Texas Prenups/Marital Agreements & Cohabitation Agreements

People who are wealthy or entering into a high net worth marriages can benefit from marital agreements. In Texas, premarital agreements, prenuptials or “prenups” are the most well-known and accepted marital agreements. Premarital agreements are created to determine who keeps what and can also be used to set boundaries around many other specific agreements in a marriage.

Premarital agreements can set up boundaries regarding wills and trusts, dividing retirement and employee benefits and control of property during the marriage and penalties for adultery. A premarital agreement must be in writing and signed by both parties.

Some couples also take the option to have a post-marital agreement that can protect one spouse’s assets from the other person’s debts. It can also protect assets from the risk associated with a spouse’s business venture.

Considering that about half of marriages in Texas end up in divorce, it’s a wise step to have some form of marital agreement in place to protect both persons in a marriage. Our family law attorneys can assess your situation and determine if a marital agreement would be appropriate for your unique situation. Call us today at 972-200-3756 to schedule a free consultation.

Texas Cohabitation Agreement

Common law marriages are recognized in the State of Texas. If you are living or have lived with your partner for a certain number of years, they may be entitled to part of your property or assets.

Some couples choose to live together but want to avoid a common law marriage. A cohabitation agreement will disavow a common marriage and will clarify any financial arrangements or commitments.   It can also prevent financial turmoil on top of the emotional difficulty after a breakup.

In Texas, a cohabitation agreement needs to state that both parties agree that they are not married and that it has been entered into voluntarily. A cohabitation agreement can offer asset protection for the partner that has significantly higher net worth or annual earnings than the other. Without a cohabitation agreement, couples that live together in the Plano, Texas could risk that their relationship be considered a common law marriage. Should this happen, the wealthier partner could lose considerable assets.

Similar to premarital agreements, cohabitation agreements can cover couples who want to protect assets, avoid costly litigation and clarify other wishes upfront. This is especially important for the party who has a greater income or has entered the relationship with pre-existing wealth.

Our Plano family law attorneys can help write a cohabitation agreement that will reduce your risk of loss of assets and will be upheld in the Texas courts.

Cohabitation Agreement Benefits

A cohabitation agreement in Plano, Texas agreement disavows a common law marriage and may also list certain expectations. Among them are a monthly expense budget, scheduled time commitments and clarification of financial arrangements during the relationship.

Having your own separate family law attorney represent you is the best way to ensure that you protect your rights and that the agreement is ruled as fair to both persons in the relationship and more likely to hold up in court. Contact us today to represent you and protect your property and assets.

Texas Cohabitation Agreements for Same-Sex Couples

Texas only recognizes a marriage as being between a man and a woman. Same-sex couples do have the option to enter into cohabitation agreements in Texas. Like a prenuptial agreement, cohabitation agreements outline the division of property if the couple decides to separate Couples who choose to live together, or who have valuable assets or property, should learn more about the process of cohabitation agreements. We can explain how cohabitation agreements work and the steps necessary to help ensure the cohabitation agreement is enforceable in Plano, Texas.

Call us with your questions about premarital agreement laws at 972-200-3756. We have helped clients in Denton County, City of Allen, Highland Village, McKinney, Argyle and Frisco. We look forward to providing you with expert legal advice regarding a premarital or cohabitation agreement.




Being arrested for driving under the influence (DUI) in can be a scary and life altering experience. Most people are confused and have many questions. When someone is arrested for DUI in Santa Cruz County they will have to face two charges. One of the charges will be from the criminal court, the other from the California Department of Vehicles (DMV).

You need to contact DMV within 10 days to request a hearing. Delay and you will lose your license! It is important that you contact a Santa Cruz County DUI attorney ASAP to assist you in a DMV hearing in order to save your license!

If you have been arrested for DUI, under Vehicle Code Section 23152 (a) and or Vehicle Code Section 23152(b), you will have many questions as to the criminal court process. Contact CA DUI attorney John Smith today for a FREE consultations of your case at 555-555-1234.



The first stage of the criminal case is known as the arraignment. It is the first opportunity you have to plead not guilty, guilty or no contest to the DUI charge. The judge will decide upon the option of bail and the cost. The following can be handled by a DUI defense criminal lawyer:

  • Enter a plea of not guilty on your behalf
  • Collect the evidence against you
  • Briefly discuss the case with the prosecuting agency
  • Record exactly the specific terms of any settlement offer
  • Set a date for the next appearance or pre-trial conference

For most misdemeanor DUI cases, Santa Cruz County DUI defense criminal lawyer John Smith can appear on your behalf. Your appearance would be optional. This will help save you time and possible embarrassment from having to appear in person.


