Recently passed HB 867 & 851 will put limits on the amounts individuals seeking to modify the amount of maintenance (aka "alimony") a former spouse will be able to get.

The new law, which takes effect on September 1, 2021, says that an individual "may not increase maintenance to an amount or duration that exceeds  the amount or remaining duration of the original maintenance order." (TFC 8.057(c)).  

The new law essentially makes it impossible to increase the amount of court-ordered maintenance in the future and makes it impossible to extent the period of the maintenance award.  
This is yet another example of how disfavored the concept of post-divorce payments to former spouses is in Texas.  Also, this change in the law should be carefully observed by parties who are contemplating contractual alimony and who may be considering a lesser amount in the hopes they can modify it to a higher amount in the future.  Do not believe anyone who tells you that you can always ask for more in the future.  This new law will prevent that.  What you agree to now ,in both amount and duration, will remain the most you can get through the Texas courts.

Also note that this new limitation applies regardless of whether the order was rendered before, on, or after September 1, 2021.

If you are involved in, or a thinking about, a League City divorce and you have any questions about spousal maintenance, please reach out to us. 

If you are finalizing your divorce soon, you'll want to pay attention!  HB 3772 has passed and has changed the law on final decrees of divorce in Texas. 

Starting September 1, 2021 there is an additional requirement that must be included in your final decree.  All final decrees in the State of Texas must now include the date of marriage.

Texas Family Code 6.712 states:
(a) In a suit for dissolution of a marriage in which the court grants a divorce, the court shall state the date of the marriage in the decree of divorce.

 However, this requirement is not required in the case of divorces of informal marriages ("common law marriages").  The new law provides:

(b) this section does not apply to a suit for dissolution of a marriage described by section 2.401(a)(2).

If you are experiencing a League City Divorce or need to consult with a League City attorney for any other family law related matter, feel free to reach out to us.

​-Sean

On Saturday,  July 10, 2021, the Galveston County Justice Center at 600 59th Street in Galveston, Texas experienced a small fire, which though contained to a small area, produced water damage in several Courts and other facility areas.

The latest update is that the repairs and renovations to the facility are expected to take a couple of months before the facilities are fully functional.

Beginning Monday, July 19, 2021, the District Courts and County Courts at Law will resume their court dockets.
 
The County Courts at Law will have exclusive use of the constitutional courtroom on the fourth floor to conduct daily court operations on designated days.
 
The District Courts will utilize the three unaffected courtrooms on the fourth floor on a rotating schedule.
  
All courts have agreed that criminal defendants are not required to appear in person until August 9, 2021.
 
The misdemeanor jail docket will continue to be held in the afternoons at 1:00 PM.
 
The family associate judge’s docket will resume on Monday, July 26, 2021 in the jury assembly room on the first floor of the Justice Center. 
 
The hearings for this past week and next week will be rescheduled by court coordinators.
 
All Justice Center jury trials are suspended until the week of September 27, 2021.

In this video, family law attorney Sean Palmer discusses pregnancy and divorce, and how you can get immediate temporary relief from the Court. For more information, see our handy infographic below the video!

The Palmer Law Firm
Serving the Greater Houston to Galveston areas
(832) 819-3529
thepalmerlawfirm.com
fb: @thepalmerlawfirm
t: @palmerlawfirm​

One of the most pervasive questions I get is whether a party can record conversations either in person or on the phone.  Here is a short breakdown of applicable laws and cases in Texas.

The General Rules:
No matter the form of communication, the general rule is - assuming you aren't doing it for an illegal reason (harassment, etc.) - if you are recording a communication between yourself and another person, and the other person knows you are recording it, you are probably alright in recording it.  If you are recording a conversation with another person who DOES NOT know you are recording it, you MAY (and I stress MAY) be ok to record it under certain circumstances.  BUT, if you secretly record a conversation between two other people without their knowledge, that is classic wiretapping and you most likely will get in very big trouble.
 
There are many exceptions and precautions to these general rules!

Summary of statute(s):
An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it, unless the person is doing so for the purpose of committing a criminal or tortious act. A person also can lawfully record electronic communications that are readily accessible to the general public. Tex. Penal Code Ann. § 16.02 (Vernon 2011).

