Getting a Divorce in Frisco?

Trying to understand the process of and considerations made in a divorce case can be difficult, but in this article, we will try to provide an overview to get you started in understanding divorce laws in Texas. While we will explain the basics of grounds for divorce, if you are going through a divorce or considering one, you should speak with an experienced divorce attorney in Frisco, or wherever you are filing for divorce.

Before we get to grounds for divorce, we must first discuss the residency requirements to file for a divorce in the first place. In Texas, either the one filing for divorce (the petitioner), or the other party (the respondent), must have been a domiciliary of (have lived in) Texas for the previous six months and be a resident of the county where the divorce is being filed for 90 days before a divorce can be filed. For the purposes of divorce law, an active duty member of the armed forces who is stationed at a military base is considered a domiciliary of the state and the county the base is in, though the six month statewide and 90 day county-specific requirements still apply. If these residency requirements are not met, the court will dismiss the case.

Now, if residency requirements are met, there still have to be grounds for a divorce. These grounds include: (each quoted from the Texas Family Code)

• CRUELTY.  The court may grant a divorce in favor
  of one spouse if the other spouse is guilty of cruel treatment
  toward the complaining spouse of a nature that renders further
  living together insupportable. (6.002)
• ADULTERY.  The court may grant a divorce in favor
  of one spouse if the other spouse has committed adultery. (6.003)
• CONVICTION OF FELONY. (6.004)
• (a) The court may grant a divorce in favor of one spouse if during the marriage the other spouse:
• (1)  has been convicted of a felony;
• (2)  has been imprisoned for at least one year in the  state penitentiary, a federal penitentiary, or the penitentiary of another state;  and
• (3)  has not been pardoned.
• (b)  The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.
• ABANDONMENT.  The court may grant a divorce in favor of one spouse if the other spouse: (6.005)
• (1)  left the complaining spouse with the intention of
  abandonment;  and
• (2)  remained away for at least one year.
• LIVING APART.  The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years. (6.006)
• CONFINEMENT IN MENTAL HOSPITAL.  The court may grant a divorce in favor of one spouse if at the time the suit is filed: (6.007)
• (1)  the other spouse has been confined in a state mental hospital or private mental hospital, as defined in Section 571.003, Health and Code, in this state or another state for at least three years;  and
• (2)  it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.

So, there they are, the grounds for divorce: cruelty, adultery, conviction of a felony, abandonment, living apart, or confinement in a mental hospital. Additionally, Texas has a no-fault divorce law allowing for a divorce “if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation” (Texas Family Code 6.001). However, the court may consider faults when determining how to divide assets, so it is often recommended that the petitioner include faults in their petition, rather than seeking a no-fault divorce.

Frisco Sexual Harassment Law

Although there are laws in place protecting employees from sexual harassment, it is still not possible to prevent it altogether. There are usually many internal elements that are attributing to the harassment. It is important to note that what constitutes sexual harassment is basically vague since what one may consider as sexually harassing may not be considered as harassment by another.  However, if you feel uncomfortable because of an unwelcome act either directed towards you or to a coworker, you can always file a sexual harassment claim.

According to the EEOC or the US Equal Employment Opportunity Commission, any sexual advances either verbal or physical are considered sexual harassment if these acts are unwelcomed by the receiver. It can also be done by members of the same gender and the harasser does not necessarily have to be in a superior position over his or her victim.

Who can be affected?

Anyone can file a sexual harassment charge even if they are not the one being harassed. Any person who is offended by the nature of the act can file a complaint. Usually, this is an administrative case i.e. a case that the company will have to handle first but if it cannot be resolved within the workplace, the complainant can always file his or her complaint to the EEOC. Companies usually have the same policies for filing and handling sexual harassment complaints while some do not have any in place. EEOC says that charges should be filed within 180 days of the act or violation.

What are your rights?

It is interesting to note that very few people file a complaint for sexual harassment but one has to know one’s rights. Every person has the legal right to be in a workplace free from sexual harassment and also has the right to not receive retaliation from harasser either for firing a charge or testifying for the sake of the victim.

If you think you have been sexually harassed in the workplace, you should file charges with the EEOC. You would need to do this before you can file a lawsuit.

