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Who, What, When, Where, and Why?

There are literally thousands of laws at work in Texas and as many questions for each. Here are just a few of the most frequently asked.

DIVORCE FAQS

Does one spouse have to prove fault on the part of the other spouse to obtain a divorce?

No. Texas is a no-fault divorce state. The Court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship. However, fault issues such as adultery and cruelty are factors that can be considered in dividing marital property or deciding to whom custody is awarded.

Must I reside in Texas to file for divorce in Texas?

Not necessarily. A suit for divorce may not be maintained in Texas unless the Petitioner (spouse initiating the divorce) or the Respondent (other spouse) has been:

  • A domiciliary of the State of Texas for the preceding six-month period; and
  • A resident of the county in which the suit is filed for the preceding 90-day period.

For more information, please see our document about the 22 Divorce Mistakes That Could Cost You A Fortune and Affect Your DivorcePDF icon.

BUSINESS/CORPORATE LAW FAQS

What type of entities may be used to conduct business in Texas?

There are a number of entities that are recognized in Texas under which a person may conduct business. The four (4) most common forms of business enterprises are a sole proprietorship, a general partnership, a corporation, and a limited liability company.

Why should an individual contact an attorney about starting a business?

Because there are different types of business organizations and many government regulations and guidelines. An experienced business/corporate law attorney can explain the relative advantages and disadvantages of doing business, including important tax and legal consequences of each.

REAL ESTATE LAW FAQS

What is the difference between a deed and a deed of trust?

A deed is a written document that evidences the intent of an owner of an interest in real property ("grantor") to convey all or part of that interest to another ("grantee").

A deed of trust is a conveyance of real property in trust to a third party, as named trustee, to hold the property for the creditor's benefit as security for the payment of a debt created in the transfer of real property. It is the functional equivalent of a mortgage containing a power of sale.

What is a real estate closing?

Generally the term "closing" refers to the time when the parties to a real estate sale meet in the office of an attorney, title company, or real estate broker to execute the necessary instruments and paperwork to effect the transfer of title to the purchaser and to disburse the proceeds of the sale to the seller.

PERSONAL INJURY LAW FAQS

Is there a maximum period of time within which I must file a lawsuit to recover damages for personal injuries and damages to property sustained as a result of an automobile accident?

Yes. As a general rule a lawsuit must be filed within two (2) years from the date of the accident.

If the driver of the vehicle that cause the accident does not have liability insurance and I have uninsured/underinsured insurance on my vehicle may I pursue my insurance carrier for my personal injuries?

Yes. In order to recover under the uninsured clause of the policy the insured must be legally entitled to recover from the uninsured motorist; the injury sustained must be caused by the accident; and the injury must arise out of the ownership, maintenance, or use of such uninsured vehicle.