Estate Planning for Different Life Stages: A Guide for Texans

If you are thinking about leaving Texas while a divorce is underway, or right after it ends, there are some rules to know about. Talk with a New Braunfels divorce and family law attorney to walk you through the limitations that might apply to you. Can You Move Out of Texas During a New Braunfels Divorce? The three issues that could affect you are: Residency rules for the divorce itself Any temporary orders already in place Whether children are involved Residency Rules Texas requires that either you or your spouse have lived in the state for the six months right before the divorce petition is filed and in the county of filing for the last ninety days before filing. If you leave Texas before those periods are met, the court may lose the power to hear the case. Once the petition is filed, the court keeps jurisdiction over the divorce even if one of you moves. Temporary Orders The family court will often issue temporary orders while a divorce is pending. They're not permanent, but they must be followed, and they often control what you can do. They can set who stays in the marital home, how parenting time works, and whether either of you may relocate with the children. Ignoring a temporary order and moving anyway can lead to enforcement actions, contempt findings, or changes in how the court evaluates your reliability, which could have a serious effect on your child custody rights. When Children Are Involved Most Texas custody orders will include a geographic restriction that limits where the child may live, and that restriction usually keeps the primary residence inside one county and the counties that touch it (or some other well-defined area). The parent who has the right to decide the child's primary residence must stay inside that area, unless the other parent agrees in writing, a court changes the order, or the other parent's parental rights have been completely rescinded by the court (which is rare). How to Get Around a Restriction If your child custody order contains a restriction, you must file a petition to modify the parent-child relationship if you want to move. The court will decide whether the move is in the child's best interest by looking at the reasons for the move, the effect it will likely have on the child's relationship with the other parent, the possibility of coming up with a workable possession schedule, the child's ties to the current community, and the child's educational and health needs. After Divorce After the divorce is final, you are free to move yourself. Taking your child outside any geographic restriction will still require either the other parent's written agreement or a successful modification of the standing orders. Informal texts or verbal promises do not protect you. Talk to a Divorce and Family Law Attorney You do not have to figure this out alone, and you shouldn't. Request a consultation with the Lovorn Law Firm today in New Braunfels, Boerne, or Kerrville, TX.

If you're facing a DUI charge here in San Antonio, a local DUI defense lawyer with experience in these cases can help protect your driving privileges and minimize the consequences. Several possible defenses may apply to your situation, but only an attorney can tell you what's right for your needs. Possible Defenses Against a San Antonio DUI Charge Challenging the Initial Traffic Stop Police officers cannot pull over a vehicle without reasonable suspicion that a traffic violation has occurred or criminal activity is taking place. And to have this suspicion, they need to be able to articulate specific, observable facts. Once they've made the stop, they then need probable cause to make an arrest for DWI. This may come from observations, field tests, or any statements you made. If either the stop or the arrest fails these tests, your attorney can file a motion to exclude any evidence they got during the stop, including any test results and statements. Field Sobriety Test Reliability There are several standardized field sobriety tests, and their accuracy varies by test from as low as 65% to up to 88% under controlled conditions. The accuracy rate is higher when they're combined with other evidence in making an arrest decision. The thing is, though, that real-world conditions are rarely ideal. Roadside surfaces may be uneven, lighting is often poor, and the person tested may be dealing with anxiety, medical issues, or other things utterly unrelated to alcohol or any substance. Also, officers must follow very specific protocols with these tests, and if they don't, there's grounds to question the results. Many people assume these tests are definitive proof of impairment, but that's not the legal or scientific reality. Chemical Test Accuracy To do breath testing in Texas, you must have properly certified instruments, they have to be calibrated regularly and properly, and a trained operator has to use them following a mandatory observation period. When the quality control steps are not documented or haven't been followed, the result can be challenged or given less weight. Blood testing generally requires a warrant unless there's an emergency, and the draw must be done by qualified personnel and sent through a proper chain of custody to an accredited lab. Any issues with these steps or the lab methods are opportunities to challenge the results. Rising Blood Alcohol Concentration Defense Your blood alcohol concentration typically rises over time after drinking as the alcohol gets absorbed into the bloodstream. The timing of all this is influenced by what food you have or haven't had, the drink type, your body size, and your metabolism. In some cases, a person can be below the legal limit while driving but test above it later because absorption continued. A defense based on this requires establishing a very clear timeline of consumption and testing. A toxicologist can then estimate the actual BAC level you would have had at the time of driving. Talk to a DUI Defense Lawyer Today A DUI isn't something you should take lightly, but you do have options worth exploring. Call the Lovorn Law Firm at 830-293-8054 or request a consultation online to talk to board-certified attorneys who focus on strategic defense. We serve the San Antonio, Boerne, New Braunfels, and Kerrville areas and beyond.

