Topics covered include: Open communication with your attorney, Attorney-client confidentiality.
Kalish Law Office The Woodlands, Texas Divorce Attorneys - Since 1984
Family and Business Attorneys
Topics covered include: Open communication with your attorney, Attorney-client confidentiality.
Kalish Law Office The Woodlands, Texas Divorce Attorneys - Since 1984
Houston Relationship Therapist Gina Gheller interviews our attorney Bob Kalish about divorce dos and don'ts. Topics discussed include: Is property always divided equally? What if one spouse stays home to care for the children? What if one spouse puts another through school? How can a therapist help? What not to discuss with the children, Learning to communicate with your ex.
Can you really ever prepare for a divorce? Although people handle divorce differently, you can do some advance preparation from a legal point of view. It is harder to prepare emotionally, even if you are the one who desires the divorce, and even you know that it is the only option. Counseling can help prepare you for the emotional ups and downs that follow.
Legally, there are some things that you can do to get ready. Many people try to "tough it out", not asking for help or advice and hoping that everything will fall into place when the time comes. But having a legal consult well in advance can help make things easier for everyone.
At a legal consult, you can discuss:
1. What are the options for dividing the property?
2. Are any of the property, accounts, or debts likely to be considered one spouse's "separate property"?
3. How can a family business be divided?
4. How can bonuses that are earned, but not yet paid be divided?
5. What might happen with income tax liability or an income tax refund?
6. What amount of child support am I likely to recieve/be required to pay?
7. What are the options for custody and visitation?
8. What about dating during the divorce?
9. How do I deal with issues of cruelty or infidelity in the marriage?
10. How long does it take to file the paperwork?
11. How will my spouse be notified that I filed?
12. How much does it cost?
13. How long does it usually take to get divorced?
14. How do we do this without missing payments on the house or car?
15. Will I be able to move away with my children after the divorce?
16. Can I buy a home or refinance our home while I am getting a divorce?
17. What if we can't come to an agreement and have to go to trial?
The initial consult can help you understand all of your options and help you decide if you are really sure that you want to proceed. Everything that you discuss is confidential, and you don't have to proceed with a divorce. You can go away and think about it and return later, or never.
If you are contemplating a divorce, don't be hesitant to learn all that you can to help in your decision-making process.Kalish Law Office "Passionate, Professional and Personal. We Make the Difference". Since 1984.
The Texas Attorney General Child Support Division exists to collect child support for Texas children. Child support evaders who go "underground" to avoid making child support payments may find their photos and descriptions on the Texas Attorney General website. The Evaders program asks for help in finding these child support evaders and features a toll-free number to call with information.
Other consequences of non-payment of child support can include:1. felony criminal prosecution and jail in some cases
2. confiscation of tax refund
3. inability to renew Texas Driver's License
4. inability to renew passport or negative effect on immigration status
5. civil warrants and lawsuits
6. liens against property
7. loss of respect
Orders to pay child support are valid and should not be ignored. The moral obligation to support a child should be enough but everyone should be aware that there are very serious legal consequences as well.
Kalish Law Office, The Woodlands, Texas "Passionate, Professional and Personal. We Make the Difference." Since 1984
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.
In this video, our attorney Sio Ramirez Pitre is interviewed by Houston relationship therapist and examiner.com columnist Gina Gheller about children and divorce.
In Part II, geographical restrictions in a divorce decree are discussed. These are court orders which state that a parent cannot move out of a certain geographical area with the children, unless there is a modification of the order. The reasons for these limitations are discussed. There is also a discussion about children who decide they do not want to visit the other parent. Other subjects covered include the right to go back to court for a modification of custody and visitation, modification of child support, and what can be done about parents who drink while visiting with the children.We hope you find this informative and interesting!
