What Is the Timeline for an Uncontested Texas Divorce?

Divorce is a complex topic. Even if you and your spouse have come to a mutual agreement to end your marriage, there can still be a whirlwind of strong emotions and many logistical aspects of the split to work out. Most couples in this situation would prefer to get the legal process for the divorce completed as rapidly as possible so they can focus on moving forward with their lives.

Uncontested divorces are the simplest and quickest divorces. However, they still require some patience and are not suitable for all couples, particularly if they disagree upon any issues related to the divorce. A helpful Texas divorce attorney can explain what you need to know about seeking an uncontested divorce and how long it can take.

What Are the Requirements for Getting Divorced in Texas?

Before beginning the divorce process, it is critical to understand the rules surrounding your eligibility to file a divorce petition. Your residency status and the reason for your divorce can directly impact how long it takes to finalize.

To get divorced in Texas, you must fulfill the two following conditions.

Meet Residency Requirements

To file for a divorce in the state of Texas, at least one spouse must be a legal resident for a minimum of six months. Additionally, they must have lived in the county where the divorce is being filed for at least 90 days before the petition. You will likely have to wait to file your petition if you do not meet these requirements. However, there may be exceptions for domestic violence and other emergency situations. If you believe you or your children are in danger, do not hesitate to contact a knowledgeable lawyer or law enforcement for assistance.

Provide Grounds for the Divorce

Texas law has options for filing for divorce under no-fault or fault-based grounds, depending on the circumstances surrounding the dissolution of the marriage. However, if you file using fault-based grounds, the divorce will not be considered uncontested because you must provide proof to the court of your spouse’s actions, and they will have an opportunity to respond to these claims.

Due to these steps and the often contentious nature of fault-based divorces, they usually take much longer to finalize than a divorce filed on no-fault grounds.

The Texas Family Code, Section 6 outlines the seven legally recognized grounds for divorce within the state:

  • Insupportability: This represents the only type of no-fault divorce in Texas. It may be used by couples whose irreconcilable personality conflicts or ongoing marital discord have made it impossible to continue their marriage.
  • Cruelty: A spouse can seek a divorce if their marriage partner has engaged in cruel acts, including domestic violence, verbal abuse, or threats that have caused a reasonable fear of violent actions.
  • Adultery: If one spouse engages in relations outside of their marriage, the other spouse may seek a divorce.
  • Conviction of felony: If one spouse was convicted of a felony, has served at least a year in a penitentiary, and has not been pardoned, the court may grant a divorce.
  • Abandonment: This may apply if a spouse has intentionally abandoned the other for at least a year.
  • Living apart: A couple may apply for a divorce if they have not cohabitated for at least three years.
  • Confinement in mental hospital: If one spouse has been confined to a state hospital for a minimum of three years for mental issues, the other spouse may seek divorce.

What is an Uncontested Divorce?

The Texas Family Code does not use the terms “contested” and “uncontested” to refer to divorces. However, these monikers are often used informally to differentiate between divorces where couples agree on all aspects of the divorce (uncontested divorce) and situations where the court must decide certain issues because the divorcing couple cannot come to an accord (contested divorce).

Topics that a couple must be able to agree upon to file an uncontested divorce include:

  • Division of property
  • Child custody and parenting schedules
  • Child support
  • Spousal support, if applicable

How Long Before an Uncontested Divorce Can Be Finalized in Texas?

Even couples who split amicably and can agree on every issue surrounding their divorce will be subject to a 60-day waiting period after they submit their petition to the court. This mandatory waiting period allows both parties to cool off and consider their choices. A final hearing can be scheduled with the court once the 60 days have passed. The court’s caseload can affect how long it takes beyond the 60-day waiting period to get your divorce finalized.

You will present your divorce agreement to the judge at the hearing for approval. A Texas divorce is only final once the judge signs the divorce decree and you file it with the court clerk. If you can get an immediate hearing, it could theoretically take as little as 61 days to complete your uncontested divorce. Realistically, it may be up to 90 days or more before you can schedule your final hearing. However, this timeline is still significantly faster than for a contested divorce, which can require several hearings and sometimes take years.

How Can an Experienced Lawyer Help You Complete Your Divorce More Efficiently?

While it is possible to file an uncontested divorce on your own, any mistakes or omissions in the agreement or filing process could delay the completion of your divorce. An experienced divorce attorney from the Law Offices of S. Dylan Pearcy can provide the knowledge you need to streamline your uncontested divorce proceedings. We can also assist if you and your spouse are still working toward a mutual agreement on challenging topics, such as child support or property division. By mediating these critical issues before filing your petition, you not only decrease the time and cost it takes to finalize your divorce, but you also retain control of these crucial decisions instead of leaving them in the hands of a judge. Contact our firm today at 210-953-7486 to request a consultation.

What Actions Can You Take to Improve the Probability of Winning Child Custody in Texas?

Divorces involving children can be incredibly stressful and heart-wrenching for parents. Unless you can reach a parenting agreement with your former spouse, your case will likely be decided by a judge following court hearings. Whether you are seeking joint or sole physical or legal conservatorship, obtaining your desired outcome in a child custody battle requires careful planning by you and your legal team. An experienced Texas child custody lawyer can outline five key steps you can take right now that may help set you up for success in your custody case.

Make Your Child Your Main Focus

Custody fights can cause significant upheaval for you and your child. It is crucial for you to be there for your children both emotionally and physically during this challenging time. The judge in your custody case will base their ruling on what they believe is in the child’s best interests. Maintaining a close bond with your child is important if you wish to win custody. You can show that you are focused on your role as a parent by being an active, supportive presence in their life.

The court can also sometimes consider the child’s wishes as part of their determination. If the breakup with your child’s other parent has damaged your parent-child relationship, it may be necessary to take steps to repair it, such as family counseling or therapy. However, do not attempt to coach your child into making any statements in favor of you or against the other parent.

