Ruby K Bolton

Ruby K Bolton

The Bolton Law Firm, PC
  • Family Law, Probate, Estate Planning...
  • Texas
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Summary

Ruby Bolton brings 24 years of experience to your side. She is board certified as a family law specialist by the Texas Board of Legal Specialization. The Bolton Law Firm handles complex family law issues, such as high net worth divorces, child custody battles, paternity disputes, and the characterization of separate and community property. The Bolton Law Firm, PC can also assist you with a collaborative divorce and represent you in reaching a peaceful settlement through the mediation process. Ruby Bolton has five children and has been through her own divorce and is happily remarried. She is a regular volunteer in her community. She is also a member of the legislative review committee for the Texas Family Law Foundation. Ruby is an active member of the Church of Jesus Christ of Latter-Day Saints.

Practice Areas
  • Family Law
  • Probate
  • Estate Planning
  • Divorce
  • Domestic Violence
Fees
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Texas
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Federal Circuit
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Languages
  • English
Professional Experience
Managing Partner
The Bolton Law Firm, PC
- Current
High Asset Divorce, child custody battles, multi-state litigation, international custody disputes
Partner
Bolton & Bolton
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Education
University of Texas - Austin
J.D. (1994) | Law Degree
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Honors: Order of the Barristers; Associate Editor, Texas Journal of Women and the Law
Activities: Robert W. Calvert American Inn of Court; Board of Advocacy
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Brigham Young University
B.A. (1989) | English
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Activities: Eta Sigma Phi
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Professional Associations
State Bar of Texas
Member
Current
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Family Law Section
Current
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Family Bar of Fort Bend
Current
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Montgomery County Bar Association
Current
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Northwest Bar Association
Current
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Texas Association of Family Law Specialists
- Current
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Texas Family Law Foundation
Committee Member of the Legislative Review Board
- Current
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Speaking Engagements
The Attorney Grievance Process, Cancun, Mexico
Hell on Heels
How to get That Big Firm Polish on a Solo Budget, Lawyer Forward
Certifications
Board Certified Family Law Specialist
Texas Board Of Legal Specialization
Websites & Blogs
Website
Legal Answers
7 Questions Answered