In-person conversations:
The consent of at least one party to a conversation is required to record an “oral communication,” which is defined as “any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation.” Tex. Code Crim. Proc. Ann. art. 18.20. Thus, an ex-wife can record a conversation with her ex-husband at a Starbucks because she does not need consent to record conversations in public where there is no reasonable expectation of privacy.  However if she records the same conversation in the privacy of the home, where privacy is usually expected, then she should get the ex-spouses permission before recording or she may be breaking the law.

Electronic communications: 
Things can get VERY SERIOUS when recording electronic communications because Federal Wiretapping Laws may come into play.

The consent of at least one party to any telephone communication is required to record it. And because the provision of the statute dealing with wireless communications applies to “a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature,” consent likewise is required to disclose the contents of text messages sent between wireless devices. Id.  The burden will be on YOU to prove that you obtained informed consent prior to recording.  Either have the consent given verbally and plainly at the beginning of the recording and/or get it in writing.

Hidden cameras: 
It is a felony to photograph or record a person without the person’s consent in a public place “with the intent to arouse or gratify the sexual desire of any person,” or in a bathroom or private dressing room “with the intent to invade the privacy of the person, or arouse or gratify the sexual desire of any person,” and to disclose any images obtained by these means. Tex. Penal Code Ann. § 21.15.

 The law, however, does not criminalize the use of recording devices for other purposes in areas to which the public has access or there is no reasonable expectation of privacy (i.e., filming conversations on public streets or a hotel lobby). The state’s highest court for criminal cases recently held that the statutory prohibition on photographing or videotaping a person in public without that person’s consent with the intent to arouse or gratify a sexual desire did not implicate, much less violate, a defendant’s free-speech rights because the statute was not a regulation of speech or the contents of a visual image but rather a regulation of the photographer’s or videographer’s intent in creating the image. Ex parte Nyabwa, 366 S.W.3d 710 (Tex. Crim. App. 2012).

Criminal penalties:
Illegally recording an in-person conversation or electronic communication is a felony offense. Tex. Penal Code Ann. § 16.02.

Civil suits: 
Anyone whose wire, oral or electronic communication has been recorded or disclosed in violation of the law can bring a civil suit to recover $10,000 for each occurrence, actual damages in excess of $10,000, punitive damages, attorney’s fees and court costs. Under the statute, an aggrieved person also is entitled to an injunction prohibiting further unlawful interception or disclosure. Tex. Civ. Prac. & Rem. Code Ann. § 123.004.

Disclosing recordings: 
Not only can you get in serious trouble for illegally recording a communication, if you then show the illegal recordings to anyone, you may be breaking additional laws. Trying to get your attorney to listen to, watch or hold on to such illegal recordings counts.  And then if your attorney tries to use illegal recordings in court, you BOTH can be violating the law.

Disclosing the contents of a wire, oral or electronic communication obtained through illegal recording is a felony. Tex. Penal Code Ann. § 16.02

The bottom line
The bottom line is that if you plan to record conversations without informing everyone that you are recording them, then make sure you follow these guidelines:

1.  There are no circumstances when you can record a person for an illegal purpose such as to harass them or for sexual gratification.
2.  At least one party to the conversations needs to be aware they are being recorded;
3.  Do not record someone when they should reasonably expect privacy (such as in their home);
4.  If you have an illegal recording in your possession, do not try to show it to anyone.

It is best to consult with a lawyer before attempting to do any sort of fact gathering on your case. If you have any further questions about taping phone calls, recording conversations or taking videos in relation to your family law case in Texas you may schedule a consultation with an attorney on our website at  thepalmerlawfirm.com.

Domestic violence and abuse stems from a desire to gain and maintain power and control over an intimate partner. Abusive people believe they have the right to control and restrict their partners, and they may enjoy the feeling that exerting power gives them. They often believe their own feelings and needs should be the priority in their relationships, so they use abusive tactics to dismantle equality and make their partners feel less valuable and deserving of respect in the relationship.