A pretrial hearing can be set during the arraignment in misdemeanor Santa Cruz County DUI cases. An attempt may be made to reach a settlement at that time or further pretrial dates may be necessary. Just as in the arraignment, your DUI defense criminal lawyer can appear on your behalf. This means that you will not be burdened with the loss of time from work and your family. When a case is not settled or dismissed, a date for trial will be set.

 Preliminary Hearing

A preliminary hearing may be set during the arraignment for felony Santa Cruz County DUI cases. Most DUI cases are misdemeanors. But if this is your fourth or more DUI it may be charged as a felony. The case will most likely be charged as a felony if the DUI involved an injury, a death or if children were present.

At this hearing, the prosecuting attorney will present basic evidence about the DUI case. The defense has the opportunity to cross-exam prosecution witnesses. This can help your DUI defense criminal lawyer determine what type of case the prosecution has against you.

If the judge decides there is enough evidence against you to proceed with the felony charges, you will be “held to answer”. You will then have to enter your plea again at a second arraignment, about two weeks later at the trial court.

 DUI Trial

It is important to understand the time limits in which a case must be brought to trial.

For most misdemeanor cases you have a right to go to trial within 30 days of your arraignment; 45 days if you were not in custody. In felony cases, you have the right to go to trial within 60 days of the second arraignment.

If your case requires additional investigation and research by your DUI attorney before he may request a “continuance”. Therefore, your case may not go to trial for several months. A trial can take from days to weeks to conclude due to several factors. Some factors include the complexity of the DUI case, number of witnesses and experts called upon by the Prosecutor or your DUI defense criminal lawyer.


If a jury enters a guilty verdict, the sentencing phase of the trial begins. DUI defense criminal lawyer John Smith will attempt to present evidence in your favor and argue for minimum or alternative sentencing. Some of the penalties include jail for up to one year for a misdemeanor or more than one year for a felony. An alternative includes probation instead of jail time.

Alternative Sentencing

It is important to retain the services of a Santa Cruz County DUI defense criminal lawyer knowledgeable of alternative sentencing options. In many cases, several alternatives to jail or prison are available for defendants convicted of DUI. These alternatives are also available to defendants about to accept a plea bargain agreement in DUI cases. Some alternative sentencing options to jail:

Private Jail
Roadside Labor
Other Labor
Work Release
Work Furlough
Alcohol or Drug Rehabilitation
Sober Living Arrangements
Electronic Monitoring

Contact Santa Cruz County DUI defense criminal lawyer John Smith to discuss the alternatives available in your case.


Misdemeanor DUI probation consists of either summary or supervised probation. Under summary probation you do not have a probation officer or anyone to report to.

In supervised probations, you are assigned to a probation officer who you must report to on a regular basis. Under supervised probation the probation officer may require drug testing, anger management classes or other drug rehabilitation classes.

While on summary or supervised probation you must obey all the terms of your probation, including not violating any charges. Probation can last from 12 to 60 months.


Although you always have the right to appeal a DUI case or ruling, it is important that you hire an experienced DUI attorney to handle your case from the beginning. When you file an appeal you have to start the entire trial process all over again. Hiring an aggressive and experienced DUI defense criminal lawyer such as John Smith will help avoid an appeal.

DUI Expungement

If you have been convicted or pled guilty or no contest to a criminal charge, an expungement allows you the opportunity to “set aside” the DUI charges and dismiss the case. When an expungement is granted, the DUI conviction will be erased from your criminal record. A person has to meet certain qualifications in order to qualify for an expungement. Click here for more information on how to start the Santa Cruz County expungement process.

 Contact us

Click here to fill out our free online case evaluation form so we can begin assisting you in receiving the fairest treatment possible in the court system. You can also contact Santa Cruz County criminal defense lawyer John Smith directly via email or by phone.

You can reach us toll free at 555-555-1234,

via email at johnsmithdui@yahoo.com or

24 hours a day on our free online case evaluation form.

Can HOA Fees be Discharged in BK?

It is not uncommon for homeowners who file for bankruptcy also have past due HOA fees or even a lien on their property. Many homeowners also complain how stubborn and inflexible the Home Owners Association (HOA) Board of Directors and the HOA attorney are with any type of payment arrangements. When you file for bankruptcy, an automatic stay will be put into place and any collection effort by the HOA needs to stop. That includes HOA liens as well.

