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.
Divorce is difficult and emotionally taxing, even when the economy is stable. Added to the already overwhelming financial stress that some families are already experiencing, it can seem like an insurmountable burden.
Divorce and business downsizing have a lot in common. In both processes the principals involved must analyze their assets and debts, strengths and weaknesses. In both processes honest evaluation, flexibility, organization, and planning are essential in order to have a reasonably acceptable outcome. In both processes there is anxiety, loss, and finally, a new beginning.
The process is made more efficient, perhaps even a little less painful by a willingness to accept personal responsibility, simplify, economize, and ending relationships (whether business or personal) that are no longer working.
Although emotions are likely to be running high, it is always important to step back and take a deep breath. Having family, friends, and professionals on your side that can be trusted to be honest with you while remaining supportive is important.
Information gathering is essential. It is never too soon to gather information and look at all of your options. This is especially important if you have complicating factors such as a family run business, high assets or a complicated financial picture.
Divorces can further be complicated by such factors as immigration issues, a child with a disability, or a non-traditional family structure.
A law firm with the expertise to “cross over” into various areas to assist you with the entire picture can make the process easier to handle.
Kalish Law Office 281-363-3700 The Woodlands, Texas www.kalishlawtexas.com
“Passionate, Professional and Personal. We Make the Difference” Since 1984. Divorce, Family Law, Business Law, Family Immigration, Non-traditional Family Law, Real Estate and Probate
Serving Montgomery, Harris, Walker, Waller, Fort Bend and surrounding Texas counties
An uncontested divorce is one in which both parties are in agreement about what is going to happen, and they cooperate in the process. Therefore, it is less expensive than a contested one and is completed more quickly.
In an uncontested divorce, the parties are in agreement about the issues (division of assets/debts and custody/support/visitation of children). Since they are in agreement, the court does not need to make the decision for them. (However the court will still need to approve the final decree.)
Many divorces start out as uncontested ones, but become bitterly contested along the way. Here are some tips to keep your divorce uncontested and moving along.
There are some situations in which the above strategy doesn’t work. For instance if your spouse is engaging in behavior that is harmful to himself/herself or others (especially your children), if your spouse is wasting marital assets, not paying debts, or is being physically or emotionally abusive to you. In those cases it may be wiser to take legal action, even if the divorce takes longer.
You should never agree to terms that you know you cannot live with just to get the divorce finished. You will live to regret it later, and may have to spend thousands of dollars to “fix” the problems.
Your divorce attorney can guide you through these difficult decisions. When emotions run high, it is best to take a deep breath and consider the whole picture, rather than acting rashly and saying things that you will later regret.
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.
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.