No matter why it happens, abuse is not okay, and it’s never justified.

Abuse is a learned behavior. Sometimes people see it in their own families. Other times they learn it from friends or popular culture. However, abuse is a choice, and it’s not one that anyone has to make. Many people who experience abuse growing up decide not to use those negative and hurtful behaviors in their relationships. Additionally, drug or alcohol addiction can often escalate abuse, but these issues do not cause abuse.

Who Can Be in an Abusive Relationship?
Anyone can be abusive relationship, and anyone can be the victim of abuse. It happens regardless of gender, age, sexual orientation, race or economic background. If you are being abused by your partner, you may feel confused, afraid, angry and/or trapped. All of these emotions are normal responses to abuse. You might also blame yourself for what is happening, but you are never responsible for your partner’s abusive actions. Being abusive is a choice; it’s a strategic behavior the abusive person uses to create their desired power dynamic. Regardless of the circumstances of the relationship or the pasts of either partner, no one ever deserves to be abused.

Resources
If you need immediate help, dial 911. You may also call the National Domestic Violence Hotline at 1-800-787-3224. If you live in Harris or Galveston Counties and need help obtaining a protective order, divorce or any other family law assistance, you can get more information by calling The Palmer Law Firm at (832) 819-3529.

​The Palmer Law Firm
303 E. Main St., Suite 230
League City, Texas 77573
(832) 819-3529
thepalmerlawfirm.com
FB: @thepalmerlawfirm
twitter: @palmerlawfirm

Finding a divorce lawyer can be a daunting task. For many, divorce is their first experience with the legal system, aside from a traffic ticket or two. It can be tempting to look for a lawyer who markets himself as aggressive. Here are some reasons to think twice.

1. Aggressive does not mean effective
An aggressive attorney often makes few friends in the courthouse. The judges often have little patience for certain aggressive tactics, such as refusing to agree to a new hearing date. An effective attorney will compromise on procedural issues, realizing that a case is won or lost with arguments and facts, not tricks. You will also find that fighting over such procedural issues often does little more than waste money.

2. Aggressive attorneys have a harder time reaching settlements
You may think there is no way that you will settle with your current spouse. Statistics show otherwise; upwards of 90 percent of cases settle before trial. Settling a case is far cheaper than going to trial. Most attorneys charge a higher rate for trial hours, not to mention the extra cost due to preparation, additional hearings, and potential post-trial motions. Since an aggressive attorney will be less likely to compromise, you will have a harder time settling, running up costs that you have to pay. You may think that your spouse will ultimately have to pay your court fees, but typically, each party pays his own lawyer.

3. Aggressive attorneys are often not realistic
A good attorney will help you understand what the court is likely to consider in your case. He will explain the factors the court will consider in determining such things as child support, spousal support, visitation, and property division. In a typical divorce situation, one party will not get all the property, all the time with the children, or unending spousal support. An aggressive attorney may not give you a reasonable assessment of the likely outcome, leaving you unprepared for the final settlement or decree.

4. Aggressive attorneys make it more difficult to work with your ex in the future
Divorce cases are unlike most other court cases. In other civil or criminal matters, the parties likely never have to see one another, or work with one another, again. Unfortunately, in divorce cases, ongoing issues of child custody, visitation and debt issues often force the parties to continue to work together long after the final paperwork is signed. An aggressive attorney will encourage you to push for more instead of compromise, and it will make it more difficult to work together in the future.

The Palmer Law Firm
303 E. Main St., Suite 230
League City, Texas 77573
(832) 819-3529
thepalmerlawfirm.com
FB: @thepalmerlawfirm
twitter: @palmerlawfirm

This video is for educational or entertainment purposes only and is not intended as advertisement of services. Viewing of it does not create an attorney-client relationship. All legal matters should be discussed with a licensed attorney before you take any action. The Palmer Law Firm services the Houston-Galveston metro area of Texas only.
​
If you have any questions or comments about this video, please visit us at thepalmerlawfirm.com or leave a message below.​

In this video made last year during the first round of stimulus checks, attorney Sean Palmer discusses who will get check during the divorce. 