If you file a Chapter 13 bankruptcy, all past due HOA fees will be included in your repayment plan. For those who file a Chapter 7 bankruptcy the process is a bit more complicated. The HOA fees may be turned into unsecured debt which may mean you will not have to repay most or any of the HOA past due fees.

Although most HOA liens do survive bankruptcy you can avoid losing your home through foreclosure by overzealous HOAs when you file for bankruptcy. It is advisable to consult with an attorney when dealing with HOAs as most are very aggressive and inflexible regarding HOA fees and placing a lien on your home.

If you are a resident of Fort Worth, Dallas, Arlington, Garland, Rowlett, Mesquite and Plano, contact Dallas bankruptcy law firm, Fears | Nachawati, toll free at 1.866.705.7584 or info@fnlawfirm.com for more information on stopping HOA in their tracks through bankruptcy.


During a traffic stop in the State of Virginia an officer will observe driver for signs of drinking and driving. If the officer suspects a driver of drinking and driving, he will observe actions by the driver such as:

  • Difficulty with motor vehicle controls
  • Hard time getting out of the vehicle
  • Fumbling with driver’s license or registration
  • Repeating questions or comments
  • Leaning on the vehicle or other object
  • Slurred, slow or fast speech
  • Slow to answer officer
  • Gives incorrect information or changes answers

If the officer sees any of these signs, the officer may ask a driver to perform field sobriety tests to judge if a person is impaired while driving. Typical field sobriety tests in the State of Virginia include:

  • An officer will ask driver to stand on one foot at a time. Officer will be looking for swaying, hopping, putting the foot down, body shakes or muscle tension.
  • An officer places a pen, 12 inches away from the driver’s face, and moves the object side to side while watching the driver’s eyes. The officer is looking for involuntary jerking or trembling of the driver’s eyes.
  • In The Rhomberg Balance test the driver is asked to tilt his or her head back, close his/her eyes and count 30 seconds silently. An officer looks for the inability to stand steady, opening eyes to maintain balance, swaying or muscle tension.
  • In a walk and turn the driver takes “heel-to-toe” steps in line then turns and takes the same number of “heel-to-toe” steps back. An officer is checking whether the individual can balance, follow instructions, start and stop when told.
  • The finger to nose test requires an individual to close one’s eyes, stand straight with feet together and touch index finger to nose. The officer is looking for swaying or tremors, eyelid tremors or muscle tension.

Other field sobriety tests in the State of Virginia include walk in a straight line, touch each finger, one after the other, to thumb, count backwards or recite or sing the alphabet.

An officer is also trained to look for:

  • Blood shot eyes. This may indicate heavy drinking by a driver.
  • Smell of alcohol. The officer is trained to smell to identify the odor of alcohol on a driver’s breath or clothes to determine if a person is drinking and driving.
  • Open containers of alcohol. An officer will also look for open container of alcohol.

If contents in a container have been partially removed, an officer may charge the driver with drinking and driving.

When these signs are present, an officer will perform a breathalyzer. Drivers who fail the breathalyzer test will be arrested for DUI. It is illegal in the State of Virginia to drive with a blood alcohol concentration (BAC) of .08 or above. The .08 percent limit is the benchmark for the “impaired” driver throughout the United States. In the State of Virginia, the BAC limit is lower for commercial drivers (.04) and drivers under the age of 21 (.02). Additionally, refusal to a chemical test can lead to license suspension and arrest.

A DUI arrest is not a conviction

For most drivers, a traffic stop is a minor inconvenience and a ticket, but for those drivers who were drinking while driving, it may lead to a license suspension, car impoundment and even an arrest. If you are facing a DUI charge in Virginia, Damon will help protect your rights during your DUI case with an aggressive DUI defense strategy. Call today for a FREE analysis of your case at 866-994-1455.

Hit the Reset Button with Chapter 7 Bankruptcy

Just as the title implies, filing for Chapter 7 is like hitting the reset button on your favorite electronic device. Everything disappears. After your Chapter 7 is discharged, you end up erasing the debt that was once there. In order to qualify for a Chapter 7 bankruptcy in the Fort Worth/Dallas region, you must:

  1. File a Chapter 7 petition.
  2. Pay your filing fee to the court clerk. There are waivers available for some applicants.
  3. Take a credit-counseling course approved by the bankruptcy court within 6 months of filing for Chapter 7.