Dividing property is often one of the most stressful aspects of a divorce. Many spouses wonder whether they will have to split everything equally, what happens to assets they owned before marriage, and how Texas courts determine a fair division of property. Texas follows community property laws, which can significantly impact how assets and debts are divided during a divorce. Understanding your rights can help you make informed decisions and protect your financial future. If you are considering divorce in Boerne, New Braunfels, Kerrville, or elsewhere in the Texas Hill Country, it is important to understand how property division works under Texas law. What Is Community Property in Texas? Texas is one of a handful of states that follows the community property system. Generally, community property includes most assets and debts acquired by either spouse during the marriage, regardless of whose name appears on the title or account. Examples of community property may include: Income earned during the marriage Retirement accounts accrued during the marriage Real estate purchased while married Vehicles acquired during the marriage Business interests created during the marriage Investment accounts funded during the marriage In most divorce cases, community property is subject to division by the court. What Is Separate Property? Not all property is considered marital property. Separate property generally includes: Assets owned before the marriage Inheritances received by one spouse Gifts made specifically to one spouse Certain personal injury recoveries A spouse claiming separate property must be able to prove its separate nature through documentation and evidence. Without sufficient proof, property may be presumed to be community property. Is Property Always Split 50/50? One of the biggest misconceptions about divorce in Texas is that property is automatically divided equally. Texas courts are required to make a division that is "just and right," which does not necessarily mean an exact 50/50 split. Factors a court may consider include: Each spouse's earning capacity Education and employment opportunities Fault in the breakup of the marriage Health conditions Future financial needs Child custody arrangements Waste or concealment of assets The court has broad discretion when determining what division is fair under the circumstances. What Happens to the Family Home? The marital home is often one of the most valuable assets involved in a divorce. Depending on the situation, options may include: Selling the Home The home may be sold and the proceeds divided between the spouses. One Spouse Keeps the Home One spouse may retain ownership and buy out the other spouse's interest. Delayed Sale In cases involving minor children, a court may allow one parent to remain in the home temporarily before a future sale. Every situation is unique, and the best option depends on each family's financial circumstances. How Are Retirement Accounts Divided? Many people are surprised to learn that retirement benefits accumulated during the marriage may be considered community property. These assets can include: 401(k) plans IRAs Pensions Government retirement benefits Dividing retirement accounts often requires specialized court orders, such as a Qualified Domestic Relations Order (QDRO). Failing to properly address retirement assets can result in costly mistakes. What Happens to Business Interests? Business ownership can complicate divorce proceedings. If a business was started or grew substantially during the marriage, at least a portion of its value may be considered community property. Important issues often include: Business valuation Ownership interests Income streams Future earning potential Buyout options Professional financial analysis is often necessary when businesses are involved. What About Marital Debt? Property division does not only involve assets. Texas courts also allocate responsibility for debts, including: Mortgages Credit card balances Vehicle loans Business debts Personal loans Just as with assets, courts seek a fair allocation of financial obligations. How Can You Protect Your Financial Interests During Divorce? Property division decisions can have long-term consequences for your financial stability. To protect yourself: Gather financial records early Document separate property claims Avoid transferring assets without legal advice Understand the value of retirement accounts and businesses Consult an experienced family law attorney The sooner you obtain legal guidance, the better positioned you will be to protect your interests. Contact Lovorn Law Firm Whether your divorce involves a family home, retirement accounts, business interests, or significant assets, experienced legal guidance can make a substantial difference. The attorneys at Lovorn Law Firm help clients throughout Boerne, New Braunfels, Kerrville, and the Texas Hill Country navigate complex divorce and property division matters with confidence. Contact Lovorn Law Firm today to schedule a consultation and learn how we can help protect your future during the divorce process.