Be cautious with new romantic relationships and avoid introducing a new partner to your children until your custody case is resolved. If your custody fight is part of a divorce, the court generally does not approve of new romances and many judges believe exposing a child to new relationships can be emotionally harmful and confusing. You also do not want to be accused of neglecting your child’s needs in favor of pursuing a new partner.

Keep Detailed Documentation

Records play a crucial role in child custody proceedings. Without thorough recordkeeping, a case can quickly devolve into a “he said, she said” argument that can portray both parents in a poor light. Documenting daily interactions with your children, such as providing transportation, attending activities, organizing outings, and handling other parenting responsibilities, can support your claims that you are a capable parent. You should also note instances where the other parent was late, canceled planned activities, or was unreliable or inflexible. Keep relevant texts, emails, and voice messages in a secure location so they are available if needed.

Having concrete examples of both parents’ involvement paints a clearer picture of their parenting styles and the effect they may have on their children’s lives. Documentation also protects you against false allegations from the other parent. If you are being subjected to unfounded accusations from your ex about the environment you are providing for your child, you may choose to request an in-home evaluation by a court-appointed evaluator. By asking for an evaluation before it is required, you are showing initiative and allowing yourself to prepare for a successful assessment.

Be a Responsible Parent

Judges in child custody proceedings will look closely at the parenting skills, lifestyle, and living situations of each parent when making their ruling. You should ensure you provide your child with the most nurturing, secure, and welcoming environment possible.

It is essential to avoid providing any fuel for allegations that you are an irresponsible or unfit parent. Examples of actions that could be detrimental to your custody battle include, but are not limited to:

  • Reckless or illegal behavior
  • Excessive drinking or drinking in the presence of your children
  • Recreational drug use
  • Having a history of domestic violence or excessive disciplinary force
  • Allowing your children to engage in activities that are inappropriate for their age
  • Leaving your children unsupervised
  • Failing to implement or enforce suitable rules and consequences for a child’s improper actions
  • Not fulfilling your parental duties to provide adequate food, shelter, or clothing
  • Posting questionable photos or content to a social media account

Attempt to Find Common Ground With the Other Parent

Ideally, both parents or their lawyers will work together to create a parenting plan that is in their child’s best interests. A negotiated agreement is often more beneficial than a court-ordered arrangement. Unfortunately, this type of cooperation may prove impossible, depending on the nature of the case. However, it is vital to always take the high road when dealing with your ex regarding your children. The court takes a dim view of parents who bad-mouth the other parent in front of their children or attempt to disrupt the parent-child relationship in any way.

If court proceedings become necessary, never underestimate the power of a good impression. Maintaining respectful, professional, and calm communication, even in the face of outrageous behavior, can demonstrate to the court that you are a responsible parent who is attempting to do what is best for your child. Coupled with evidence that you tried to find workable parenting solutions with your ex, your actions can create a favorable perception of your intentions.

Create a Plan for Custody

Hoping for the best during custody proceedings is not enough. You should be proactive and create a detailed parenting plan that outlines your ideal outcome.

Showing the court exactly how you will provide exceptional care for your child is much more impactful than simply saying you would be the best choice. Your lawyer can help you draft a thorough parenting plan that can be submitted to the court as part of your case.

How Can an Experienced Lawyer Assist With Your Child Custody Case?

While you are trying to be strong and supportive for your child during this tumultuous time, it’s crucial to have a compassionate advocate on your side who can guide you through the often difficult process of obtaining custody. Our skilled legal team at the Law Offices of S. Dylan Pearcy will assist you with every aspect of the custody process and aid you in avoiding common pitfalls that may harm your case. We may be able to help you negotiate an out-of-court parenting agreement and will vigorously represent your interests in court if necessary. Contact our San Antonio law firm today at 210-953-7486 to schedule a free case evaluation and learn how we can put our knowledge to work for you.

What Are the Legal, Financial, and Social Consequences of Failing to Pay Child Support in Texas?

Texas has strict laws regarding delinquent child support payments. Some parents who are facing financial challenges may consider not paying their child support obligations or may be entirely unable to do so. Unfortunately, it does not matter whether you intentionally withhold payment or are struggling with a financial crisis; if you do not pay your child support, you could face serious ramifications.

If you are having trouble paying your child support, reach out to a Texas family law attorney as soon as possible to discuss your options for modifying your support order. Without prompt action, you could risk significant consequences. Here are ten things you should know about failing to pay your child support in Texas:

You Could Be Arrested for Not Paying Child Support

Failing to pay your child support can result in serious legal issues. A child support order is a court order which means you could be held in contempt of court for nonpayment and may face serious jail time and large monetary fines as punishment. Alternatively, if you intentionally or knowingly fail to pay support for a minor child, you could potentially face a state felony charge of criminal nonsupport.

Keep in mind that just because you are incarcerated, it does not mean that your child support obligations are put on hold. You must request a modification to your child support if you are in jail and cannot make payments. Otherwise, your delinquent payments will continue to increase.

Your Wages Could Be Garnished

In an attempt to collect your child support, the state can file an income withholding order (IWO) with your employer. Similar to how taxes are withheld, your child support payment will be deducted from your paycheck before you receive it. By law, the employer must remit the amount stated in the IWO to the child support office every pay period. An IWO can lead to garnishment of up to half your wages.

Your Name and Photo Could Be Posted on a Public List

The Texas Attorney General’s Office has a Child Support Evaders Program to identify and apprehend individuals who are at least $5,000 delinquent in making payments and have a warrant out for their arrest. As part of this program, the AG maintains a website of evaders with their name, photo, and amount of back child support owed. The public is encouraged to provide tips leading to the arrest of these individuals.