The Palmer Law Firm
303 E. Main St., Suite 230
League City, Texas 77573
(832) 819-3529
thepalmerlawfirm.com
FB: @thepalmerlawfirm
Twitter: @palmerlawfirm

In this video, Attorney Sean Palmer shares his top five tips for a successful negotiation of your divorce either through mediation or informal settlement.

The Palmer Law Firm
303 E. Main St., Suite 230
League City, Texas 77573
(832) 819-3529
thepalmerlawfirm.com
FB: @thepalmerlawfirm
Twitter: @palmerlawfirm

​If you have any questions or comments about this video, please visit us at thepalmerlawfirm.com.

This video is for educational or entertainment purposes only and is not intended as advertisement of services. Viewing of it does not create an attorney-client relationship. All legal matters should be discussed with a licensed attorney before you take any action. The Palmer Law Firm services the Houston-Galveston metro area of Texas only.

In today's discussion, Attorney Sean Palmer explains the dangers of using social media during divorce.

The Palmer Law Firm
303 E. Main St., Suite 230
League City, Texas 77573
(832) 819-3529
thepalmerlawfirm.com
@thepalmerlawfirm

When a husband and wife are facing the emotional and psychological turmoil of a divorce, a question inevitably comes up is whether the parties should seek an out-of-court settlement or would they be better off taking the matter to trial?  This is probably the most critical question you will face in your divorce, and there are pros and cons to each approach:

Letting the Judge Decide
If parties cannot (or will not) settle out of court, then the alternative is to let the family court decide.   A family judge is a county judge, but unlike district judges, they only deal with matters that fall under the Texas Family Code.  This judge is supposed to act with impartiality and without any preconceived ideas about your case until they have heard the evidence presented by each side.  Bringing a case to court has significant risks because you must convince a judge about every aspect of your case - from trying to get  custody of your children to who gets the lawn mower.  Most people have a skewed idea of what court is about; they think it is a stage in which they just have portray their spouse to be the worst human on Earth and therefore they should give everything to you, “the good guy." The fact is, such unfocused mud-slinging very rarely will sway a family judge one way or the other.  Parties really need to present their case in a way that will follow the strict rules of what can and can’t be said, and at the same time prove each point you present.  When you choose litigation, you are putting all your trust in your attorney that they will present the best case for you and the court system  will do the just thing. This may be the only option you have if settlement offers from your spouse are less than what is fair and equitable.  On the other hand, if a settlement offer is close enough to what you could reasonably get in court, then the high cost and risk may not be worth the trouble of taking it to court.

Communication is Key to Settlement
If you are one of the rare few spouses who maintain good communication and respect through the divorce process, then you may be able to settle matters on your own; perhaps you and your spouse may utilize your attorneys only in an administrative capacity to help make sure the legalities are done correctly.  However, in my experience, less than 1% of all divorce cases are resolved in this way.  Most couples lack communication and/or respect by the time they file for divorce, or they will lose this ability by the time the case reaches the negotiation phase.  For the other 99%, they lack the ability to communicate and cooperate.  Under these circumstances it may be nearly impossible to settle your issues and avoid court.  Fortunately, that does not mean all these couples are fated to have a contested trial to end their case. In Texas, there are a whole range of procedures to help couples who can’t communicate to nonetheless settle their case.  These procedures are called Alternative Dispute Resolution.  These are private meetings outside the court system which are designed to bring about a mutually agreed settlement.  In divorce cases, we most commonly use a process called mediation, but there are many other procedures such as settlement conferences, mini-trials, and arbitration that can be tailored to your case's needs.

Which is Right for Your Case?
I believe that each client is an individual with unique needs, and so each divorce case is also unique and will be successful or not depending on the attention to those special details.   If you are facing a divorce, you should begin to think about those details.  Depending on where you are in the emotional process, this may be hard. However, the earlier you begin to think strategically about your case, the better the outcome will be.  Ask yourself: What are your plans for the future?  Will you remarry?  Do you plan to have any more children?  Will you purchase a new house?  Will you start a new job?  Money is always an important issue when considering whether to go to trial or settle.  At the earliest stage, many people try to avoid attorneys altogether to save money.  What these people fail to understand about settlement and negotiation is that it will only work if both parties are negotiating from a position of strength. The only way for you to be able to have that strength is to hire a reputable, experienced attorney who is ready and able to take the case all the way- and win.  

