KalishLawTexas' legal blog The Woodlands

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3 Apr 2012

Can you Really "Prepare" for a Divorce?
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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.
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2 May 2011

Foreclosure as the Last Option
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If you are having trouble paying your mortgage, you are not alone.

The good news (and we can all use some in this economy!) is that there are other options available.
While the prospect of losing a home to foreclosure is almost too upsetting to think about, it is worthwhile to know your options. Gone are the days when refinancing was the only viable option. These days your mortgage company may be committed to helping you avoid foreclosure, which is an expensive option for everyone involved.

Here are some other options:
1. Modification of the existing mortgage. The terms of the existing mortgage can be modified by agreement of all the parties. This can be accomplished privately on your own, with the help of an attorney, or through the U.S. Treasury Department’s Home Affordable Modification Program (HAMP)
2. Forbearance. Your mortgage company may agree to temporarily suspend monthly mortgage payments or to reduce them because you are facing a special, short-term hardship (death of a spouse or family member, health issue). There are special forbearance options available to persons who need help because of the death or injury of a spouse in active military duty.
3. Negotiation of a Repayment Plan: This is an agreed plan to help you catch up on past due amounts.
4. Deed in Lieu of Foreclosure: In this option you deed your property over to the mortgage company rather than forcing the mortgage company to pursue an expensive foreclosure, which would appear on your credit report as a foreclosure. In this option you may be able to lease back your home for a specific amount of time and continue to live there.
5. Sale of the Property: Although this can be difficult to accomplish, you may be able to do it if you are willing to price your property to sell, even if it means losing some of your investment. You also should be ready to assist your realtor in any way possible, by making recommended cosmetic changes within your budget, getting the word out through your own networking contacts and being open to suggestions for moving the property.
If you are having trouble paying your mortgage now, or are behind, don’t wait until it is too late to take advantage of other alternatives. An attorney who is knowledgeable in real estate law and familiar with your geographic area can assist you in deciding on what options you should consider. A consultation is well worth your time, as you will leave the law office armed with knowledge that is tailored for your particular situation.

Bob Kalish has been practicing real estate law since 1984. Kalish Law Office is located in The Woodlands Texas, north of Houston 281-363-3700.
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23 Feb 2011

Five Ways to Save Money on Legal Fees
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So, it's finally happened. You have no choice; you have to consult with a lawyer. Everyone knows legal fees can be expensive, but what everyone doesn't know is that there are ways to save money on legal fees.

•1. Get a consultation. A good legal consultation is essential and well worth paying for. This 30 -60 minute block of time is going to help you decide the course of your entire legal situation. This is your chance to ask questions, get information, and evaluate the lawyer and law firm. In short, you are going to be a thirsty sponge, soaking up all the information you can get, and using it to make intelligent, informed decisions

•2. Organize yourself. Take notes, snap pictures, keep a diary, separate papers by subject and date into folders. Make a summary of events. The more information that you condense for use by yourself and your lawyer, the better chance of success. Your intelligent "summaries" will help save you legal fees. Don't ever give your lawyer unorganized "shoeboxes" full of junk to wade through. Organize it yourself, you'll save legal fees.

•3. Don't give tons of unnecessary information. Trying to help, clients may give reams of paper or stacks of disks that are irrelevant and unrequested. The lawyer will spend many billable hours reviewing information that isn't necessary and then will have to charge for his/her time. The same goes for repetitive information given by email or phone.

•4. Do for yourself when you can. In some cases, you may not have to "retain" a lawyer to handle something, but may choose instead to visit the attorney periodically for assistance in handling the matter yourself. (Example: taking your own case to small claims court, negotiating changes in a contract you have been given, or collecting a judgment you've won). Even if you have retained a lawyer, try to complete paperwork on your own first, rather than spending billable hours reading it for the first time while your lawyer sits and watches you. Make a "working copy" for yourself, and a "clean copy" that you can use in case you have to meet with your lawyer again.

•5. Don't "do for yourself" when it makes the situation worse. We've all heard the expression "pay me now or pay me more later" (I've had a plumber and an auto mechanic tell me this- it was true). It can apply in a legal situation. There are certain times when you absolutely should not be handling your own case. (Example: when you have to file documents with the court that you don't have the training to prepare, when a lot of money or emotional well-being is at stake, and when you are too emotional or exhausted to do yourself justice.) There is a reason for the phrase "The lawyer who handles his own case has a fool for a client". We even hire each other when we have to! Recognize those times and hire a lawyer before damage is done.

Following these few guidelines can significantly reduce the amount of money spent in legal fees!

Kalish Law Office has been representing businesses and families for over 26 years. www.kalishlawtexas.com 281-363-3700
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KalishLawTexas' legal blog The Woodlands

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3 Apr 2012

Can you Really "Prepare" for a Divorce?

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2 May 2011

Foreclosure as the Last Option

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23 Feb 2011

Five Ways to Save Money on Legal Fees

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