KalishLawTexas' legal blog The Woodlands

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

Premarital agreements are also called Prenuptial Agreements, or “Prenups”.   Most couples who decide on a premarital agreement do so for one or more of the following reasons; a) there is a disparity in their assets; b) there is a disparity in the amount of debts owed; c) they want to preserve all or a portion of the premarital assets for their already existing children; and/or d) to meet financial goals, including asset protection.

The Texas Constitution defines marital (“community”) property and separate property. All income earned or property obtained after marriage (other than that gained by gift, inheritance, or certain parts of a personal injury settlement or award) is community property, unless there is a very specific legal agreement to the contrary.  In order to legally change that designation, a couple needs to sign a very specific contract.  

In some situations one of the spouses may have a large amount of debt going into the marriage. Texas law states that a prenuptial agreement may not be entered into with the intention of defrauding creditors.  However, there is no fraud if the couple merely protects the non-debtor spouse from a debt that is not legally his/hers.  The debtor spouse will continue to be liable for the debt under the law, but the non-debtor spouse’s present and future assets will not be co-mingled with the assets that are legally available to pay this pre-existing debt.

A Premarital Agreement can help clarify the couple’s financial picture, remove anxiety about potential disputes and misunderstandings and assist them in planning their financial future.    Although the idea of a Prenuptial Agreement may seem “unromantic”, having a well-planned and valid agreement may provide harmony and peace of mind.

If you are considering a marriage and think that a Premarital Agreement may be appropriate, take the time to have a consultation with an attorney who has knowledge and experience in the areas of family law and estate planning.  You will then be able to make an informed decision about what is best for your future.

The family law attorneys and estate planning attorneys in The Woodlands, Texas can assist you by explaining the legal requirements of Premaritial Agreements and drafting documents tailored for your family and business situation.

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

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

Holidays can be stressful for nearly everyone. Those who are experiencing other life stressors during the holiday season are especially vulnerable.  A divorce, job loss, illness or lawsuit can create a tense atmosphere.  Here are a few tips to help get some control over the situation.

1. Take notes.  Taking notes can help keep you on task, on target, and in the right place at the right time.

2. Don't procrastinate on the most important things.  If you are involved in any type of legal situation, be sure to calendar all important deadlines and get things done on time.   Don't wait to see your attorney.  Many offices and courts will be closed for at least a few days over the holiday season.

3. Keep your paperwork under control.  Purchase folders or bins to keep things from overwhelming you.

4. Prioritize.   Don't get drawn into other people's expectations and demands.  Focus on what is really important.

5. Take care of yourself.  Take some time for yourself, try to eat right and get enough sleep. 

Enjoy the holidays!

Kalish Law Office is having a food drive, now through December 20th.  Please come by our office to contribute non-perishable items to families in need! Thank you!

In collaborative law, the parties and their attorneys agree to resolve a divorce case using information exchange, private meetings, and creative solutions.  Information is freely shared. The parties sign a collaborative agreement, and they agree not to go to court, or threaten court. 

In collaborative law, there are a series of meetings. The parties and their attorneys, and possibly other professionals who are giving information, will attend. This is different that mediation, in which the mediator (an impartial third party), is in charge of the session and tries to bring about a settlement that day, if possible.

Other professionals may be consulted during the process, including CPAs, appraisers and financial advisors.  Some of these professionals may be familiar with the collaborative process and have had training or experience with it as well.

Once the parties have gathered and shared the information, the attorneys will prepare a divorce agreement.  The agreement will be presented to the family law judge and signed by him/her so that it will be legally binding and the couple will be legally divorced.

The process can be used in any divorce, and it works especially well in cases where the marital estate has a high value or there are complex marital assets such as royalties, foreign property, real estate holdings, pension plans, trusts and the like.  In such cases, the collaborative process is often the most financially feasible, because it saves time and legal fees and focuses on preservation of the parties’ assets.

If the collaborative process does not work, the parties’ attorneys are not allowed to continue to represent them. The parties must start over, with new attorneys.
When choosing a collaborative attorney, it is wise to choose a firm with experience in collaborative law.

Kalish Law Office has been representing clients in the divorce process for over 26 years. We have experience and confidence in collaborative law, mediation, and other creative and alternative methods of resolving disputes.

When two people are getting a divorce, they may often have excruciatingly embarrassing and damaging information about each other.  This is one reason that divorce cases are so difficult emotionally and why they are unlike any other lawsuits. Two people who knew each other intimately are now pitted against each other and have to make decisions about what personal information to share with others.

Consider the Tiger Woods divorce.  How many people now know details of Tiger’s private life?  I, for one, never wanted to know about this.  While the wisdom of his choices and the public’s thirst for sordid details have lead to many articles, posts and discussions, the fact remains that the private details of a man’s (and his family’s) life have been played out for all the world to see.

For a divorcing spouse in possession of negative information, the following questions must be considered:

1.      Will revealing the information help my case or just make me feel better?

2.      How will I feel years from now about the way I handled this case?  Will I regret not “speaking up?”  Will I feel I was too harsh?

