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6 Jan 2011

Remarrying After Divorce: The 30 day Waiting Period in Texas
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Although many states do not require a divorced person to wait before remarrying, the State of Texas does. There is a thirty day waiting period. During this time, either party to the divorce can appeal the divorce decree and the divorce will be “reopened”.

In addition, if one of the parties decides not to wait the entire thirty day period and remarries too early, the new marriage is “voidable” and may be challenged by one of the parties to it for a period of time.

In most cases, people can and do wait until at least day 31 to tie the knot again.

For those who have had a bitter divorce waiting is especially good advice to prevent potential problems from the “ex” spouse. Texas is a community property state, so any material change in assets during the 30 day period may cause the “ex” spouse to question whether the property was owned prior to the divorce, or rethink other issues (whether there was fidelity during the marriage), rather than moving on to the future.

In some cases, you can ask to have the 30 day waiting period waived by a judge. A Texas divorce attorney can help you with that.

In short, under Texas law in most situations it is best to hold off until at least day 31 to remarry, even if you and your spouse have lived apart for quite awhile.

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
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1 Oct 2010

What is Collaborative Law and Can I Use it for my Divorce?
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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.
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28 Sep 2010

Mediation and How it Can Help Your Case
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Mediation can be either court-ordered or agreed. In mediation, an impartial observer listens to the parties and helps them talk with each other to find points on which they can agree.

Mediation often leads to settlement of the case. When it doesn’t, it will usually provide useful information and help the parties clarify issues. The mediator will insist on an attitude of respect. The parties are not allowed to use abusive language but are allowed to state their opinions and feelings in a controlled manner.
A skilled mediator can quickly draw out the most important issues in the case. In addition to the statements made by each party at the outset, the mediator will be listening carefully for other “minor” issues that may not be minor ones after all. The parties will discuss the reasons behind their positions and they are often surprised to find that they better understand their opponent.

Mediation works especially well in family law and business cases, although it is used in a variety of other cases as well. When it is court-ordered it is not an option. It is often voluntarily chosen because it gives the parties an opportunity to “have their say” in a less restrictive and rule-oriented venue than a courtroom, and has a very real possibly of leading to a reasonable settlement.
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31 Aug 2010

How to Respond to Discovery in Your Lawsuit | The Woodlands, Texas Lawyers
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Kalish Law Office | 25907 Oak Ridge Drive | The Woodlands, TX 77380
Phone: 281-363-3700 |

If you are involved in a lawsuit, you may find that you have to answer discovery requests.
The “discovery period” in a suit is just what it sounds like; a time for the parties to find information and organize it for use in the case. Ah, finally a legal term that actually makes sense!

One type of discovery is a deposition. If you have one of those scheduled, you should prepare for it in advance. Your attorney will talk with you about what type of questions to expect, and whether you should bring any documents, computer files, photos, etc. to the event.

Most discovery is done on paper. A commonly used discovery document is called Interrogatories. Once again, they are just what they sound like they should be; questions.

It is important to work with your attorney as a team when you are answering interrogatories. That doesn’t necessarily mean that you need to sit down together to answer them (although you might).   But it does mean that teamwork is essential here. You have first-hand knowledge of events that your attorney does not have. You will need to supply the who, what, where and when. Your attorney will be responsible for making sure that the proper legal format is followed, that the important issues in the case are brought out, and that all of the facts are presented in a light that is most favorable to you. (= advocacy!).

You may also be asked to produce documents and items in your case. This is called a Request for Production. Again;   be on time, be honest, be complete, take it seriously, and ask questions if you don’t understand.

You may also be required to answer a Request for Admission”, and you will be asked to admit or deny a list of statements which are presented to you on paper. It is crucial that these answers be promptly answered. Refusing to answer or answering too late is treated as an “admission”, which will help the other side make their case against you!

Some discovery requests deal with “legal theories” of the case, and these questions will be answered with your attorney. Your attorney will also be able to deal with any requests that are improper or irrelevant.

A few warnings about discovery: You can be penalized by the judge if you are not truthful or complete in your answers, if you refuse to answer, or if you are not on time with your answers.   You may have to pay some attorney’s fees for the other side.

You should always be prompt with your answers to discovery. Get them in your attorney’s or paralegal’s hands by the date you are requested to do so. This will allow him/her to review the answers and schedule a meeting with you, if necessary. The paralegal will have time to prepare drafts for review, and then prepare and proofread the final copy for signatures.

The purpose of discovery is to promote information exchange, lead to possible settlement/ intelligent preparation for trial, and to save time in court.
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