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Getting a Handle on Divorce in Texas

Posted by on Dec 19, 2018

Divorce is different in every state, and knowing what to expect from your divorce when you’re in Texas is a big part of knowing whether it’s time to file and end your marriage. Understanding the laws in Texas is important not just for your peace of mind going forward, but also because you need to know whether you even qualify for a divorce. While America, in general, makes it fairly easy to file for divorce, there are limitations placed on the process, and you don’t want to go through the emotional strain of preparing for a divorce just to find out you aren’t legally able to pursue that divorce. In other words, you need to know what a Texas divorce entails, and how you fit into the system.

Thankfully, Houston-based Adams Law Firm has laid out a great FAQ that covers a lot of the basic questions people have when considering a divorce.

Let’s start with when you are legally able to file for divorce in Texas. To file in Texas, at least one spouse must have resided in Texas for the last six months, and within the county the divorce is being filed in for at least 90 days. In addition, Texas law requires the parties to wait at least 60 days before a divorce is finalized. That is true even if the whole divorce has been worked out and all points are already agreed.

As for the reason to file for divorce, Texas is a no-fault state, which means you don’t have to have any reason to file for divorce. You can still pursue a fault divorce for a variety of reasons, including cruelty, adultery, conviction of a felony, abandonment, confinement, and living apart, which can make it easier for you to take a larger share of the property division or child custody. Still, the most popular choice is the no-fault option.

In order to come to a decision that is as fair and amicable as possible in regards to property and custody, Texas courts encourage the divorcing couple to pursue mediation, in which an unbiased official helps you negotiate the difficult issues. Ideally, this leads to a resolution of all disputes in the divorce. Otherwise, the case will be argued out in court and a judge will make the final decision.

All that really remains, then, is to discuss how that property and custody is ideally divided up in the eyes of Texas law. Property is split equitably, not equally, depending on certain factors such as the behavior of the spouses and the length of the marriage. While you may receive a 50-5o split in assets, this is unlikely.

The focus of custody is always on what is best for the child or children. Sole custody allows one parent to make all the important legal decisions and live with the child, while joint custody involves the parents sharing both decision-making responsibilities and time with the child.

The Texas divorce system is both similar to other states and full of its own unique qualities. If you are considering a Texas divorce, use this article as a baseline, but you should also consider contacting a divorce lawyer in the area to answer more advanced questions.

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What You Can Do in the Event of a Workplace Injury

Posted by on Feb 8, 2018

Thankfully, I’ve avoided any significant injuries in my life, but the other day I was taking a shower and thought to myself, “Wouldn’t it be great if I had a legitimate excuse to never work again?” That’s when the thought popped into my head – a concept that I had heard before but didn’t know anything about. It seems like the old locker room joke after a minor injury at work is always, “Oh, you should file for workers’ comp.” But what even is workers’ compensation?

I started to look into who qualifies for workers’ compensation and what the benefits are. I couldn’t believe how serious some of these injuries were! Workers’ compensation is a big deal for people who get hurt. Workers routinely fall off buildings, get t-boned in an intersection while driving the company truck, and some of them are permanently injured. Workers’ compensation is there to help those people recover and live as healthy a life as possible, but it still seems tough. I was a little surprised to learn it can cover a bunch of living expenses, like medical bills after the injury, a living wage, and even food for your cat. Permanent compensation could last a lifetime, but don’t expect to get rich that way.

I think one of the worst injuries that qualify a person for workers’ compensation is what they call “injury due to repetitive motion.” I guess somebody is out there with a jackhammer, pounding concrete their whole life. Next thing you know, you have carpal tunnel syndrome, and you can’t even type or pick up a glass of chocolate milk. Yikes! I couldn’t live like that. No wonder there is a system in place to help people like that. Everyone loves chocolate milk!

Although it would be nice never to have to work and just make money, I’m happy I can still work. It feels good to be in control of my daily activities, and I would never sacrifice that opportunity for an injury. I don’t care how much you pay me. The men and women who sacrifice their health for a paycheck deserve to have a form of insurance if things go wrong on the job.

Unfortunately, I also learned that sometimes companies aren’t willing to pay their injured employees a fair amount of compensation. I’ve heard of horror stories where the company denies their worker was injured on the job. What is that all about? The money comes from the employer’s insurance company if I’m not mistaken. Don’t get me wrong; I’m not surprised that an insurance company would try to reduce the amount they owe an injured worker. But an employer? That’s just wrong.

Luckily for all those hard workers out there, law firms like McCutchen & Sexton are working hard to fight for people who have been injured. They even try to help people when workers’ compensation isn’t enough. I’m glad I live in a world where people are still interested and passionate about doing the right thing.

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Canadian birth horror story

Posted by on Oct 21, 2017

In a particularly gruesome story coming out of Canada, a woman from Halifax is suing a hospital, and five doctors in particular, after she lost all her limbs while in the process of giving birth to her child.

As bizarre as it is gruesome, the normally joyous occasion of a child’s birth was marred by the discovery of a flesh-eating bacteria, all due to what is being alleged to be an act that may be considered medical negligence.

The woman, Lindsey Hubley, contracted a flesh-eating bacteria within days of giving birth to her child, and the result has left her a quadriplegic amputee. She also had a hysterectomy.

The cause of the bacteria, Hubley alleges, was a piece of placenta that was not removed during the birth of her child. Not only is the hospital potentially culpable on this issue, but other mistakes were also made in the following days. All of which meant, after the bacteria was discovered, that it was too late to save her limbs.

The discovery was delayed, however, because Hubley was misdiagnosed when she first brought attention to early symptoms. Doctors told her she had constipation and sent her home.

Her lawyer, Ray Wagner, alleges that the situation was preventable at least in part and perhaps in entirety if the doctors had been more thorough in their work. “Our allegations are that had she been properly assessed when she presented at the hospital … a substantial part of the damage, if not all of it, could have been prevented,” Wagner told CBCNews.

Hubley is the latest case of medical negligence in Canada, but her story is by far not the only one. In fact, Canada has a large number of medical negligence lawyers, just as America does, and for the same reason. Many cases present themselves regularly across the border.

While Hubley’s story is sad, it still has a relatively happy ending. Though Hubley spent the first seven months of her child’s life in a hospital, her health has been improving. Her husband says she is positive and in good spirits.

“She’s incredibly positive,” he said. “She has an outlook that this process has taken her arms and her legs, but it’s not going to take her happiness.”

Hubley’s trials are not over yet. She still requires a kidney transplant, and she will also require rehab. Her fiance, meanwhile, has been unable to work since their child was born. Nonetheless, the new family remains hopeful about the future.

Hubley, according to Wager, is “lucky to be alive,” and she seems to have found happiness in recognizing that fact for herself.

Hubley’s case is not unique, and if you or someone you know is being mistreated by doctors or a hospital be sure to speak up early and to speak up loudly.

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