Your Driver’s License and Other State Licenses Could Be Suspended

The Texas Family Code allows the state to suspend your licenses if you are in arrears on your child support. Not only could you lose your driving privileges, but you may also lose your fishing, hunting, concealed weapon, professional, and other licenses. Even if you get caught up on your child support, you will need to go through the process of getting your licenses reinstated, which may involve fees or exams.

Liens May Be Placed on Your Assets

If you have outstanding child support payments, liens may be placed against your property. A lien is essentially a notice that you owe unpaid debts. If you wish to sell or cash out your assets, you must clear the lien by paying the debt before the property transfer can occur. Liens can be placed on all types of assets, from homes and vehicles to bank accounts and retirement funds.

You May Not Receive Money You Were Expecting

The Texas Attorney General can intercept funds you were anticipating, such as tax refunds, lottery winnings, inheritances, or personal injury settlements, and redirect them to pay your delinquent child support. They do not have to warn you prior to taking this action.

Your Credit Score Could Decrease

Failure to make child support payments will be reported to the major credit bureaus. This information will likely result in a drop in your credit scores, making it harder to get loans, find housing, and open credit cards.

You May Be Unable to Get a Passport

Child support debt of more than $2,500 could make you ineligible for a US passport. Without a valid passport, you cannot travel internationally for trips or business.

You Cannot Expect Unpaid Child Support to Disappear

Some people believe that if they wait until their child is no longer a minor, their child support responsibilities will evaporate. However, that is not the case. The state can continue to seek repayment of your child support and will charge you interest on your late payments.

You Will Not Lose the Right to See Your Child

While there are many consequences to not paying child support, losing the right to spend time with your child is not one of them. The state believes that every child needs the love and guidance of both parents. For this reason, child support and visitation rights are separate issues. The other parent cannot deny your right to see your child, even if you are behind on child support. If they attempt to limit your time with your child due to unpaid support, contact a family law attorney immediately to learn about your legal options.

How Can a Texas Attorney Assist You if You Are Having Trouble Paying Your Child Support?

If you are facing financial difficulties and cannot pay your child support, it is crucial to take prompt action to prevent the situation from getting out of control and negatively impacting your life. A knowledgeable child support lawyer can evaluate your circumstances and help you request a modification to lower your payments. Credits may also be available that could reduce any amount you already owe.

Until you are able to get your support order modified, it is crucial to pay whatever amount you can afford toward your child support. Even if it is not the full amount, it shows that you are making a good-faith effort to stay current on your payments. This action can prevent legal difficulties and lessens the amount of arrears you must repay later. To learn how the Law Offices of S. Dylan Pearcy can help you find a long-term solution to your difficulties, contact us today to schedule a free case evaluation: 210-953-7486.

Do I Have to Sign the Divorce Papers in Texas?

A common question we receive from individuals served with a divorce petition is whether they have to sign the papers presented to them. While you are not legally required to sign these papers, it is vital to understand what your refusal to sign them does and does not do in terms of the divorce process. An experienced Texas divorce lawyer can explain what happens if you do not sign the divorce papers and the significant impact it can have on your legal rights.

What Topics Must Be Addressed in Every Texas Divorce?

A divorce legally ends your marriage and allows you to remarry in the future, but other issues are also covered by your divorce agreement, including:

  • The division of assets and debts accrued during the marriage, including real estate, retirement accounts, investments, businesses, vehicles, intellectual property, and more.
  • Custody, visitation schedules, and child support agreements if you have minor children.
  • Spousal support payments, also known as alimony.
  • Name changes if a spouse wishes to return to her maiden name.
  • Other orders and agreements that may apply to your situation.

What Will Occur if I Refuse to Sign the Divorce Papers?

Because Texas is a “no-fault” divorce state, your refusal to sign divorce papers does not prevent your spouse from getting a divorce. The court will grant a divorce as long as one individual in the marriage files the proper paperwork and cites an inability to fix the relationship. However, refusing to sign the papers can strip you of your ability to play a role in the divorce proceedings.

If you do not sign the papers or file a counter-petition by the deadline, the court will make a default judgment in your case as long as your spouse can prove that they provided you with the proper opportunity to respond to the divorce petition. In a default judgment, the court grants the requests contained within your ex’s petition, and you will have no say in the outcome. The court views your refusal to respond to the divorce as an implicit agreement to the outlined terms.

What Are the Advantages of Participating in the Divorce Process?

While some couples split on reasonably good terms, the end of a marriage can be painful and bitter for others. Some people find it difficult to involve themselves in the legal aspects of their divorce, but this can cost them dearly. Even if you are unhappy with the divorce or disagree with your ex’s terms, it is always best to participate in the process because it protects your legal rights.

Many options exist for working through your divorce, including mediation, negotiation, counter-petitions, and trial.

Navigating a divorce can be intimidating, but you do not have to handle it on your own. A knowledgeable divorce lawyer can provide the trustworthy legal advice you need and provide a buffer between you and your former spouse if needed. Divorce lawyers thoroughly understand Texas state law and are experienced negotiators who can help work out challenging aspects of your split to make your experience as streamlined as possible.

How Do I Protect My Ability to Have a Say in My Divorce?

You must respond to your spouse’s divorce petition to maintain your right to participate in the divorce proceedings. You should respond by the specified deadline in the paperwork you were served with, which tells the court that you are aware of the divorce and participating in the proceedings. You can also file a counter-petition containing your own terms for the divorce. Then the negotiation or mediation process can start.

While you can take these steps alone, having a skilled lawyer on your side can be beneficial. Consulting a lawyer is highly recommended if there are potentially complicating factors in your case, including, but not limited to:

  • Serving in the military.
  • Possessing high-value assets.
  • Living out of state.
  • Having special needs children.
  • Being in a same-sex marriage.
  • Going through bankruptcy.

What if I Feel Threatened by My Spouse and Have Concerns About Participating in the Divorce?