Kalish Law Office: 26009 Budde Rd, Ste. A-100, The Woodlands, TX 77380 "Passionate, Professional, and Personal. We Make the Difference" Since 1984
281-363-3700
A "morality clause" is a clause that is placed in a divorce decree which states (as a court order) what a divorced parent is or is not allowed to do around the minor children. Typically, the clause will state that the parent is not allowed to have an adult of the opposite sex (or the same sex in certain circumcustances) who is unrelated by blood or marriage to spend the night.
Here is a video of our divorce and custody attorney Sio Ramirez Pitre as she is interviewed by Houston relationship therapist Gina Gheller regarding divorce and custody. Part I http://exm.nr/wLloId
Whether or not to get a divorce can be a difficult decision to make. Sometimes a person who is in a bad situation may agonize over the decision for years, going back and forth about what to do – only to wake up one morning and know that now is the time to act.
If you are in that situation, you should be aware that there is a waiting period in the State of Texas. A divorce will not be finalized until at least 61 days after it has been filed. Between the filing and the finalization, other steps must occur.
1. The non-filing party (respondent) is entitled to proper legal notice. Generally, that person must either:
2. The case must be “proven up” by being heard by the judge (in some cases only one party appears, in other cases there may be a full trial with a judge and possibly a jury).
3. The judge must approve and sign the order that officially divorces the couple.
4. Additional possible requirements: If there are children involved, each party will need to take a parenting class. If the case is contested, mediation may be required.
The amount of time that a case takes depends on the complexity of the case, whether there are children or property involved, the rules of the county/court in which it is filed, and whether the parties are in agreement about the divorce and final terms. How quickly a final hearing date can be obtained will depend on other practical matters, such as the court’s schedule, schedule and availability of the parties and their attorneys, and the amount of time that it takes to draft, review and sign the necessary documents.
Kalish Law Office The Woodlands, Texas; "Passionate, Professional and Personal. We Make the Difference." Since 1984.
QUESTION: “I am getting a divorce and we only own one car. I need my car to get to work. Can my spouse take it during the divorce”
Questions about vehicles are common during a divorce. Who gets to keep the car is going to be decided on a case-by-case basis.
The first piece of information that is needed is this: Who owns the car? Even if the two of you are married, the car might be the separate property of one of the spouses. “Separate property” means more than just which spouse is on the title or is paying the loan. There are specific legal guidelines as to whether a piece of property is “separate” and property law varies from state to state.
If the car (or any other piece of property) actually belongs to the two of you, then you both have the right to it. This means that you have to either work something out by an “informal” agreement between yourselves or go to court to get an order from the judge that says what you can and cannot do with the car and other property while the divorce is pending.
The purpose of temporary orders is to “preserve the status quo” while paying attention to the rights of the parties and the good of the children, if any. This means that the goal is to get through the divorce with the least damage possible financially. Therefore, it would be unlikely that a judge would order the spouse who has a job to give up a vehicle and risk losing the family’s only source of income. However, the decision will have to be made with regard for the rights of both parties and the children, especially if someone in the family has a serious medical condition or special needs.
You will need to plan especially carefully about how and when to file for divorce (and how to serve your spouse with the papers) if you believe that your spouse may take your vehicle, money or property and try to hide them from you. Be sure that you discuss these things in advance with your attorney so that you are able to protect your rights.
Kalish Law Office, since 1984. www.kalishlawtexas.com 281-363-3700
Welcome to the New Year. My wish for everyone reading this blog is that you can feel the energy and possibility that the New Year brings. If you are going through a difficult time right now the beginning of a new year may create a feeling of apprehension, hope, or a blend of those feelings, and understandably so.
The New Year is a good time to take stock and get organized. It’s a good time to act upon something that you’ve been putting off, evaluate a situation you’ve been ignoring, and look for ways to improve your life. Don't put off doing the things that you want or need to do.
Poet Edith Lovejoy Pierce wrote: "We will open the book. Its pages are blank. We are going to put words on them ourselves. The book is called Opportunity and its first chapter is new Year's Day."
