KalishLawTexas' legal blog The Woodlands

0

28 Feb 2012

Temporary Spousal Support While a Divorce is Pending in Texas
- Edit
- Delete
- Tags
- Autopost
If you are planning a divorce, you should be aware that you may be able to receive temporary spousal support while the divorce is pending, if you make significantly less than your spouse, you are unemployed or you are unable to work.

In order to receive this, you will need to have the judge sign “Temporary Orders”. These orders can be agreed to by both spouses, arrived at after a contested court hearing, or be entered after mediation, as a mediated agreement.

Spousal support is separate from child support, but child support is given priority and the amount of child support that is being paid, if any, will be considered.
You should be prepared to show detail about your expenses and needs, going back several months. Be ready to show evidence, and specific numbers, about what your needs have been and what you realistically expect them to be during the time the divorce is pending.

Kalish Law Office The Woodlands, Texas; "Passionate, Professional and Personal. We Make the Difference." Since 1984.
- views
0

13 Feb 2012

Children Caught in Divorce: Part II of the interview
- Edit
- Delete
- Tags
- Autopost
It is very easy for children to be caught in the middle during a divorce. In this video, our attorney Sio Ramirez Pitre is interviewed for examiner.com by relationship columnist Gina Gheller.

Last week, we posted part I on this blog, this is part II.

In this video, geographical restrictions in divorce decrees are discussed. These are common these days. If you are subject to a geographical restriction in your divorce decree, remember, this is a court order. The reasons for these restrictions are explained in this video. There is also a discussion about children who wish to stop visiting one of their parents, seeking changes in child support, and the right to return to court and modify a custody or visitation order.

We hope you find this video interview informative.

Kalish Law Office, The Woodlands, Texas. "Passionate, Professional, and Personal. Since 1984".

281-363-3700
- views
0

21 Jun 2011

How (and Why) to Get an Official Copy of Your Divorce Decree
- Edit
- Delete
- Tags
- Autopost
I. HOW to do it
If you are currently getting a divorce, you will be able to get a copy of your divorce decree after the judge signs it. It will be available from the Clerk in the county where your Texas divorce is filed. (usually the district clerk, rather than the county clerk) If you have an attorney, and your case is still open, your attorney will usually either get a decree for you or give you instructions on how to get the decree on your own.
In some courts, the decree will be available as soon as you are finished with the final hearing and you will be able to walk to the district clerk's office and get a stamped decree that very day. In other counties/courts, you will be asked to wait for a number of days until the file is processed, sent to the clerk, and imaged.

There is a copy fee (see below).

Situation #2: Your Divorce is Final, and Your Case is Already Closed

Say that your case is complete, and maybe even was completed several years ago. You should call or visit the district clerk in the county where your divorce was rendered. The more information that you have the easier the clerk can your case. The case number is the best piece of information to have. You may also be asked the names of the parties, and perhaps the approximate year the divorce was final or which court had the case.

Unless your case has been very recently completed, it is generally better to contact the district clerk directly yourself, rather than contacting the attorney who represented you in your divorce. Doing so will save you time since an old law firm file is likely to be archived, in storage or even destroyed.(most firms do not keep family law files forever). Secondly, if you are going to get a copy of a court document, you should take the time to get a certified copy, and only the clerk's office can do that for you. Thirdly, you will want to be sure that you have the absolutely final version that was signed by the judge - an unsigned copy from an old file may not be the final version.

Information about cost:

You may be asked if you want a regular or certified copy of the decree. Get the certified! It is usually the same price as the regular (generally, about $1.00 per page). For all "official" situations, you will need a certified decree. (A certified decree bears an official stamp or seal).

Personal checks are usually not accepted.

II. WHY would you want to?

There are many reasons why you may need a copy of a divorce decree, here are just a few!