Divorces are difficult, even if the split is amicable. In cases where there has been violent behavior or abuse, it can get much more challenging. Sometimes, if a spouse has suffered domestic violence, they may be afraid to participate at all in the divorce process due to a fear of angering their former spouse or because they are afraid of having to confront them again. Ignoring the proceedings and letting the court decide everything may seem simpler and safer.

However, this approach can have serious long-term financial and emotional consequences. Your abusive spouse may get full custody or an unfair share of assets if you do not get involved in the divorce process. Our compassionate divorce lawyers understand the complexities of leaving an abusive relationship. We will always put your safety first and will fight on your behalf to ensure your legal rights are upheld throughout the divorce.

Why Choose Our Law Firm?

At the Law Offices of S. Dylan Pearcy, we have the knowledge and experience to help you through all aspects of your divorce. We provide a free, confidential case evaluation where you can ask questions and learn about your next steps. Contact us today to schedule an appointment and discover how we can assist you: 210-953-7486.

What is a Personal Injury?

Accidents can happen in a variety of circumstances. While they may not always result in harm to those involved, there’s always the potential for serious damage to the victim’s body, mental health, or reputation. When an accident leading to injury occurs due to negligence or intentional actions by another person or entity, the victim has grounds to bring a personal injury lawsuit against the at-fault party. Personal injury claims allow injured individuals to recoup both economic and non-economic losses they’ve experienced as a result of the incident. The damages a plaintiff may recover in a civil case include lost wages, medical expenses, pain and suffering, and more.

If you or a loved one have suffered a personal injury, a knowledgeable Texas personal injury lawyer can evaluate your case and determine whether you are eligible to file a claim against the responsible party. Contact the Law Offices of S. Dylan Pearcy today to schedule a free consultation to discuss your situation and learn about your legal rights.

What Are the Ten Most Commonly Experienced Personal Injuries?

Unfortunately, there are multiple ways a personal injury can occur. Even seemingly minor accidents can lead to nagging injuries, missed work, and medical expenses. It is always recommended to seek a medical evaluation after any accident, no matter how small, to ensure you get the care you need to heal properly. It also creates a record of your injuries that can be vital if you need to file a legal claim in the future.

Ten common personal injuries that may lead to legal action include the following:

Motor Vehicle Accidents

Every year, an estimated five to six million vehicle crashes occur in the U.S. Not all of these collisions lead to severe injuries or fatalities, but many do, making vehicular accidents one of the top causes of personal injuries. Cars aren’t the only vehicles that can be involved in a wreck. Truck, motorcycle, bus, rideshare, and commercial vehicle accidents also account for many serious injuries.

Medical Malpractice

When seeking treatment from a medical professional, you trust that they will provide a high standard of care. However, medical practitioners can sometimes be negligent in their actions, and these errors can cause severe and lasting harm to patients. Common examples of medical malpractice include medication mistakes, surgical errors, birth injuries, and failures to properly diagnose or treat conditions.

Slip and Falls

Whether the accident is caused by a slippery sidewalk or a cluttered walkway, falling on another person’s property can lead to significant injuries. Falls may lead to traumatic brain injuries, broken bones, and neck and spine damage. Property owners can be held liable if they do not maintain the safety of their property or warn visitors of dangers.

Product Liability Injuries

Manufacturers and sellers of products are responsible for keeping consumers safe from dangerous items. Unfortunately, defective products that injure users are not uncommon. Because strict liability is applied to these cases, a manufacturer can be held responsible for the harm done by their defective product, even if they did not intend to cause damage and tried to make a safe item.

Workplace Injuries

Worker’s compensation claims are frequent among employees injured while on the job. If a third party, such as a contractor or vendor, is involved in the accident, the injured worker may be able to bring a personal injury lawsuit against the negligent party.

Dog Bites

While dogs can be beloved pets, they can also cause serious damage if they attack, especially if the victim is a child. Dog bites are notorious for becoming infected and require immediate treatment.

Victims can suffer nerve damage, scarring, and long-lasting PTSD after an animal attack. Owners can often be held liable for the actions of their animals, although the exact laws vary from state to state.

Catastrophic Injuries

Many types of accidents can lead to catastrophic injuries. The effects of these kinds of injuries are anticipated to last for an extended time or even permanently. Catastrophic injuries usually result in an inability to maintain employment. Due to the severity of the damage experienced by the victim and the long-term impacts on their life, it is vital they seek full compensation that covers all anticipated expenses and treatment costs.

Premises Liability Injuries

Property owners owe a duty of care to customers and other visitors to their property. If their property has defects or is dangerous and a visitor suffers harm, they may be subject to a civil lawsuit for damages. Common premises liability incidents include falls, injuries from collapsing structures or falling items, and physical assaults due to a lack of proper security.

Nursing Home Neglect or Abuse

Older individuals may move into a nursing home when they require assistance with their daily tasks. While these places are supposed to be safe, caring environments, sometimes employees may cause injuries to residents through substandard care or abusive behaviors. Family members of victims should remain vigilant for signs of neglect or abuse towards their loved ones and seek explanations for anything that appears unusual.

Wrongful Death

Sadly, all of the previously listed accidents can potentially result in the untimely death of a loved one. Although nothing can undo the loss of a family member, surviving relatives can pursue a civil suit to recover damages from the negligent parties who caused the accident.

Taking legal action ensures that they do not face a financial catastrophe on top of the tremendous emotional losses they are experiencing. Wrongful death lawsuits allow close family members or the decedent’s estate to recover costs for funeral and burial expenses, medical bills, and the loss of support and companionship caused by the individual’s passing.

How Can a Law Firm Assist if You or a Loved One Have Suffered a Personal Injury?

