, PLLC will often time request that their name be changed after a divorce has been finalized. If you are interested in learning more about divorce in Texas and would like to have your name changed as well, then this blog post is for you.
The Texas Family Code allows a person to change their name after a divorce but only to a name that you have used previously. At the final hearing in your case known as a “prove up” you will be asked either by your attorney or by the judge whether or not the purpose of the name change request is to evade creditors or otherwise make yourself harder for someone to track down. As long as your motivation is not something illegal then you will most likely be granted the name change.