3.      Will using or not using this information harm or help my children?

4.      Will using this information harm my professional image, or that of my spouse?

5.      Will refusing to reveal this information negatively impact my case?

6.      Will my decision about what to do with this information cost me more/less in attorney fees?

Sometimes using the information is necessary in order to fight for a fair share of the estate and the ability to survive financially.  In other cases, using the information may have such a negative impact on the business opportunities of one or both spouses that the financial strain will be felt long after the divorce is over.

When there are children involved, the parties should consider the potential impact on their relationships with both parents, balanced against the need to pursue the case more aggressively.  There times when there is not only a responsibility but a legal duty to reveal issues that may cause an unsafe environment for children.  Behaviors such as child abuse, possession of child pornography, and drunk driving belong in these categories.  In these cases, reporting to authorities may be required, and the court needs this information to adequately decide the case.

When “discovery” documents are served on a party, certain documents and things MUST be revealed. However, HOW this information will be used is a “case strategy” decision that a qualified, experienced divorce attorney must help his/her client to make.  Like every other good decision, it is arrived at by weighing the options, the pros and cons.   A good divorce lawyer will help you to decide what to do, with due regard for the time and money that you want to spend, the result you want to achieve, and the future that you want to create.  

Kalish Law Office has been providing divorce services to clients in The Woodlands, Houston, and Conroe area for over 26 years.

Technology certainly has made our lives easier. If you doubt that, just try to get through the day without your cell phone, BlackBerry or computer. If you are “not into all that”, consider your life without a cordless phone or answering machine. 

Technology has also made life easier for stalkers, controlling abusers, and perpetrators of family violence.

If have someone in your life that fits the above categories, pay special attention.  If you don’t, pay attention anyway because doing so will help you maintain the level of privacy that you desire.  This article applies to everyone, not just people who are in need of a protective order.

I am interested in this subject since I am a divorce attorney.  Since my firm has been providing divorce services in The Woodlands area for over 26 years, it’s pretty accurate to say, “we’ve seen a lot”.

If that obsessive person in your life wants to find out something about you through your cell phone there are several ways to do so.  First of all, s/he can have an app installed on your phone that will enable GPS.  In order to do this easily, s/he will have to either be the master account holder or an authorized account holder, or have access to your cell account by logging in.

Another way to do this is for someone to hack in and surreptitiously download spyware onto your phone.  The spyware can tell him/her a variety of things about where you are, who you are calling, etc.

There are also a variety of “friend tracking” technologies available.  In order to use these, the software will need to be installed on your phone, (and the phones of your friends or contacts).  After it is installed, the users can immediately see where their friends are located, by looking on their own mobile phone or computer.  Some of these technologies do not require GPS to be installed on the phone.  MOTTO:  Know what is on your phone, don’t allow anyone to play with your phone and don’t leave it lying around unlocked around people you don’t completely trust.

Default settings on your cell phone, which transmit your location, vary, depending upon the carrier and the make and model of phone that you have.  There are ways to activate privacy settings which only allow your phone to transmit your location during 911 calls.  

But all of that is pretty common knowledge these days, and requires some other person in your life to take some specific action.   What you should know is that there are other ways that people can get information about you and your whereabouts.  Even STRANGERS.  And YOU are the one who is providing that information to the entire world.

When you snap pictures or send Tweets or status updates from your smartphone the pictures have “geotags” on them.   These geotags don’t show up on the picture or Tweet, but they are embedded data (“metadata”) that can be read if the user has the tools/savvy to know how, or cares to find out.   If you are sending a picture of The Statue of Liberty and tweeting about your vacation you may not care.  But what if you have just taken a picture at home? Or at your children’s school?  Do you really want to broadcast all that information to an audience that may include wackos and stalkers?

The website Icanstalku  provides detailed information about stalking through cell phones, and information about how to turn off geotagging functions on various phones. http://icanstalku.com/ 

As the dangers of privacy invasion become more obvious, some of the status and photosharing sites are now making changes so that the geotags are supposedly wiped off prior to internet posting.  But not all of them are there yet.

Employers who provide cell phones to their employees may also use this information in order to track employees for various reasons.

If you have children or teens that are using cell phones it is important to be sure that they are aware and protected as well. You should educate yourself about the model of phone your child has and what information your child is broadcasting from that phone. 

Kalish Law Office has been providing legal services in divorce, family law and business to The Woodlands, Conroe and Houston area since 1984.  We urge you to always be careful about any private information that you choose to share. http://www.kalishlawblog.com/ 

If you are, or may be involved in a case involving divorce, custody, visitation, or child support, it is not too soon to begin gathering proof. It is easy to forget to save things or document events when you are caught up in your day-to-day routine. Here are some ideas about what may help you later on.