A personal injury can come as a shock and turn your entire life upside down. You may be uncertain of what steps to take next. If you’ve been hurt in an accident caused by someone else’s negligence, our legal team at the Law Offices of S. Dylan Pearcy can provide the skilled legal guidance and compassionate assistance you need to move forward with confidence. Contact our firm today at (210) 953-7486 for a free, no-obligation case evaluation.

Can You File an Insurance Claim or Lawsuit if You Do Not Have a Police Report?

If you have been in a car accident, your insurance company will likely require you to inform them of your accident within a specific time frame, but in most cases, a police report is not necessary to file a claim. Similarly, lawsuits must be filed within the state’s statute of limitations, but a police report is not a prerequisite for filing.

That being said, it can take much longer to resolve claims that do not have a report, and you may face more challenges in recovering full compensation for your losses. An experienced Texas car accident attorney can explain the value and limitations of a police report and your legal options if you do not have one following a crash.

When Must You Contact the Police About a Crash?

In many states, minor car accidents do not have to be reported to the local authorities. However, each state has its own laws regarding when you must file a report, so it is important to know the local guidelines to avoid any potential legal issues. In Texas, a crash generally must be reported if it results in one of the following:

  • Property damage to a vehicle that impacts the ability to drive vehicle safely and normally
  • Injury to a person
  • A fatality

If you do not report an accident that meets one or more of these criteria, you could face charges that may result in hefty fines or jail time. Even if you are not required by law to file a police report, you can still voluntarily choose to contact the police about an accident of any severity. But be aware that they may not dispatch an officer to document a minor incident. In this case, you can fill out a crash report form to ensure that there is a record of the details of your accident. You have ten days to file a crash report, but completing it as soon as possible while the circumstances of the accident are fresh in your mind is usually best.

What Are the Risks of Not Filing a Police Report?

The time following an accident can be chaotic. Your judgment will likely be clouded, and you may be experiencing shock due to what just occurred. Many car accident injuries, including traumatic brain injuries (TBIs) and whiplash, are not immediately evident to victims. At this time, you may believe that the crash was minor and decide not to call the police. However, you run the risk of realizing later that you require expensive medical treatment. In another common scenario, your mechanic may uncover extensive vehicle damage that was not obvious at the time of the accident.

Unfortunately, the accident scene no longer exists at this point, and law enforcement cannot investigate the crash and make a police report. Without their report, proving what occurred and recovering damages from the responsible party can be much more challenging. You will then need to rely on your documentation of the accident to support your claims, but if the other side refutes your claims, it may come down to your word against theirs.

The police report is useful because it documents key facts about the incident and the officer’s opinions on what occurred and who may have been at fault. While it can be used to back up your claims during settlement negotiations, keep in mind that the report might not be admissible if your lawsuit goes to trial. This is due to the fact that police reports are considered third-party accounts under the law because the police officer was usually not a first-hand witness to the accident, and their assignment of liability is based on their opinion.

How Can You Support Your Version of Events Without a Police Report?

Even if you do not have a police report, your car accident attorney still has many ways to validate your version of events. The following are typical methods used to demonstrate civil liability in a crash without a police report:

Photographic and Video Evidence

Following any car accident, even when the police are on the scene, it is crucial to thoroughly document the accident site and your injuries. The photos and videos you take after the crash can provide vital information about what happened.

If you cannot safely photograph the accident scene due to injury, get a trusted friend, family member, or witness to do it for you. Your lawyer will also attempt to recover video from nearby surveillance or traffic cameras that may show the crash.

Eyewitness Accounts

Try to get names and contact info from anyone who witnessed the accident or stopped to help. Their testimony can help corroborate your claims. While eyewitnesses may not always be 100% reliable, it can be compelling if several people are relaying the same basic story.

Medical Records

Insurance companies may try to argue that your injuries were pre-existing or were not caused by the accident to avoid paying compensation.

To protect yourself, you should always get a prompt medical examination after any car accident, even a minor one. This action ties your injuries to the crash and creates a record of treatment.

Accident Recreations

Professional accident recreationists can use witness statements, accident scene photos, vehicle damage, and other information to determine how an accident occurred. These experts can apply their knowledge to your case and present their findings to the court.

How Can a Car Accident Lawyer Help You?

The absence of a police report does not entirely derail your insurance claim or personal injury lawsuit. However, if you are seeking compensation without the support a police report provides, it is vital to seek strong legal representation to give yourself the best possible chance at a full recovery. Contact the Law Offices of S. Dylan Pearcy today for a free consultation with a knowledgeable car accident attorney: 210-686-4878.

No one likes to think about the possibility of experiencing severe injuries that could permanently limit their ability to function. Unfortunately, it is a risk that everyone faces, and it is estimated by some that over 375,000 Americans become totally disabled every year. From work accidents to car crashes, there are many ways for a victim to develop a permanent disability. If you or a loved one have long-lasting injuries after an accident, a knowledgeable personal injury lawyer can explain your legal options for recovery, so you and your family can regain your financial stability.

How is a Permanent Disability Defined?

Almost all types of injuries can disrupt a victim’s life, and some can even cause painful physical issues for many years. So what differentiates a permanent disability from other kinds of injuries? The diagnosis of a permanent disability mainly hinges on how it impacts your capability to maintain employment.

The legal definition of a permanent disability is a mental or physical condition caused by an accident or serious illness that negatively impacts an individual’s ability to perform the tasks necessary to remain gainfully employed. The condition causing the permanent disability may not necessarily be life-long, but it must be expected by medical professionals to last for an indefinite period without the probability of improvement.

What Injuries Are Commonly Considered Permanently Disabling?