While the initial process seems simple enough, the petition contains many forms that require a strong understanding of bankruptcy law. The court clerk cannot help you fill

out the forms. Once the forms are filled out appropriately and submitted to the bankruptcy court, an automatic stay is put in place that will immediately halt all collections efforts from creditors. This mean they will no longer be able to make harassing phone calls or place liens on your assets. In some cases, liens already in place can also be reversed.

Once your Chapter 7 bankruptcy is discharged, you are basically starting over with a clean slate. The debts are erased and you will no longer be held liable to pay them.

For more detailed information how Chapter 7 can help you start over debt free, contact Dallas bankruptcy law firm, Fears | Nachawati, toll free at 1.866.705.7584 or info@fnlawfirm.com.

Denton Law Firm PLLC —Tulsa DUI Defense Attorneys

Denton Law Firm PLLC —Tulsa DUI Defense Attorneys

Your best defense in a DUI arrest

Being arrested for drinking and driving or driving under the influence (DUI) can be scary and extremely stressful. You probably have many questions about how a DUI arrest will affect your job, family and future. During this time it is important to understand your rights and who can help you protect them. You will also need to understand your responsibilities so that you can avoid additional penalties.

The DUI defense team at Denton Law Firm PLLC has represented over 1,000 cases. We will work hard to investigate and defend your case. Our DUI Defense Attorneys can answer your questions and help you understand the potential outcomes in your DUI case.

Call (918) 221-3955 immediately to help protect your rights.

Tulsa DUI & You: What you need to know

In the state of Oklahoma you can be arrested for DUI if you are found to have 0.08 Blood          Alcohol Content (BAC) in your system. Your vehicle will be impounded and you will be arrested. You will also be given a citation to appear in court. You will need legal help in defending yourself against a DUI arrest.

For more information about DUI in Tulsa visit www.thedentonlawfirm.com/the-science-behind-a-tulsa-dui

Contact us today to help you defend your DUI case (918) 221-3955.

What to expect after a DUI arrest in Tulsa

There are a few steps that you will have to get through in your Tulsa DUI case. The first step is the initial DUI arrest. The circumstances and tests administered at the time of the arrest for drinking and driving can affect the outcome of your case. Fortunately, an experienced DUI defense attorney can help you challenge some of the test results such as faulty breathalyzer results and field sobriety tests:

  • One-leg stand (OLS)
  • Walk-and-turn (WAT)
  • Horizontal gaze nystagmus (HGN) (eye jerking)

The second step involves action by the Oklahoma DMV. At the time of arrest for DUI, your license was confiscated and you may have received a temporary license by the arresting officer. These temporary licenses are typically valid for about a week. You will need to attend a DMV hearing to get your driving privileges reinstated.

We will represent you with a thorough defense against DUI including aggressive challenges of any field sobriety test result.

If you have any questions about the field sobriety tests used to determine your DUI case, please

call us to speak with our DUI defense attorneys at (918) 221-3955.

Who to contact if you are arrested for DUI in Tulsa

It is important to contact a skilled Tulsa area DUI defense attorney as soon as possible. Time is of essence in properly defending your Tulsa DUI case. The DUI defense team at Denton Law Firm PLLC includes a former prosecutor. We know how to challenge a prosecutor’s DUI case against you.

Contact Denton Law Firm PLLC today at (918) 221-3955 to get the help you need to defend your DUI case.

How to End the Vicious Downward Cycle of Credit Card Debt Once and For All

Many people who are in over their heads with credit card debt are basically “Robbing Peter to pay Paul.” For example, many people who are out of work may be taking large cash advances to pay other debts. But in the end the credit card bill with the cash advance shows up and there is not enough money to pay it, so another credit card is used to pay that bill. It’s a merry go round that is very difficult to get off.

Many Dallas residents end up going through their savings account and putting themselves in heavy debt without realizing that they have a perfectly legal option such as filing for Chapter 7 bankruptcy. Some of the advantages of filing for a Chapter 7 bankruptcy:

  • You do not have to make payments to creditors
  • Creditors can not take action against you (liens on paycheck or bank account)
  • Harassing phone calls must stop immediately
  • All debts will be discharged

If you are a resident of Fort Worth, Dallas, Arlington, Garland, Rowlett, Mesquite and Plano, contact Dallas bankruptcy law firm, Fears | Nachawati, toll free at 1.866.705.7584 or info@fnlawfirm.com for more information how Chapter 7 can help you get a fresh start.