​Attorney Sean Palmer gives an update on lawsuits against the company responsible for managing Texas's power grid. Also, it is National Love Your Pet Day and Attorney Palmer discusses what to do when you have beloved pets involved in your Texas Divorce.

Does where you propose marriage predict your likelihood of ending up divorced? The following locations are popular destinations for places to pop the question only to wind up in divorce court:

10.  Santorini, Greece
​2% end in divorce.

9.  Venice, Italy
3% end in in divorce.

8.  Russia
4% end in divorce.

7.  The Maldives
5% end in divorce.

6. Bodrum, Turkey
7% end in divorce.

5.  Vancouver
10% end in divorce.

4.  Wales
11% end in divorce.

3.  New York City
14% end in divorce.

2.  Iceland
18% end in divorce.

1.  Paris
23% end in divorce.
Source:  Forbes

In Summary
Marriage is a wonderful institution but it is a complex bond of finances, lifestyles, expectations, and many other aspects.  The location where you propose may or may not indicate your likelihood of getting a divorce. If you do decide divorce is the only option, you should get all the facts about the process before you begin it.  

​

For the first time since December 20, fewer than 10,000 Texans are hospitalized with COVID-19 according to the Texas Tribune.  However, the current number of 9,401 Texans hospitalized, and the emergence in Texas of new, highly contagious strains signals the grim reality that it will long time before things will return to normal.

As the COVID crisis lingers, it's effect on people's lives, especially those trying to manage children between two homes, grows increasingly burdensome.   For those who have family law disputes, the challenges are increasing as the COVID crisis lingers into its second year.  Here are the top three problems that our firm has experienced with our clients:

1. Job Loss Affecting Child Support Payments
One of the most obvious and direct impacts to daily life due to the COVID crisis is how it has hurt family income.  As more small businesses flounder and shut down, job losses in Texas are climbing steadily.  Separated and divorced parents are often already struggling to make ends meet, but as the COVID crisis endures, they will see savings dry up and soon existing child support payments may slow or stop. 

Courts in the Houston and Galveston areas remain sensitive to parents in this situation but are proceeding with child support enforcement case as normal.  They are issuing contempt orders as readily as before, and it is incumbent on the parent ordered to pay support to approach the Court early about having their child support obligation reduced if they are experiencing financial difficulty due to COVID related job loss or reduction in hours.  Failure by the payer to seek to have the previous order modified- even if temporarily - may result in contempt actions being brought by either the obligee or the Texas Attorney General.   And despite the understanding the Courts may grant the obligor in these extraordinary times,  it should be noted that the Courts have not abandoned the expectation that parents must supply evidence of their particular financial challenges or economic hardships.  It's recommended that parents seek legal counsel to assist them.  Many lawyers, such as our firm, offer affordable limited scope services to help in this situation.

2. Changes in Living Conditions
For many Texas families, the day to day physical living conditions and circumstances have been negatively impacted by the lingering COVID crisis.

In a recent divorce case, the father sought the immediate sale of the marital home where the mother and the two children were still living.  The father, an optometrist, claimed that the COVID crisis had reduced his income by half, and as the sole wage earner, he could no longer afford to pay the mortgage and costs for the couple's large home.  The mother counter-argued that the father chose to keep his practice closed longer than necessary and that COVID restrictions had been lifted.

The Court reviewed the larger financial situation of the couple and ordered the immediate sale of the home and temporary support payments for the mother for her to rent a smaller house.  The Court declared that "COVID-19 has at least temporarily ruined the financial prospects of both of these parties.  And neither of them is to blame."