A permanently disabling injury will leave a victim with lasting impairment to an essential aspect of their daily functioning, even after they have been treated and given time to reach their maximum medical improvement. These injuries can be physical but may also include damage to a victim’s cognitive abilities or emotional regulation. While there are a wide variety of injuries that can lead to permanent disability, some of the most common include:

  • Traumatic brain injuries (TBIs)
  • Amputation of a limb or loss of limb function
  • Loss of a sense, such as sight or hearing
  • Spinal injuries leading to paraplegia or quadriplegia
  • Post-traumatic stress disorder (PTSD)
  • Widespread scarring from wounds or burns
  • Organ damage or failure
  • Nerve damage
  • Respiratory or cardiovascular disease

How Do Permanent Disabilities Occur?

Some individuals are born with permanent disabilities, but many others experience them after a preventable accident. Some potential causes of permanent disabilities are:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Workplace injuries
  • Slips and falls
  • Dog bites
  • Medical malpractice
  • Birth injuries
  • Defective product injuries, such as faulty medical devices
  • Construction accidents
  • Fires and explosions
  • Violent crime and assaults

What Compensation Can You Seek if an Accident Caused Your Permanent Disability?

It is difficult to overstate the profound impact a permanent disability can have on your life. You are likely facing immense costs for your medical treatment and ongoing care. In addition to the physical and mental challenges of recovery, the financial stressors can feel frightening and overwhelming. The stakes are high in personal injury claims that involve a permanent disability because your family’s financial future may be in jeopardy due to your severe, long-lasting injuries that prevent you from working.

One of the vital responsibilities of your lawyer is carefully valuing your claim based on your current and future losses. A skilled Texas personal injury lawyer will consider economic and non-economic damages when calculating a fair settlement for your claim.

Economic Damages

Economic damages account for the monetary losses you’ve suffered from your accident, which may include:

  • Current medical expenses and hospital bills.
  • Lost wages
  • Loss of future earning capacity due to your inability to work.
  • Counseling expenses.
  • Physical therapy and rehabilitation bills.
  • Prescription medication expenses.
  • Costs for ongoing medical care.
  • In-home services or nursing expenses.
  • Accessibility upgrades to your home and vehicles.

Non-Economic Damages

Unfortunately, the impact of a permanent disability goes far beyond your finances. You may find yourself experiencing a frustrating loss of independence, and your quality of life may be diminished by limited mobility, sensory deprivation, or traumatic flashbacks related to the accident. Chronic pain is also prevalent for those with permanent disabilities and can make daily life challenging. Non-economic damages attempt to place a monetary value on these non-financial losses, including:

  • Pain and suffering.
  • Mental anguish.
  • Scarring and disfigurement.
  • Loss of consortium (the deprivation of companionship, support, services, and familial relations that a spouse experiences when their loved one is severely injured).

Punitive Damages

Although it is relatively uncommon, Texas courts can award punitive damages in personal injury cases where they believe that the defendant acted with malice or gross negligence.

Punitive damages are meant to penalize or punish an offender for their egregious actions. In cases where the injuries are permanently disabling, the court may consider punitive damages if the defendant’s acts were intentional or showed a reckless disregard for the safety of others.

How Can a Personal Injury Lawyer Help if You’ve Suffered a Permanent Disability?

It can be a major blow emotionally and financially to go from being a healthy adult to suddenly being unable to work and support yourself or your family. It can be difficult to know what to do next, and it may be tempting to accept any settlement the insurance company offers to begin paying off your massive medical debts. However, it is crucial to ensure you receive the compensation you deserve. Accepting a lowball insurance settlement may put you in danger of future financial challenges and prevent you from seeking further compensation for your injuries.

To protect your legal rights for financial recovery, you should consult a trusted personal injury lawyer before signing any settlement agreement for your permanent disability. Contact our law firm today to schedule a free case evaluation and learn how we can assist you with your claim.

Does 50/50 Custody Eliminate Child Support Payments?

Going through a divorce when you have children is legally complicated and often emotionally challenging. There are many factors to consider, such as who will make choices regarding the child’s schooling and medical needs, where the child will live, and who will pay child support and how much.

Some individuals may push for a 50/50 custody agreement because they believe it will negate the need for child support since each parent has equal time with the child. An experienced Texas family law attorney can explain why this is not necessarily true. If you have concerns about child support or other aspects of a conservatorship for your child in Texas, our skilled lawyers can assist you in negotiating a custody plan that fits your unique family situation and needs.

What is a 50/50 Custody Schedule?

Texas law refers to child custody as conservatorship. Typically, both parents will be named as joint managing conservators of their child by the court unless there is a compelling reason why one parent should have sole conservatorship. Under joint conservatorship, both parents have the right to make certain important decisions for the child and will share in parenting duties.

However, even in a joint managing conservatorship, one parent is usually given the right to determine where their child should live. This parent is known as the custodial parent. The custodial parent usually has physical custody of the child for more time than the other parent.

In a 50/50 custody schedule, both parents get equal physical custody of their child. The logistics of such an agreement can be complicated, however, and courts are sometimes hesitant to allow 50/50 custody unless it can be shown to be in the child’s best interests.

How is Child Support Determined in Texas?

Many believe that child support is tied to the amount of time the child spends with each parent. But according to the guidelines set forth in the Texas Family Code § 153.138 (2022), the court is actually not limited by the child custody agreement when ordering one or both parents to pay child support. Instead, the court usually calculates child support based on state guidelines and considers the child’s needs and best interests.

A 50/50 custody agreement can easily end up with one parent still paying child support if that parent has more income than the other. When one parent has a higher income, it’s not unusual for a Court to expect them to provide more resources toward the financial needs of their child.

However, these are just general guidelines, and the court has the discretion to make adjustments based on the specific situation and needs of the child. A skilled Texas child support lawyer can assist you in negotiating a child support agreement that is beneficial to all parties involved. You also have the right to petition the court if you believe the amount of child support has been calculated incorrectly or unfairly.

When Should You Opt for a 50/50 Custody Arrangement?

