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Waco Legal Issues Blog

Closing the breach in a business gap

When you and your partners first decided to go into business together, you were likely excited and nervous at the same time. As a business owner, you typically have a lot more obligation and responsibility within your company than you might if you were merely an employee. As you and your partners worked out your business plan, designing a structure, employee base, details regarding production, marketing, sales, payroll, etc., you may have run into several obstacles when differences of opinion arose.

Chances are, you were able to discuss the matters at hand and work through your challenges until that glorious day finally came when you opened your doors to the public. Now that some time has passed (be it several months, years or decades) you may be quite satisfied with the way things are going or you may be facing your most difficult problem yet. Either way, a key factor in continued success is that every business partner fulfills his or her commitments to the company as per your written agreement.

Will my retirement savings still be mine after a Texas divorce?

Divorce changes everything, including your plans for the future. Despite years of hard work, the end of a marriage will almost certainly signal significant changes in your financial situation, including your retirement savings. While retirement is an important consideration in a divorce, it does not necessarily mean that you will have to give up on your closely held hopes and dreams for the future. 

Property division is one of the most emotionally charged issues in a Texas divorce, and it can be difficult to think clearly about the future during such as difficult time. With the help of an attorney, you can better understand how to pursue a strong post-divorce future and hang on to your dreams for retirement.

Parenting together after divorce

Parents know that some of the most difficult issues to navigate during a divorce are those relating to child custody. It is never easy to decide where a child will live and how often parents will get parenting time, even when both parties are amicable and willing to resolve issues without litigation.

In order to minimize the potential impact that a divorce can have on a child, many parents choose a joint custody agreement. With this type of custody plan, parents can share visitation with the children, allowing them to maintain strong relationships and an active role in the lives of their kids, even after a marriage is over. 

Can you be in the same room? Divorce mediation could be for you

Some Texas couples simply cannot sit in the same room together without an argument erupting as they go through the divorce process. They rely on the court to make decisions for them that affect their individual futures. If you and your spouse can sit in the same room together, you might consider using divorce mediation, which allows you to create your own settlement.

You might find yourself more satisfied with the results of the process if you can tailor your settlement to your family's particular needs and desires. In addition, since the two of you made the decisions together, you will more than likely feel more compelled to comply with the terms of the agreement.

Is your non-compete agreement enforceable?

Texas employers have the right to protect their long-term interests by restricting the actions of their employees through non-compete agreements. The intent of a non-compete is to ensure that trade secrets and proprietary information does not leave when employees leave for other opportunities.

Non-competes differ on a case-by-case basis, but whatever type of contract you draft and have employees sign should meet the requirements necessary for enforceability. If your contract is not enforceable, it will not withstand scrutiny in the future, which could lead to legal complications and exposure of your company's secret information.

How do I choose the best type of business entity for me?

Like other Waco entrepreneurs, you made the decision to start your own business. You might discover that making that choice, however grueling, was the easy part. Before you open your door for business, several other decisions require your attention. One of those decisions entails choosing what form your business takes. Failing to understand the importance of this choice could cause you problems in the future and jeopardize the success of your business. The discussion below should help you determine what type of business entity meets your needs.

Texas lawmaker wants to end no-fault divorce

No-fault divorce laws allow couples to end their marriages without having to provide valid reasoning to the court.

That means couples can simply tell the court that the marriage is not working, and they want out, without providing proof of fault such as adultery, cruelty or abandonment.

However, a state representative from Fort Worth said he wants to get rid of no-fault divorce in the state, claiming that doing so would help to make families and marriages stronger, the Houston Chronicle reported last month.

5 tips for dealing with business conflicts

As with marriage, establishing a business partnership has its upsides. A knowledgeable, hard-working partner can serve as a sounding board for new ideas and can provide an extra pair of hands when the workload becomes too much for one. When conflict develops, however, its impact on a business relationship can be as negative as it is for a married couple.

Since both types of relationships rely on communication and trust to strengthen their bonds, it may not be all that surprising to learn that conflict-resolution tips for business owners are similar to those provided in couple's counseling. For those who recognize the signs of impending problems, these steps may help to lessen tension at the workplace:

Learn from celebs -- don't make these mistakes

What did Abraham Lincoln, Prince, Jimi Hendrix and Sonny Bono have in common? They all died without a will, according to a recent article from CNBC. The article stated that famous people make many of the same estate planning mistakes as you and me, including:

  1. Not having a will
  2. Not making will updates
  3. Not planning for estate taxes
  4. Leaving valuable personal property out of the estate plan

When can a will be challenged?

Probate is the legal process during which a deceased person's estate is distributed according to his or her last will and testament.

If the will has been drafted properly and there are no concerns over what should happen with the estate, then probate process goes smoothly. However, this isn't always the case.

To say that probate is contested means that the will is being legally challenged. It is also referred to as probate litigation or a will contest.

Reasons a will can be challenged

Generally speaking, courts like to stick to what is written in the will, if possible. That's because the testator (the person who wrote the will) is no longer around to say what her or she wants, so the will often provides the best direction.

However, there are reasons that a will can be challenged in court by anyone who may have something to gain, including:

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