-to begin or end child support withholding

- to change a name on a driver's license, social security card, passport, insurance policy, or piece of property

- to review and follow a visitation schedule

-for transfer of property, deed or refinance

-to review provisions regarding responsibility for debt

-for income tax purposes

-for probate reasons, after one of the parties has died

-for family research reasons

-for your own record keeping

-to apply for a state license in a profession, apply for a passport or other official document

You should keep a certified copy of your divorce decree with your important papers.

LInks to the Montgomery County Texas website and the Harris County Texas website can be found at www.kalishlawtexas.com under the tab marked "legal resources".

Kalish Law Office- divorce and family law attorneys, The Woodlands, Texas Since 1984
- views
0

15 Jun 2011

What to Expect at Your Uncontested Divorce Hearing
- Edit
- Delete
- Tags
- Autopost
Texas Uncontested Divorce:

If you and your spouse have worked out an agreement and signed it, you will still need a hearing in court for "prove up" of the divorce. At this time, one of the parties will testify under oath in front of the judge.

Let's assume that you are represented by lawyer, and that you and your spouse have children together.   You have reached an agreement about property, custody and visitation and you have both signed it. You are taking a deep breath, knowing that it is almost over. Your spouse has signed a waiver indicating that s/he is not going to attend the hearing, so it will be up to you to go to the courthouse and finish it.

Scheduling the Hearing:

First of all, your Texas divorce must be on file for at least 60 days prior to the final hearing. Although some couples have thought it through, prepared well and are ready to go earlier, the hearing still has to occur after the 60th day. This is Texas law.

In some counties, it is not necessary to schedule a hearing in advance. You and your attorney will simply show up one day at the appointed time for uncontested cases and sign in on the "uncontested docket" sheet.   In other counties your attorney will have to request a specific date and time well in advance. Depending on the court, this request may be made by telephone, by formally filing a request, or by e-filing a request. The agreement will generally have to be prepared and signed before a hearing can be scheduled.

Before the Hearing:

Your attorney will prepare her file in advance of the hearing. She will be certain to have a copy of the petition and any other important documents that were filed in the case. She will make certain that the final agreement is properly prepared and signed, that a final order is ready for a judge's signature and that any other necessary paperwork or forms are ready (such as forms for the Bureau of Vital Statistics, child support withholding orders, or other forms specific to that county, etc.).

At the Hearing:

When you are called to approach the judge you and your attorney will do so. The questions that you will be asked in an uncontested divorce will be ones that you know the answers to, so try not to be too nervous! The questions will lay out your story for the judge by stating your name, how long you have been married, when you separated and whether you and your spouse have agreed and signed the paperwork, among other basic questions.   If you have children, you will tell the judge that you and your spouse have agreed on child support and visitation. The judge or your attorney may ask for a bit more detail (amount of child support per month or information about where the children will be staying).

A divorce is granted in Texas when all the proper requirements have been met and there is “no chance of reconciliation.” Therefore, you will need to be able to testify that there is no chance of reconciliation. (This does not necessarily mean that one party may not wish that there were a reconciliation, just that there is no reasonable expectation of a reconciliation at the time of the testimony.)

In most cases your testimony will take about 5 minutes.

After the Hearing:

Your attorney will assist you in getting a certified copy of your decree and discuss any other pending issues to wrap up your case.

It is normal to be anxious and emotional when appearing in court to end a marriage. However, knowing what to expect in advance can help.
- views
0

1 Feb 2011

General Information about Adoption of a Child in Texas
- Edit
- Delete
- Tags
- Autopost
Adopting a child requires the completion of very specific legal steps. Long ago, people “adopted” children informally but that is not the case anymore. There are many laws and regulations relating to adoption, and more laws are coming into effect every year for both domestic and international adoption.

The laws are necessary in order to keep children safe, and to standardize procedures and governmental record keeping.