3. In-person vs. Online Learning 
Many if not most Texas schools offer two options for children to attend school- traditional attendance at the school ("brick and mortar") or virtual learning using software and the internet ("online").  However, when parents do not agree on what is best for the children- as often happens during and after divorces- then disputes arise that often wind up in court.
​
In a different recent divorce case, a temporary order directed the mother would be the temporary primary caregiver of the children and the father would have weekend visitations through the divorce proceedings.  It also directed that the children should be taught virtually.  The mother, although not working herself and being supported financially by the husband, was not satisfied with the temporary order because she wanted the kids in school.  After the temporary hearing, the mother shut off her internet service- which she calculated she could do because it was not specifically prohibited by the Court.  Without internet access the kids could not attend school virtually.  The father was soon alerted to the situation and took the mother back to court.  At the emergency hearing the mother pressed to explain her actions and their impact on the children's education.  The mother "mostly deflec[ed]" and stated the children's educational needs were being met otherwise.  The Court ultimately ordered the mother to immediately provide internet and all necessary equipment for the children to attend school virtually.  The Court also admonished the mother that if she again attempted to thwart the order, then primary care would be given to the father. 

In Summary
The COVID crisis has been with us for over a year and it seems we have a long way to go before things return to normal.  The long length of this crisis is having trickle-down effects on separated and divorced families in many ways.  These result is an increase in conflicts where often the only resolution is to seek relief from the courts with the help of an experienced family law attorney. 

​If you have experienced any of these issues, or you if you think there are other issues that are more widely experienced that the ones we have listed, we invite your comments below.

Harris County District Clerk Marilyn Burgess has rolled out a pioneering electronic solution to process pleas in non-court settings. By establishing a virtual courtroom the judge, the prosecutor, the defense attorney, and the defendant are coordinating through electronic means to complete a judicial plea signed by all parties remotely.

Ms. Burgess’ IT team developed the system, called e-Plea, in collaboration with the District Attorney’s Office. E-Plea allows digital case documents to be sent through the District Clerk’s Office (DCO) electronic document management system so that attorneys and others involved in the case can review the documents and add their signatures, all of it while never leaving our website. E-Plea was first utilized on April 1 and was custom built for Harris County as one of the first digital plea processes from end to end in Texas to take place in a completely non-court setting. This tool works in support of the virtual hearing process piloted by the Honorable Judge Ramona Franklin, of the 338th Harris County District Court. One of the main goals of the virtual hearing is to help preserve social distancing during the coronavirus (COVID-19) pandemic.

“My administration is committed to delivering robust digital solutions for those we serve. E-Plea will help keep the wheels of justice moving during this crisis. The virtual hearing allows all parties to work remotely and safely. Together, these tools mean that the legal system can continue even in dire times. Instead of pressing pause on justice, we’re pushing forward and allowing all parties in a case to come together in a way that is safe, socially distant, and efficient,” says Ms. Burgess.

“Virtual remote jail e-pleas play a significant role in preserving the continuity of justice because it provides a safe way for jail pleas to be taken without subjecting defendants, attorneys, court staff and judges to come into contact with one another and possibly spreading COVID-19. 

The sequence for a virtual courtroom using the e-Plea process is as follows:
1. Prior to the hearing, the defense attorney can request a remote virtual “Defense Visit” with their client by setting an appointment with the Harris County Sheriff’s Office.
2. The DA prepares the documents electronically and files them with the District Clerk’s Office (DCO).
3. The DCO places the pleas on the Attorney Kiosk for Defense Attorney review with the defendant.
4. From a designated area in the jail, the defendant will see and read the electronically prepared plea papers and sign with a tablet computer provided by the bailiff.
5. The deputy district clerk will prepare the judgment for signature by the judge.
6. The day of the virtual hearing, the Sheriff will secure the fingerprint for the judgment.

When it is time for the hearing and judgment, the judge, prosecutor, defense attorney, and court staff meet safely and remotely via video conference. The defendant does not leave the jail.

Hopper notes that, beyond its use during the current crisis, “e-Plea will allow pleas to continue digitally and remotely if needed during future emergencies or under other special circumstances.” She added that the integration of data from e-Plea directly to the judgment will be a future enhancement of the e-Plea process. The integration will minimize data discrepancies and streamline our judgment process.

The DCO has also worked to extend the use of e-Plea to misdemeanor courts