Q. How can emotional/verbal/narcissist abuse be proven in court? And how can it affect divorce outcomes?
A: You give a lot of examples of how you can prove verbal and emotional abuse in your question. Your own testimony at court is the most obvious. Anyone who has seen or heard your husband be abusive to you would also be a potential witness. The pictures and audio recordings are admissible, as is the smashed cell phone. If he is trying to get custody or you are requesting that he be awarded only supervised visitation, and he is resistant to this, you can request an Amicus Attorney be appointed to represent the children's interest. The Amicus can talk to your children directly about what they have experienced. How much impact all of this would have depends upon what issues are being disputed. They will have a huge impact on custody if it is disputed. They might also have an impact on the division of property. There are many factors to be considered. You should schedule an appointment with an experienced family law attorney to ensure that you receive an accurate answer to your questions.
Q. How can I go about having my husband committed to a rehab facility for drug addiction/sucidal thoughts and depression.
A: There are provisions in the Texas Health and Safety Code that allow a court to place someone in inpatient psychiatric care against their will. The psychiatric care will frequently include treatment for substance abuse. To commit someone involuntarily, an individual must execute an Application for Detention, which is supported by a sworn statement that the potential patient is likely to cause serious harm to self or others in the immediate future. I have never seen an individual be successful in obtaining a commitment without legal assistance. Sometimes the legal assistance is a privately hired attorney. Sometimes the legal assistance is provided by the State as a result of a 911 call, or a call from a medical facility. The initial detention is only for 72 hours. To hold someone longer than that, the State is required to provide the patient with a lawyer, obtain a certificate from a licensed physician that the detention is medically necessary, and hold a hearing. Even if the Court finds at the hearing that patient will harm himself or others if not kept in a mental health facility, most patients are released in less than 60 days. I know that when you are trying to help someone, all of these regulations are frustrating. However, the world has historically treated mentally ill people harshly. There is evidence that many people without mental illness were placed in psychiatric hospitals because their parents or spouse did not want to deal with them anymore, rather than in an attempt to help them. As a result, Texas is very careful not to lock anyone up based only on an allegation of mental illness. Even if a mental illness is proven, you cannot force treatment on a person unless the Court finds that that is the only way to prevent a severe physical injury to someone. Commitments are extremely fact specific, meaning no one can give you an idea of how likely you are to be successful without sitting down to an indepth consultation with you.
Q. My son signed a mediated settlement agreement he was uner duress and felt that he had to sign because he had arrest for
A: A properly prepared an executed mediated settlement agreement is extraordinarily difficult to challenge. A parent who has been a victim of domestic violence perpetrated by the other parent in the past and and who signs an agreement because they continue to feel intimidated is allowed to challenge a mediated settlement agreement. If fraud is committed to obtain the signature (i.e. bank statements are produced which say an account has $10,000, when it instead has $100,000) you may be able to challenge an MSA, or sue for fraud even if the MSA is upheld. However, in the situation you are describing, your son was concerned about the effect his criminal proceedings would have on the civil matter. Fear of doing badly in court will not invalidate a mediated settlement agreement. Requiring drug tests for visitation is common in the family courts. I have entered dozen of such decrees myself.
Q. Will funds spent after divorce papers have been served be deducted from the settlement?
A: The Court will not automatically deduct funds from a settlement. In most cases, the parties eventually reach an agreement. If you and your spouse agree to deduct those funds, than they will be deducted. If you have a trial and a judge rules, they will only be deducted if they were wasteful, fraudulent, or spent on a paramour. You are married until the day that you are divorced, so income earned during the marriage continues to belong to both of you.
Q. How is child support calculated in TX? Is it based on income or custody?
A: Custody of children should be determined based upon what is best for the children. Far too often, we see people now who are only seeking custody in an effort to pay less child support. I hope that that is not the case with your spouse, and that if he is asking for 50/50 custody it is because he genuinely feels like the 40% of the time that a Texas Standard Possession order would give him would not be enough. There is no hard and fast rule to set child support in a 50/50 case. I have seen many times where child support is completely unaffected, and the parent who earns more pays the same amount of child support as they would if they had received a Standard Possession order. Usually, if the agreement is for no child support, it is because the parent who earns less made an agreement before they saw an attorney. If both sides have an attorney, about half the time child support is unaffected by the custody split, and the other half of the time, it is reduced. If you do not feel that a 50/50 custody split is best for your child, don't agree to it. Your spouse is unlikely to get it without your cooperation.
Q. I am 17 and want to move out of my mom's house to move in with my brother who's 23. Can I do it legally without consent
A: At age 17, you are still a minor and 63.009(g) of the Texas Code of Criminal Procedure authorizes police to take possession of you and return you to your parents if you move out without their consent. Your brother should also be concerned about being criminally charged with harboring a runaway. In my experience, the behavior of both the police and the district attorney's office when called in these types of cases is unpredictable. Your parents should not assume that you will actually be delivered to them, you should not assume that you won't be, and your brother should not assume that he will not be prosecuted. If you are in danger, contact CPS. If you are not, I recommend staying at home until that 18th birthday.
Q. We have a court order to use a app to communicate when we cannot get along. Is he in contempt for refusing to use this?
A: The use of a co-parenting web site is frequently mandated by the court in contentious cases. If the other parent refuses to honor the Court's order, they can be found to be in contempt of court. However, whether they will be found in contempt or not is a different question. The answer depends upon your particular circumstances. Some judges are much more willing to find contempt than others. Do you have an open case? How egregious is the other parent's refusal? Has the refusal caused problems for the child? Are there other areas where the other parent is violating the Court order? There are so many variables, that the only way to determine how to handle this refusal is to speak with an experienced family law attorney who regularly practices in your court.
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Contact & Map
The Bolton Law Firm, PC
724
West Main Street
Tomball, TX 77375
USA
Telephone: (281) 351-7897