The legal steps taken in an adoption vary, depending on whether or not the adoption is domestic or foreign, within the state of Texas or interstate, agency or non-agency, and whether it is an adoption by a stepparent, foster parent, grandparent, other relatives, or by non-relatives.
Although there are many variables, here are some basics to adoption procedure in Texas.
1. The child must be available for adoption. The legal rights of any living or legal parent must be terminated by court order.
2. Everyone who has the legal right to be notified about the procedure must be notified. This includes biological parents, guardians, a legal father (who can be a non-biological father married to the mother during pregnancy/birth) and any involved agencies. If a party’s whereabouts are unknown, there are certain methods that can be used to give “legal notice”, even if it isn’t “actual notice”.
3. The adoptive parent or parents must pass certain screening in order to adopt. In most situations, this involves a home study. The adoptive parent(s) will need to be capable of financially and emotionally supporting the child. The adoptive parent(s) background will be examined, especially to discover if there are crimes relating to injury or child endangerment, or crimes involving moral turpitude.
4. There must be a petition filed in a court and a judge must approve and sign a final decree.
5. Notification of the legal adoption and name change (when appropriate) will occur. After the final hearing, the adoption will be registered in Austin, and a new birth certificate will be issued. The new parents will notify social security. In some cases, paperwork will be filed with U.S. Immigration or the Department of State and official documents such as “green cards” or passports will need to be reissued.
These steps can take a while to complete, even when all parties are in agreement and the adoption is a “simple” one. In order to gain immigration benefits from U.S. citizen parents, children must usually be adopted prior to age 16 (there is one exception when adopting siblings).
If you are planning to adopt a child and have any deadlines (for instance moving to another state or country, travel outside the U.S., immigration deadlines) be sure to allow plenty of time for planning and completion by having an early legal consult with an adoption attorney who is familiar with your type of case.

Kalish Law Office has been serving clients in the areas of adoption for over 26 years. www.kalishlawtexas.com 281-363-3700
- views
0

25 Jan 2011

What You Want to Know About Termination of Parental Rights in Texas
- Edit
- Delete
- Tags
- Autopost
Certain legal conditions must be met before parental rights are terminated by court order.

There are two types of termination; voluntary and involuntary.

A voluntary termination of parental rights occurs when the parent whose rights are being terminated agrees with the termination, cooperates, and signs the proper paperwork and/or appears in court and testifies that s/he is voluntarily giving up rights.

An involuntary termination occurs when the parent whose rights are being terminated is not in agreement with the termination. This can occur when the parent actively opposes the termination, stands by passively and allows it to happen, is absent with whereabouts unknown, or refuses to respond to the suit.

Even if an absent parent cannot be found to be served with a lawsuit terminating rights, there are certain legal steps that can be taken to give “legal notice” without “actual notice”. Translating from “Legalese” to “English”, this means that just because a person is missing or hiding, the termination may still go on. If the termination is in the best interests of the child the judge can make that decision.

Specific legal steps must be taken to locate a missing party. There will also be an attorney appointed to represent the interests of the missing parent.

Termination is not a given. A judge can refuse to terminate parental rights if the judge believes that it is not in the best interests of the child to do so. This can happen even if both parents are in total agreement about the termination.

Here are three common situations involving termination of parental rights:
1. Adoption. In order for a child to be adopted, he or she must be available for adoption and (except in an orphan situation) that will involve terminating the parental rights of one or both biological parents. Step parent adoptions will commonly require the termination of rights of one biological parent.
2. Abuse, Neglect or Danger. Parental rights can be terminated for abuse or neglect or to prevent harm to the child. Child Protective Services may be involved in these cases.
3. Non support, no contact, abandonment, lack of acknowledgment. In some circumstances a parent can lose his/her rights by not supporting, visiting or acknowledging the child.
Parental rights are protected by law, and the terminations of those rights are not taken lightly. Many legal steps must be performed in order for a termination to be granted. The primary consideration is the health, safety, support and well-being of the child involved.

