Posted on July 15, 2024 in Divorce

Every day in 2021, 6,113 victims were served by family violence resources across the state of Texas. Unfortunately, there are not enough resources to go around, with more than 1,122 requests for shelter and housing going unmet each day. These numbers are overwhelming, yet it is estimated that only 10-25 percent of survivors of family violence will access services. Family violence can be extremely harmful to all those involved. In some cases, a spouse may have been a victim of domestic abuse for so long that they are afraid to file for divorce.

Abusers often tell their victims that if they try to leave, they will find them and kill them. A spouse who has been physically and emotionally abused for many months or years has every reason to believe this statement and little reason to disbelieve it. If you believe that divorce is the best option for you and your children, it is important to speak to a Dallas family law attorney from Law Office of Michelle Poblenz, who has been handling complex and difficult divorces for many years.

Continue Reading ››

 Posted on July 02, 2024 in Property Division

Divorce can be a complex process, especially when it comes to dividing assets. One of the most significant and often overlooked assets in a divorce is retirement savings.  A Texas lawyer can help you understand how retirement accounts are divided during a divorce to protect your financial future.

Texas Considers Retirement a Community Property

In Texas, retirement benefits accrued during the marriage are considered community property. This means that regardless of whose name is on the account, both spouses have a right to a portion of the retirement benefits earned during the marriage.

However, it is important to note that not all retirement funds are automatically split 50/50. The court considers several factors when dividing retirement assets:

• Date of marriage: Only the portion of retirement funds acquired during the marriage is subject to division.
• Separate property contributions: Any contributions made to retirement accounts before the marriage or after separation are typically considered separate property.

Continue Reading ››

 Posted on June 12, 2024 in Child Custody

No divorce is easy, but divorce between parents can be particularly complicated because it does not only affect the two spouses. In addition to all the other aspects of divorce that need to be decided, like spousal support, division of assets, and retirement funds, divorcing parents also need to work out which parent will have which responsibilities for the children and under what circumstances. While the state of Texas generally prefers some type of joint custody arrangement whenever possible, there are certain scenarios where it is beneficial to the child to be under the sole care of only one parent. If you are headed toward a divorce and want to pursue sole custody, speak with an experienced Tarrant County, TX family law attorney who can help you navigate the process.

What Exactly Is Custody?

There is a bit of confusion surrounding the topic of custody because different states use different terms to mean various aspects of a parenting arrangement. In the state of Texas, custody comprises two sub-categories:

Continue Reading ››

 Posted on June 05, 2024 in Family Law

There are many reasons why someone might consider adoption. In some cases, people might feel they have been waiting too long to find the right person to start a family with, and they believe they can give a parentless child a loving home even without a spouse. In other cases, fertility issues and pregnancy loss might make a couple consider adopting a child. Sometimes, a parent gets married after their child with someone else was born, and that stepparent might want to officially and legally establish their relationship with the child. This article will explain the scenarios in which a child can be adopted in Texas. If you are considering this, speak with an experienced Dallas, TX adoption lawyer who can help you navigate the process.

When Can Adoption Happen in Texas?

There are four main scenarios in which a child can be adopted by someone who is not their biological parent. These scenarios are:

Continue Reading ››

 Posted on May 25, 2024 in Criminal Law

Police who suspect someone of possessing illegal drugs are not free to simply search for the evidence they need whenever they want to. They need a search warrant to do so, which needs to be approved by a judge, and for that to happen they first need to demonstrate that they have probable cause. However, there are some exceptions, and your car might be legally searched at a traffic stop depending on the circumstances. Many people are not aware of that and might have what could be considered evidence against them in their car, not realizing it could be searched. If your car was searched during a traffic stop and the police found sufficient evidence to arrest you, speak with a passionate Texas criminal defense lawyer about getting the evidence suppressed.

Probable Cause Vs. Reasonable Suspicion

Before they can search you, your home, or your property, the police need to demonstrate that they have probable cause to suspect that a crime was committed or was going to be committed. Certain extenuating circumstances might provide an exception. If the police suspect you of possessing illegal drugs, they can claim concern that any evidence against you would be destroyed, removed, hidden, or otherwise disappear if you are driving a car and they cannot immediately search it. That means that if the police claim probable cause, they can search your car and your trunk without needing a search warrant.

