Collaborative Divorce is a mechanism or path to divorce (or, more generally, the resolution of any family law matter) that minimizes the use of the court system and maximizes the parties’ control over resolution through the use of a team that includes the parties and specially trained collaborative lawyers and may also include financial and mental health professionals.
Child Support
A divorce case must resolve all issues between the parties, including all issues involving any children of the marriage (conservatorship, possession, child support, and medical support) and the division of all community property of the parties. A divorce is a lawsuit, which resembles any other lawsuit. There are pleadings, discovery and, if the parties do not resolve all issues by agreement, a trial. The trial can be either to the Judge or, if one party desires, to a jury.
Child Custody and Visitation
If the other parent interferes with your visitation rights, you can ask the court to intervene. An experienced attorney can help ensure your visitation rights are enforced.
Adoption
Paternity
Premarital Agreement
Prenuptial agreements are pretty standard when the rich and famous get married. But are they a good idea for people without millions of dollars to protect? Depending on your finances and relationship, they may be.
Spousal Support
A case involving children of parents who are not married is called a parenting case or a suit affecting the parent-child relationship (“SAPCR”). A SAPCR resembles the portion of a divorce case involving children, but without a marriage there are no issues property issues or issues of spousal support.
Legal Separation
A divorce case begins by one party filing what is called a petition, which is followed by the other party’s answer and/or counterpetition. Temporary orders typically follow, particularly in cases with children, because in Texas we have no legal separation. Discovery, most often written discovery but sometimes oral depositions as well, generally follows, with the amount of the discovery generally resembling the complexity and number of the issues in the case.
Tom Carnes has practiced business litigation since 1992. Tom’s business litigation is broad, and encompasses everything from breach of contract cases, to real estate and construction disputes, to regulatory matters, to debtor-creditor matters, to deceptive trade practices and consumer protection, to post-employment disputes and “business divorces.” His representation includes business and individuals, and includes business to business disputes as well as business to consumer disputes. Additional, more specific, information on the types of business disputes Tom handles appears below.
What Tom has significant experience and expertise in lies in the area of post-employment disputes over trade secrets and covenants not to compete, typically between an employer and a high-level employee or one who possesses what is at least arguably valuable proprietary information.
The same is true for the relationship between builder and landowner, whether the land in question is a home or a commercial building. Construction defects can be a serious business, for sure, but these relationships also represent a unique opportunity for deceit on the part of an unscrupulous builder. Whether the deceit is the non-payment of subcontractors or questionable billing practices with regard to the owner, the owner is generally left holding the bag and absorbing the loss.
Real Estate Transactions
The most valuable asset in our Texas Hill Country is land, and its value continues to increase as more and more people want to live here. People from other states or countries find Texas titles, and particularly the issues or prior reservations and access easements confusing (and even worrisome), and they are rightfully concerned because each of these issues lead to disputes – over access to land, boundaries, and use. Neighborhood deed restrictions, city and county ordinances governing zoning and/or use, and representations and warranties of sellers (and even fraud) provide further areas for disagreement. Tax assessment issues and the maintenance of open space exemptions also provide areas of potential dispute. Real estate transactions and real estate ownership are simply rife with opportunities for misunderstandings, disputes, and ultimately litigation.
Easement
Land Use and Zoning
Landlord-Tenant Disputes
Tom Carnes has litigated all kinds of contracts in all kinds of contexts since 1992. These include contracts governing lending relationships, landlord-tenant relationships, employment and post-employment relationships, internal and external business relationships, supply relationships, marital relationships, and as
At the same time, Tom chooses not to practice in many other areas. Outside of the realm of existing disputes, he generally does not work on business or real estate transactions, wills, or other contractual and planning engagements. He does not practice criminal law, or personal injury, products liability, insurance law, or tax law. He does not try to be all things to all people. He is not a jack of all trades.
Tax year 2020 hasn’t brought any major changes to tax law for divorced parents, but things changed significantly with the implementation of the Tax Cuts and Jobs Act in 2018. Some of the most important changes were in regards to how divorced and separated parents can claim dependents.
Debt Collection
With every economic downturn comes problems with people managing debt under trying circumstances. While experienced as a banker in the mid-1980s, and as an attorney doing a fair amount of debt collection work during the early 1990s, Tom has found a new additional niche in representing debtors pursued by creditors since his move to the Texas Hill Country in 2008. In doing so, he has found the knowledge that he gained in banking and in representing creditors invaluable in defending debtors. He understands where the creditors weaknesses in proving their claims is likely to be, which has enabled him to successfully defend creditors from claims as to which real defenses are hard to come by. Conversely, Tom has gained a new understanding of debtors that has made him even more effective in pursuing debtors. It is unique to find a lawyer that understands the intricacies of both sides of these matters, and Tom is one such lawyer.