Kalish Law Office in The Woodlands Texas has been representing clients in cases involving termination, adoption, paternity, and parental rights for over 26 years. www.kalishlawtexas.com 281-363-3700 “Passionate Professional and Personal. We Make the Difference.”
- views
0

11 Jan 2011

The 60 Day Waiting Period for Divorce in Texas (yes, that includes uncontested divorce)
- Edit
- Delete
- Tags
- Autopost
Under Texas law, a divorce has to be on file for at least sixty days before it can be signed by a judge. Even though a decree can be signed on the 61^st day, that doesn’t mean that it will be signed on the 61^st day, although it is a possiblity if the divorce is an uncomplicated and agreed one.

The specific legal requirements that need to be satisfied in a divorce take time.   Everyone involved (the two parties and any attorneys involved) must have the time necessary to carefully draft and review the documentation. When everything is ready, a time must be chosen for at least one party to appear in a Texas divorce court and present the case to the judge (this is commonly called the “prove up”). Some family courts have specific times during which the judge will hear uncontested cases. Other courts require that a final hearing date be requested in advance, once the agreed decree of divorce is signed and ready.

Here are some things that you can do to help your uncontested divorce case move along more quickly:

1.      Be certain that you and your spouse really do agree on everything. This means that you have an agreement about property division and debt division. If you have children, be certain that you are in agreement about visitation, child support, custody and payment of medical expenses.   When discussing the visitation agreement, be certain that you understand holiday visitation and summer visitation terms.

2.      If you have children, and are willing to use Texas Standard Visitation provisions, the documents will not take as long to draft as “custom” provisions. Likewise, if you are using standard child support guidelines, things will go more quickly in both the drafting and the approval by the judge.   This is because the “Standard” provisions are part of the Texas law, presumed to be fair to the parties and children and do not require a fresh analysis by the attorneys involved or the judge.

3.      It is usually helpful to write out the agreement between you and your spouse, perhaps in a “list format” and make sure each of you has a working copy. This can be done prior to anyone visiting an attorney and can be helpful to take to your consutlation with your divorce attorney.

4.      Be sure to return calls and emails from your lawyer’s office promptly, and review documents and provide information when requested.

5.      Talk to your divorce attorney about how having a Waiver of Citation in divorce case that is signed by your or your spouse can speed the process along and whether it is advisable in your situation.

6.      Be sure that you have met all the requirements that Texas divorce law and the Texas family court judge have set in your case. For instance, do not delay in taking parenting classes and providing proof to your attorney. The Montgomery County, Texas family law judges, Harris County Texas family law judges (and family court judges in other Texas counties) have some specific requirements regarding completion of classes and submission of paperwork. Make sure that you understand what these are and cooperate promptly.

Even though your divorce may not be granted on the 61^st day after the filing, if you follow the above suggestions, things will go a lot more smoothly and quickly in your uncontested divorce.

Your divorce attorney in The Woodlands, Texas can assist you by explaining the legal process of an uncontested divorce and guiding you through the Texas 30 day waiting period for divorce.

The Kalish Law Office in The Woodlands, Texas has been representing divorce and family law clients for over 26 years. Contact us at Inquiries@kalishlawtexas.com or 281-363-3700. www.kalishlawtexas.com
- views

Search
Sites I Like
Tags
Archive
- 2012 (19)
  - May (2)
  - April (3)
  - March (4)
  - February (5)
  - January (5)
- 2011 (73)
  - December (4)
  - November (6)
  - October (7)
  - September (6)
  - August (6)
  - July (4)
  - June (5)
  - May (8)
  - April (4)
  - March (7)
  - February (8)
  - January (8)
- 2010 (98)
  - December (5)
  - November (6)
  - October (7)
  - September (7)
  - August (11)
  - July (10)
  - June (7)
  - May (7)
  - April (5)
  - March (10)
  - February (13)
  - January (10)
- 2009 (5)
  - December (5)

28 Feb 2012

13 Feb 2012

21 Jun 2011

15 Jun 2011

1 Feb 2011

25 Jan 2011

11 Jan 2011

Search

Sites I Like

Tags

Archive

KalishLawTexas' legal blog The Woodlands

Get Updates