If the elimination of child support is not a guaranteed outcome of a 50/50 custody agreement, are there circumstances that would still warrant this type of structured custody? It all depends on your co-parenting goals. For some parents, it is incredibly important to have equal time with their children and share equal responsibility in all parenting tasks.

The challenge of a 50/50 custody agreement is ensuring that the child has a stable environment and can get into a routine even while frequently switching between each parent. Creating stability can be hard to manage, but some parents achieve it by living close together or even having one home where the children stay while the parents come in and out on a schedule.

Just be aware that 50/50 custody may not be the best choice for everyone because it generally involves close communication, flexibility in your schedule, and an amicable relationship with your ex. Our child custody lawyers can help you evaluate your goals and determine a realistic custody arrangement that meets your needs.

Does the Court Have to Be Involved in Child Support Decisions?

If you are not comfortable placing the determination of your child support into the hands of the court, you have other options. You are within your legal rights to negotiate with the other parent and draft or modify your own child support agreement. This written agreement must then be presented to the court for approval.

The court will generally approve a negotiated agreement as long as it is deemed to be in the child’s best interests. If the court has issues with your child support agreement, you may be asked to submit a revised agreement, or else the court may render its own order. A knowledgeable family law attorney can help make this process easier and ensure that you reach the best possible outcome in your case.

Child support is a significant concern for many parents when setting up their custody agreements. Getting it right and finding an arrangement that works for you and your child is crucial. Contact our helpful child custody lawyers today to schedule an initial case evaluation.

The breaking up of a family unit is often painful and challenging. However, divorce proceedings do not necessarily have to be complicated, lengthy, or involve a lot of time in court. If you and your spouse meet all the requirements for an uncontested divorce and you can agree on all issues, you can potentially avoid the need to have a judge determine your case, which can save you time and money.

Read on to learn more about the conditions which must be met for an uncontested divorce in Texas. Even if you believe that you meet these requirements, discussing your divorce with an experienced family law attorney who can draft official documents and help you in case of any unforeseen difficulties is highly recommended.

What Are the Residency Requirements for an Uncontested Divorce?

To file for any divorce in Texas, you must be a state resident for at least six months before beginning the process. You must also be a resident of the county where you are filing the divorce for at least 90 days.

For those in military families, you may file for a Texas divorce if Texas has been your or your spouse’s home state for at least six months and the county in which you are filing has been your or your spouse’s home county for at least 90 days. If Texas is your home state, but you have been living with your military spouse in another location while they are stationed there, it still counts as time spent in Texas.

Do You Have to Provide a Reason for Your Texas Divorce?

As in all states, you must provide the court with an explanation for why you want a divorce. Depending on their situation, Texas allows individuals to file for either an “at-fault” or “no-fault” divorce.

If you petition the court for a divorce based on the harmful actions of your spouse, it is considered an at-fault divorce because you are placing the blame for the marriage’s failure on your partner. Texas state statutes list six acceptable grounds for an at-fault divorce:

  • Cruelty
  • Adultery
  • Conviction of felony
  • Abandonment
  • Living apart
  • Confinement in a mental hospital

In most cases, uncontested divorces are no-fault divorces that do not place blame on either party. Instead, a spouse can choose to end their marriage based on the grounds of “insupportability.” This means they are unable to continue the marriage due to incompatibility and do not see any way of reconciling their differences.

Does Your Situation Qualify for Uncontested Divorce Proceedings?

Uncontested divorces can offer couples with simple cases an easy way to dissolve their marriage without heavy involvement from the court. There are typically two situations where an uncontested divorce can occur:

  • Both individuals agree on every aspect of the divorce: If you and your spouse can reach an agreement on everything, including child custody, child support, alimony, distribution of shared property and assets, and other applicable decisions, then you can file for an uncontested divorce. Your agreements must be written into a Final Decree of Divorce, both parties sign, and the divorce agreement presented to the court (in most cases) at a short hearing.
  • One party does not participate in the divorce proceedings: If your spouse does not respond when served with official divorce papers and does not appear in court, the divorce can be considered uncontested by default because they are not exercising their right to have input on the proceedings.

Remember that if either of you has a disagreement about any part of the divorce that cannot be resolved, the divorce is considered contested, and you must go through the legal process to work out those differences.

Is There a Waiting Period for Texas Divorces?

Once you file your Original Petition of Divorce, you must wait 60 days before finalizing your divorce. You can choose to wait longer than 60 days, but this is the minimum amount of time that must elapse before you can finish the proceedings. This waiting period will be enforced except in some cases where a spouse has been convicted of violence against the other spouse or family member or if there is a protective order against the spouse for violent behavior.

Some other situations may affect your ability to file for divorce. For example, if either party in the marriage is pregnant, the divorce cannot be finished until after the birth of the child. If you are uncertain about the timeline for your divorce, contact a knowledgeable Texas divorce attorney to discuss the specifics of your case.

Do You Need a Lawyer if You Are Planning to Get an Uncontested Divorce?

Hiring a lawyer for an uncontested divorce may seem counterintuitive, but it can actually be in your best interests. Even if you and your spouse can agree on all the details of your divorce, you still have to draft that information into an official document and present it to the court. Most people do not have experience writing these documents (which can easily end up being dozens of pages in length), and it can be easy to forget important information.

There’s also the possibility that you may run into disagreements with your spouse about aspects of the divorce, such as child custody or splitting assets. Discussions can become heated in this emotional situation. A skilled Texas divorce lawyer can help you work through these issues to reach an amicable solution and finalize your divorce as quickly as possible, so you can move on with your life.