History of the Law

The term sexual harassment was first used in a report addressed to the president of MIT in the year 1973. However, the term has already been in circulation in earlier in the 70s among women’s groups in the State of Massachusetts. The law does not prohibit offhand comments or innocent teasing but these two acts can become illegal once they become frequent or severe that the victim finds the environment hostile. It is important to note that the person doing the harassment i.e. the harasser may not know he or she is harassing another individual. There are different behavioral classes under sexual harassment but according to Dzeich et al, the two broad classes of sexual harassment are public and private. Public harassers usually harass just about anyone while private harassers maintain a respectable image and only change their demeanor when they are with their target.

There are also predatory harassers, dominance harassers and territorial harassers. If you have been a victim of sexual harassment in the workplace, please consult your trusted Frisco attorney's to discuss your options. 

What is Medical Malpractice?

What is Medical Malpractice?

Common forms of medical malpractice include; administration of the wrong medicines, misdiagnosis, improper treatment and other misconduct. The person(s) who are held accountable in medical malpractice lawsuits are the technician, doctor and sometimes that hospital where the care was administered. Hospitals can be legally bound and responsible for the employees they employ, this also hold true for other industries. The judge will use this method to determine whether or not malpractice is apparent in the case;

• Would the injury not have accord in absence of negligence? 
• Was injury sustained by only the accused in control? 
• The plaintiff’s actions were not to blame for the injury? 

If all the answers are yes, negligence speaks for itself. The standards for medical care state that professionals in Medicare have a higher duty to perform their special ability. A patient trusts a doctors knowledge in his/her specialty to use his expert opinion for the patients best interest. When a patient can prove negligence on the doctor’s part, this is of course known as medical malpractice. If you fit all of the above questions please consult one of our trusted attorneys to evaluate your case and discuss options.

Medical Malpractice Bringing Down the Costs

Medicine remains one of the highest paid professions going into 2012. The medical field is still not without instability; doctors are now offering more services, seeing more patients with less time allowed for patient care. With the rise of risk also rises the cost of medical malpractice insurance. This raises the per-patient cost and forces doctors into the vicious cycle of having to see more patients in order to cover the costs. Less time is focused on maintaining the doctor patient relationship and more on “defensive medicine”.

Lowering Costs

There now has been recent developments that might reduce the cost and risk of medical malpractice lawsuits; Mediation. Recent studies have show both plaintiff and attorneys have accepted this route as an added benefit to all parties. Mediation shortens the litigation process and has an increased change of changing physician’s policies regarding patient safety. With this new trend in the legal process, risk and medical malpractice insurance will decrease and our doctors will ease the pressure on defensive medicine and go back to practicing patient relationships.

Learn more about medical malpractice from Frisco's leading medical malpractice attorneys.

Frisco Divorce: Choosing Parents

One of the most difficult aspects of divorce is when children have to choose a parent to stay with. Making the decision of picking a parent can make a child feel uncomfortable and sad to have to make a choice.

If possible, during a divorce, the parent should make the decision unless the child is old enough to make their own decisions. Depending on the situation, the child may have a say in the matter because they do feel that they have a better relationship with one parent.

Another matter to consider is keeping children together versus splitting them up. I think the question to ask would be how often will they see each other? And, again, what is the relationship like? Many technological advances have helped repair the fragmented relationship with one of the spouses, for example Readeo. Readeo is a step beyond Skype and video chatting, it offers a more engaging moments like story time. Also suited for military families and other long distant situations.

The problem with divorcing parents is that each case is different a requires a totally different set of rules. Every situation is unique and should be handled accordingly.

If you are seeking a Frisco, TX divorce attorney, the legal professionals at Thering McCarley Attorneys at Law are here to provide you with the best legal advice in Collin County.

Considering a Divorce? Read this First.

Divorce is now a common part of our culture. Close to half of all marriages end in divorce, a statistic that many people are unaware of. While this may come as a surprise to some, it is a reality of life. Sometimes relationships do not work out and if this is the case, you need legal counsel that can represent your best interests and the interests of your family.

Consider as many variables as you can. It is nearly impossible to predict all of the repercussions that a divorce can have on your quality of life. The effects can be far reaching and cause a ripple that may spill over into other facets of your life including job performance, friendships and especially relationships with your children. Many factors to consider in regards to your children are physical and legal custody. These laws differ in many states so please consult a trusted child custody attorney to go over the parental options.

Thering McCarley Attorneys at Law represent many Frisco, TX divorce cases and have the experience and compassion it takes to handle delicate divorce cases.