1.      Potential Divorce: Bank statements, credit cards bills, deeds. Any documentation showing assets or liabilities. Copies of insurance policies, 401k plans, your spouse's paycheck stubs, employment contract, profit-sharing plan, and copies of your tax returns for the last 5 years. Keep copies of these important documents in a safe place, especially if you believe that your spouse might try to keep them from you. Even though you will be able to request them through the discovery process once you have filed the divorce, it will cost time and money. If you are able to get them in advance you will know what you are dealing with financially and will be able to provide your attorney with copies at your first meeting. If you are alleging infidelity fraud you should keep copies of evidence to support your charges. And, most importantly, if you are physically abused, police and/or doctor's reports will provide evidence that it was severe enough for you to take action to protect yourself.

2.      Child Custody/Visitation or Modification of Custody/Visitation: Photos, letters, and emails that support your position about what would be in the best interests of your children. If your child's other parent is not a good caretaker or lives a lifestyle that is dangerous to the children, keep a diary of events and information with dates and times. Remember to practice good parenting skills, which means not degrading the other parent to the children, not asking the children to spy on their other parent, and not giving them information that is unnecessary or inappropriate for them to hear.

3.      Child Support: Keep good records on the amount of child support you received or paid. Be ready to show expenses to document what the children need, or how those needs are already being met. Keep good records of your own earnings and expenses to help demonstrate the financial picture of the family. If your child is a child with special needs, be ready to demonstrate those needs with school records, medical or psychological records, or witnesses such as tutors or teachers.

The most important thing to remember is that you will need to tell your story to someone who doesn't know you or your family. Do your best to lay the story out in a chronological, understandable fashion. The more objective proof that you present, the better chance you will have of settling or winning your case. A coherent, organized file will help attorneys, mediators, and the judge to understand your story and your goals.

Don’t be afraid to have a consultation appointment with a family law attorney as a means of “advance planning.”   Your decision regarding whether or not to take legal action is a serious one, one that will affect your life and the lives of others.   If you are having trouble making a decision, remember that “inaction” will have benefits and consequences just like “taking action” will.  For that reason, you should seek information and assistance when you need help understanding options or making a decision.  

At Kalish Law Office in The Woodlands, our divorce and family law attorneys can help you clearly understand your options.

Domestic abuse, also known as spousal abuse, occurs when one person in an intimate relationship or marriage tries to dominate and control the other person.  Domestic abuse that includes physical violence is called domestic violence. (www.helpguide.org)

 Control over another person can be in the form of physical abuse, or it may be emotional.  Control can also be financial, especially when one partner deprives the other partner of basic necessities.  Financial abuse can also occur when one partner keeps all of the family finances a secret, or takes complete control of everything and makes all decisions.

 Men who are victims of abuse, especially physical abuse, may have difficulty admitting it and asking for help.  Abused men need and deserve help.  In fact, men can be particularly vulnerable to abuse because of the stereotypes that exist.  A man in need of help may feel ashamed and vulnerable if he tries to report the abuse to law enforcement or a help center.

 Abuse happens in all economic classes and communities. 

 When one partner is vulnerable due to low self-esteem, a physical or mental disability or handicap, illegal immigration status, or lack the ability to earn his/her own money, an abuser will use that to terrify, frighten and intimidate.

 If you, or someone you know is a victim of abuse, you should be aware of the following:

1. There are shelters and community resources available
2. You can seek legal help from a private attorney or a non-profit group
3. Documenting physical abuse by calling the police, taking photos, and seeking medical or psychological care can help prove your case
4. You can seek legal help to plan ahead, even if you are not ready to take action yet
5. You should know about safe places that you can go
6. You can seek a protective order from a court, when appropriate. However, you still must look out for the safety of yourself and your children
7. If you are an immigrant who is married to a U.S. citizen and have been subjected to battery or extreme cruelty, you may be able to benefit from VAWA (Violence Against Women Act) and apply for residency
8. Staying "for the sake of the kids" is risky, and your children are at psychological risk, not just physical risk
9. No one deserves to be abused, ever

Well, here I am, back on one of my favorite subjects, “how to choose a lawyer.”  I guess that the reason that I like to write about this subject is that it is the one that I get asked about most frequently.   

In choosing a lawyer, as in many other aspects of life, it’s all about balance. 

You want a lawyer that has a good personality, and one that you enjoy working with or talking to, but one who can represent you aggressively when the situation calls for it.  (You want “Nice” but not “Wimpy”.)

You want someone who is not afraid to stand up for you, and insist on your rights. But you don’t want someone that will argue just for the sake of argument   (“Strong”, not “Beligerent”.)

You want an attorney and staff who are open to your ideas, but able to stand up to you and give you an honest opinion and clear direction. (“Open minded”, not “Wishy-washy”.)  

You want someone who will be responsive to you and will keep you up-to-date. But you don’t want someone who will put everything aside every time any client wants to talk.  (“Responsive”, not “easily distracted”.)

And, while you want someone who you can afford, price shouldn’t be the only criteria.  Look for a reasonable price that falls within the range of what is charged in your geographical area for that type of case, by attorneys with the particular level of experience.  An attorney who refuses to cut the price or service when it will negatively affect your case is actually doing you a favor.