Rockport Truck Accident Lawyer Standing Up for Clients Hurt in a Truck Accident

Truck accidents can cause significantly more damage than accidents involving passenger vehicles. A collision between an automobile and a commercial truck can lead to life-altering injuries and fatalities due to the sheer size and mass of a fully loaded truck and trailer. Yet, in spite of numerous safety regulations, trucking companies may sometimes choose to focus on profits and cut corners, creating a dangerous situation for truck drivers and other people using the roadway. Learn your rights as a truck accident victim and see why working with a Rockport truck accident lawyer may be the best choice for your case.

What Should I Do at the Scene of a Truck Accident?

It goes without saying that the first thing you should do if you were involved in a truck accident is to get medical help right away for any serious injuries. If you are not seriously hurt, take pictures and video of the scene of the accident, especially if the vehicles are blocking traffic and need to be moved. Only move the vehicles if absolutely necessary or when told to do so by law enforcement.

If an officer is dispatched to the scene of the accident, try to obtain a copy of the police report. You will also want to write down information about the truck driver and the trucking company that they work for, including the name of the business and home office address and phone number, and any insurance information, if available. If anyone witnessed the accident, you might also want to obtain their contact information. Finally, contact a Rockport truck accident lawyer as soon as possible so you can initiate your claim.

When Is the Trucking Company Liable After a Truck Accident?

Truck accidents are not only potentially more catastrophic but also significantly more complex to investigate. It is not uncommon for a truck accident to involve multiple at-fault parties, which could mean you may end up filing a claim not just with the truck driver’s insurance, but also with the trucking company and even the company responsible for loading and securing the cargo the truck was carrying.

When the accident investigation uncovers reasons that point to the trucking company as being liable for the accident, you may likely have to file an insurance claim with the insurance carrier that provides business insurance coverage for that company. Some of the reasons that may make a trucking company liable for your accident could include improper maintenance of their fleet, failure to require drivers to maintain updated driving logs, and unsafe company policies that force drivers to forgo mandatory rests just to make deliveries on time because they fear losing their jobs.

An experienced truck accident attorney can conduct an independent investigation to help determine which parties are mostly at fault for your accident and advise you on the best course of action.

Is It True That Trucks Have a Black Box?

Another unique aspect of a truck accident is the type of evidence that may be available to help you and your attorney reconstruct what happened in the moments leading up to the accident. Some commercial trucks are equipped with a piece of equipment called EDR (event data recorder) or ECM (electronic control module), sometimes informally referred to as a ‘black box.’

The EDR works in a similar fashion to the black box of an airplane, recording important data about the truck’s operation. The data an EDR records varies depending on the year the truck was manufactured. More modern trucks may be equipped with EDRs that record the truck’s drive time, GPS location, engine diagnostics, driving speeds, and even sudden or harsh braking incidents. Recovering data from the truck’s EDR is fundamental for a truck accident victim to build their case, and for that reason, trucking companies may be hesitant to provide access to the EDR data of a truck. A skilled truck accident attorney will know the steps necessary to collect important evidence – such as the EDR data – to help pinpoint what happened in the moments leading to the accident and who may have been responsible for it.

Can I Sue if I Was Hurt by a Truck in a Jackknife Accident?

A jackknife accident is a dangerous accident in which a truck and its trailer fold at a 90-degree angle. Sometimes the trailer pushes the towing part of the truck because the truck’s axles have locked due to improper braking; other times, the trailer tires lock up while the tractor continues moving, which makes the back end of the trailer swing sideways. Either type of jackknife accident can leave a path of destruction along the way and cause a serious collision.

While a lot of jackknife accidents are caused by the truck driver – due to lack of training, distracted or fatigued driving, improper braking or speeding, for example –the simple fact that the truck jackknifed does not automatically mean the truck driver is at fault. Poor weather conditions, potholes on the roadway, and improperly secured cargo can all lead to jackknife accidents. Sometimes, a truck driver may be forced to jackknife their truck in order to avoid a more serious accident. In order to initiate a lawsuit to recover compensation for injuries sustained after a jackknife accident, your attorney will need to conduct an investigation to find out exactly what happened and who was at fault for your accident.

What Should I Do if I Am Being Pressured to Accept a Low Settlement Offer?

If you are dealing directly with the at-fault party’s insurance company, you may quickly discover that they will go to great lengths to protect their profits and close your claim as quickly and cheaply as possible. A common tactic they may try to use is to come up with a low settlement offer shortly after your claim is filed and then pressure you into thinking you are obliged to accept it.

For starters, there is no law requiring you to accept an offer from the insurance company when the amount they offered is too low and does not cover all your losses. If you turn down their offer, they are simply required to come up with a new offer. In addition, it is never a good idea to accept an offer from an insurance company without discussing it with your attorney first. You may also choose to have your attorney handle all insurance phone calls and letters on your behalf – that way, you can rest assured your case is being handled in a professional manner, and you won’t have to worry about falling for the usual pressure tactics some insurance companies may try to use.

When Should I Hire a Rockport Truck Accident Lawyer?

Many truck accident victims have been unable to work due to their injuries, and they worry about being able to afford a truck accident attorney. However, they may quickly discover that trying to handle their claim without the help of an experienced professional is an overwhelming experience, and the chances of receiving the compensation amount they really deserve are very slim. It is incredibly more difficult to get trucking companies to cooperate and provide access to important pieces of evidence – such as EDR data – and insurance companies may try to get away with denying a valid claim or paying you as little as possible.

At the Law Offices of S. Dylan Pearcy, Attorney S. Dylan Pearcy and his legal team are very familiar with the process of fighting for fair compensation for their clients after a truck accident. Even if your case does not end up going to trial, simply relying on the knowledge and skills of a law firm such as the Law Offices of S. Dylan Pearcy is enough to get all parties to take you seriously and be more willing to cooperate in order to avoid the expense and hassle of a court trial. If you have been hurt in a truck accident in or near Rockport, TX, contact the Law Offices of S. Dylan Pearcy at (361) 203-7097 to see how we can help you get the compensation you deserve.