Do you have assets and your spouse wants a divorce? Are you a doctor, lawyer, accountant or a professinal?

When San Antonio professionals such as doctors, accountants, lawyers, architects, engineers, entrepreneurs, millionaires and others with multiple assets are going through a divorce, they contact The Baez Law Firm. We have represented many professionals during their divorce successfully.

Mr. Baez has not only gone through divorce himself, he is also an entrepreneur, professional and understands the law. The Neil v. Neil case and its implications on marital assets is paramount for a successful representation of the professional. Spouses need to be aware of the law on this issue.

This Super Lawyer is ready to fight for the rights of other professionals. We fight for the professinal since we believe that the doctor, lawyer, accountant etc, needs to keep his or her assets, in order to provide for the community as a whole.

Have a divorce case in Texas that needs to be litigated and your spouse is going to fight you for everything that you have worked hard for? Give us a call. If your spouse has an attorney, you should have a Super Law Firm represent you!

Contract Cases Fare Better Than Torts Claims in Texas Appeals

Given the nature of tort reform laws in Texas, it is not surprising to find that cases on appeal related to contract disputes fared much better than cases based on tort claims.  During the Sept. 2010 to Aug. 2011 time frame, Texas Courts of Appeal reversed almost half of the lower court’s judgments based on tort claims (49%) versus a reversal rate of only one third (32%) in contract disputes.

Although this may seem like a fairly small variance, it is actually more significant than it appears at first blush. Due to enactment of Texas’ tort reform laws, the total number of tort claims has dropped significantly, as plaintiff’s counsel now choose to take more compelling cases to court. The Office of Court Administration in Texas has reported a 12% drop in the number of “injury or damage” cases filed from 2002 to 2010. So even the “better” tort claims have even odds of being reversed on appeal.

In summary, creditors should take extra pains to obtain signed agreements documenting the terms of the deal and should include a contract-based claim whenever possible. 

By: Cynthia W. Veidt

 

Source: Liberato & Rutter, “Reasons for Reversal in the Texas Courts of Appeal,” 48 Hous. L. Rev. 993 (2012).

How Does the Texas Standard Possession Schedule Handle Summer Vacations?

Under the Texas Standard Possession Schedule, distance affects the number of days of each parent’s possession during the child’s summer vacations. 

When the parents reside within 100 miles of each other, the possessory conservator (the one with whom the child does not primarily reside) has up to 30 days of possession during the summer months.  Under the default rule, the possessory conservator will have possession of the child beginning at 6:00 p.m. on July 1st until 6:00 p.m. on July 31st. 

If the parents live more than 100 miles apart, however, the possessory conservator is entitled to have possession for up to 42 days during the summer months.  Unless otherwise provided, the possessory conservator will have possession of the child beginning at 6:00 p.m. on June 14th until 6:00 p.m. on July 27th. 

By:  Cynthia W. Veidt and Erin Zeiss

What is the Texas Standard “Weekend Possession” Schedule in Texas?

Texas has adopted statutes which set out guidelines for a “Standard Possession Schedule” of a child by each parent.  A typical possession order determines which parent has the right to possess the child on a particular weekend.

In general, under Texas guidelines, a possessory conservator who resides 100 miles or less from the other conservator (with whom the child primarily resides) can do the following:

- have possession on weekends throughout the year beginning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday; and

- have possession on Thursdays of each week during the regular school term beginning at 6:00 p.m. and ending at 8:00 p.m., as long as the court finds that visitation in the best interest of the child.

In cases where the parents reside over 100 miles apart, the possessory conservator can either:

- have the same weekend possession schedule as a parent who lives within 100 miles, or

- can designate one weekend (which could begin on the second or fourth Friday) per month, so long as s/he does so at least 14 days in advance.  This provides the possessory parent a little more flexibility, but somewhat less possession time. 

Also, when residing more than 100 miles apart, the possessory parent no longer receives an overnight visit during the week (usually on Thursdays), but instead is entitled to have possession of the child during every spring break vacation.

By:  Cynthia W. Veidt and Erin Zeiss.

What is the registered office?

The address listed for the Registered Agent is referred to as the “registered office.”  The registered office need not be a place of business for the entity.  Generally speaking, the registered agent must be capable of being served at the registered office.  For organizations serving as the registered agent, Texas law states explicitly that there must be an employee on hand during normal business hours in order to receive any process, notice or demand that is sent to the organization.  While the statute does not impose the same explicit requirements on a person serving as the registered agent, Texas law nevertheless imposes a general requirement that the registered office be a “street address where process may be personally served on the registered agent” (See Texas Business Organizations Code Section 5.201(c)(1)).

Post by Iain A. Berry, Attorney

Who can serve as my registered agent? What if I don’t have a registered agent or fail to keep my registered agent up to date?

A person can be a registered agent if they are a resident of Texas and have consented to be a registered agent. This can include any person who is an employee, officer or owner of the business, but it may be any third party that has agreed to serve as the registered agent.  An organization may be a registered agent if they are authorized to do business in Texas, and have similarly consented to be the registered agent.  In fact, there are companies whose entire business is to serve as the registered agent for various entities.  Failure to secure the consent of the person or entity being listed as the registered agent may constitute the filing of a false instrument and may open the entity who filed the instrument, and any person who directed or signed the document up to potential civil liability and criminal charges, so it is vitally important to obtain a signed written consent of the registered agent and it is advisable for the entity to file this document among the entity’s corporate books/papers.

Failure to maintain a registered agent for an entity is a serious matter and can have dire consequences for a business.  Under Texas law, when an entity fails to appoint a registered agent in the state (or fails to maintain a registered agent at the registered office), the person seeking to serve a lawsuit or other notice on the entity is then entitled to serve that process or notice on the Secretary of State in place of that registered agent.  By serving the secretary of state, that lawsuit or other notice has been deemed to be served on the entity itself, regardless of whether the entity actually is made aware of the lawsuit or notice.  This means that a lawsuit may filed and served on an entity and a judgment taken against the entity potentially without the entity ever actually knowing about it.


By Iain Berry