Jennifer Ray’s Legal Blog

Often clients resist my request to do discovery on their family law case.  Discovery is a process available to attorneys so that they can find out information from the other side pertaining to their case.  Discovery can sometimes be expensive, however, its benefits greatly outweigh the cost.  If discovery requests are sent, the other side must produce or disclose all information that they intend to use in a trial setting and often leads to settlement because one side or both decide their legal position may not be as decisive as they had originally thought.  Discovery requests typically are by request for disclosure, interrogatories, and request for production.  However, an attorney can also submit a request for admissions (my personal favorite) as well.  For most family law cases especially those involving custody disputes or large property divisions, it is an essential for proper representation.

Your spouse has a confirmed affair.  One of you files for divorce and there are children involved.  Both parents want to be named primary parent.  Does the affair factor into a custody battle?  The surprising answer is generally no.  Of course, each case is different and based upon its own facts.  But typically, in most courts, an affair only factors into a divorce for the division of the community estate rather than custody of the children.  Most clients have a hard time swallowing this issue, but that has been this attorney’s experience in the counties in which I practice.

The Texas Courts of Criminal Appeals have denied a man his appeal seeking additional DNA evidence.  Larry Ray Swearingen was convicted of killing a 19 year old college student in 1999 and dumping her body in Sam Houston National Forest.  Swearingen sought to appeal the decision and requested additional DNA testing of the evidence.  The court stated that even if it granted Swearingen’s request, the overwhelming evidence pointing to his guilt likely would not change the outcome of his judgment. 

I am anxiously awaiting February 14th…No, its not because its Valentine’s Day but rather its the Daytona 500!  The Nascar racing season is upon us once again.  I can’t wait to see how the drivers do, but especially my guy, Jimmy Johnson.  He has now done the unheard of, winning four consecutive championships!  No other driver in Nascar history has accomplished that feat!  Go get ‘em Jimmy!!!

Lady Gaga is all over the media these days.  You can barely watch any entertainment show without some mention of her.  In fact, it is reported that the most popular Halloween costume (for older kids and adults of course) was to dress up as Gaga.  She is a very talented 23 year old artist, but her success has been unreal in a tough industry.  I think part of it is the mystique that she has developed for herself and outrageous outfits and accessories.  Everytime I see a picture of her she looks different!  Its crazy, but it just seems to make me want to know more!