Continue Reading ››

 Posted on May 09, 2024 in Divorce

Breakups are hard. You might be heartbroken knowing that your happily ever after is not as close as you once thought. When a marriage breaks up, it can feel even more devastating. At one time, you and your spouse were convinced that you were meant to be, you planned a wedding, you got married in front of friends and loved ones, and you embarked on a life together. If you were both working, you may have accumulated some assets along the way. If you are considering divorce, there are some steps you should take before the process officially begins that can help your outcome. You might be feeling sad and disappointed, but the stakes are too high to lead with your heart instead of your brain. Speak with an experienced Dallas, TX divorce lawyer who can explain your options and advise you on how best to move forward.

Step 1: Gather Relevant Financial Documents

You can not figure out what sort of divorce settlement you want until you know what your marital estate contains. You need to know if your spouse has amassed any debt or obtained any assets during your marriage that might be divided among the two of you. It is a good idea to begin collecting bank account statements, tax documentation, titles to a car, deeds to property, paystubs, investment portfolios, and any other financial records and keeping these organized so you can access them if needed.

Continue Reading ››

 Posted on April 25, 2024 in DWI

Getting caught driving while intoxicated (DWI) in Texas can mean heavy fines, driver’s license suspension, and/or prison time. In some cases, a judge will order the defendant’s car to be outfitted with a breathalyzer, otherwise known as an ignition interlock device.

This article will discuss what an ignition interlock device is and when it becomes mandatory. If you have been charged with a DWI, contact a Texas criminal defense attorney as soon as possible so you can begin setting up your defense.

What is an Ignition Interlock Device?

As technology evolves, so does the criminal justice system. Some states will adopt a certain technology if it can help prevent further crimes. One of these technologies is the ignition interlock device (IID), which Texas law requires in some DWI cases.

Continue Reading ››

 Posted on April 09, 2024 in Criminal Law

The purpose of probation is to give a second chance to people who have been charged with committing a crime. Also referred to as “community supervision,” probation involves programs and restrictions designed to help a person remain part of society and avoid incarceration. Not all crimes are eligible for probation.

Probation rules in Texas can be very different depending on whether the defendant committed a misdemeanor or a felony. In either case, probation violation is very serious and can negatively affect the probationer’s future. Understanding your rights is crucial to getting through probation safely, which is why it is important to retain a criminal defense attorney who is familiar with the criminal justice system.

In Texas, there are two main types of probation: straight probation and deferred adjudication probation. 

Continue Reading ››

 Posted on March 26, 2024 in Criminal Law

When it comes to family violence, understanding the legal implications and consequences of being convicted is important if you are facing charges. In Texas, family violence is prosecuted very aggressively. If you have been charged with family violence, it is strongly recommended that you seek legal advice from an experienced attorney. While hiring an attorney does not guarantee a specific case outcome, it certainly gives those facing charges a fair chance at beating the charges or getting them reduced. 

With over 25 years of experience, Attorney Poblenz at Law Office of Michelle Poblenz has a proven track record of defending clients against the most serious criminal charges. No matter how grim a client’s situation may look, Attorney Poblenz is renowned for providing aggressive and tactical legal guidance that gives clients the best chance at obtaining a favorable case outcome.

Continue Reading ››

 Posted on March 14, 2024 in Child Custody

Child custody arrangements are designed to serve the best interests of the child. However, life happens, and circumstances change. And when circumstances change, modifications to existing custody orders may be required. In Texas, understanding the scenarios where custody modifications may be appropriate is important for parents navigating family law matters in the state. Contact an attorney for assistance in anything related to child custody, including modifications to existing custody orders. 

When Can a Custody Plan Be Changed in Texas?

1. Parental relocation – One common scenario where custody modifications may be necessary in Texas is when one parent plans to relocate a significant distance away. A modification may be warranted if the relocation would impact the current custody arrangement, such as disrupting visitation schedules or affecting the child’s stability. Courts will consider factors such as the reason for the move, the child’s relationship with both parents and how the relocation will impact the child’s best interests before approving any changes to the custody order.

   Continue Reading ››