KalishLawTexas' legal blog The Woodlands

0

3 Oct 2011

Do-it-yourself Divorce: Should you consider it?
- Edit
- Delete
- Tags
- Autopost
Everyone wants to save money these days. When things are tight, it can be difficult to put aside anything for “a rainy day”. Those “extra” expenses such as a major repair to the car, a new refrigerator, or an unanticipated medical expense can be tough to cover. So can legal fees.

“Do-it-yourself” divorce may seem to solve those problems. There is the hope that it will be cheap, fast and relatively hassle-free. However, there are some situations in which trying to save money may either complicate matters or make the process more stressful.
Here are some situations in which you would be well-advised to consider hiring an attorney to help you:
1. When your divorce is contested
2. When one of the parties alleges “fault in the breakup of the marriage”
3. When one of the parties wants more than 50% of the marital estate
4. When there are significant assets, especially those that are difficult to value, split, or agree on
5. When there is a family business
6. When there is a retirement plan, stocks, government benefits, or the like that must be split by court order
7. When one of the parties is disabled, or has significant mental or physical issues
8. When a child of the marriage has special needs
9. When the parties do not agree on visitation, child support or custody
10. When you are going to be the recipient of child support, and the amount of your spouse’s income is difficult to prove (example: s/he is self-employed)
11. When there is a fear that violence may erupt
12. When there is a fear that one of the parties may take, waste or destroy assets when the divorce is filed
13. When there is a fear that one of the parties may try to flee with the children, especially to another country
14. When there are significant debts to be paid, and no realistic expectation of being able to fully pay them now or in the future
15. When there is a need for spousal support
16. If you want to be able to have face-to-face meetings with an attorney who will guide you through the process
Before you opt to do-it-yourself, be sure that you evaluate all of the above carefully. Getting a divorce is about more than the process of drafting and filing paperwork and having a judge sign it. You may need the face-to-face interaction that an attorney can provide.

If there is an amicable agreement with little or no property to divide, few or no debts and no children, a do-it-yourself divorce may be right for you.

Kalish Law Office www.kalishlawtexas.com Texas Divorce and family law since 1984
- views
0

15 Jun 2011

What to Expect at Your Uncontested Divorce Hearing
- Edit
- Delete
- Tags
- Autopost
Texas Uncontested Divorce:

If you and your spouse have worked out an agreement and signed it, you will still need a hearing in court for "prove up" of the divorce. At this time, one of the parties will testify under oath in front of the judge.

Let's assume that you are represented by lawyer, and that you and your spouse have children together.   You have reached an agreement about property, custody and visitation and you have both signed it. You are taking a deep breath, knowing that it is almost over. Your spouse has signed a waiver indicating that s/he is not going to attend the hearing, so it will be up to you to go to the courthouse and finish it.

Scheduling the Hearing:

First of all, your Texas divorce must be on file for at least 60 days prior to the final hearing. Although some couples have thought it through, prepared well and are ready to go earlier, the hearing still has to occur after the 60th day. This is Texas law.

In some counties, it is not necessary to schedule a hearing in advance. You and your attorney will simply show up one day at the appointed time for uncontested cases and sign in on the "uncontested docket" sheet.   In other counties your attorney will have to request a specific date and time well in advance. Depending on the court, this request may be made by telephone, by formally filing a request, or by e-filing a request. The agreement will generally have to be prepared and signed before a hearing can be scheduled.

Before the Hearing:

Your attorney will prepare her file in advance of the hearing. She will be certain to have a copy of the petition and any other important documents that were filed in the case. She will make certain that the final agreement is properly prepared and signed, that a final order is ready for a judge's signature and that any other necessary paperwork or forms are ready (such as forms for the Bureau of Vital Statistics, child support withholding orders, or other forms specific to that county, etc.).

At the Hearing:

When you are called to approach the judge you and your attorney will do so. The questions that you will be asked in an uncontested divorce will be ones that you know the answers to, so try not to be too nervous! The questions will lay out your story for the judge by stating your name, how long you have been married, when you separated and whether you and your spouse have agreed and signed the paperwork, among other basic questions.   If you have children, you will tell the judge that you and your spouse have agreed on child support and visitation. The judge or your attorney may ask for a bit more detail (amount of child support per month or information about where the children will be staying).

A divorce is granted in Texas when all the proper requirements have been met and there is “no chance of reconciliation.” Therefore, you will need to be able to testify that there is no chance of reconciliation. (This does not necessarily mean that one party may not wish that there were a reconciliation, just that there is no reasonable expectation of a reconciliation at the time of the testimony.)

In most cases your testimony will take about 5 minutes.

After the Hearing:

Your attorney will assist you in getting a certified copy of your decree and discuss any other pending issues to wrap up your case.

It is normal to be anxious and emotional when appearing in court to end a marriage. However, knowing what to expect in advance can help.
- views
0

11 Jan 2011

The 60 Day Waiting Period for Divorce in Texas (yes, that includes uncontested divorce)
- Edit
- Delete
- Tags
- Autopost
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
- views
0

15 Dec 2010

Will Your Divorce be Uncontested?
- Edit
- Delete
- Tags
- Autopost
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.
1. Be considerate when discussing your new life. Even if you both want the divorce, there will be sadness and loss associated with the changes that are being made. Try to be sensitive when discussing your new job, living arrangements or dating goals.
2. Be careful about how you handle new friendships or dating relationships. Openly dating before the divorce is final can be risky, especially if you take your date around your children.
3. Respect your spouse’s privacy. If you are living separately, give your spouse the courtesy of a phone call when you plan to visit. If you are still sharing the same house, respect your spouse’s territory and things and ask that s/he do the same for you.
4. Don’t make unilateral decisions about joint issues. Don’t decide who gets the living room furniture or the family pets, or which debts are going to be paid without allowing your spouse a chance to be heard and have imput into the decision.
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.
- views

Search
Sites I Like
Tags
Archive
- 2012 (19)
  - May (2)
  - April (3)
  - March (4)
  - February (5)
  - January (5)
- 2011 (73)
  - December (4)
  - November (6)
  - October (7)
  - September (6)
  - August (6)
  - July (4)
  - June (5)
  - May (8)
  - April (4)
  - March (7)
  - February (8)
  - January (8)
- 2010 (98)
  - December (5)
  - November (6)
  - October (7)
  - September (7)
  - August (11)
  - July (10)
  - June (7)
  - May (7)
  - April (5)
  - March (10)
  - February (13)
  - January (10)
- 2009 (5)
  - December (5)

3 Oct 2011

15 Jun 2011

11 Jan 2011

15 Dec 2010

Search

Sites I Like

Tags

Archive

KalishLawTexas' legal blog The Woodlands

Get Updates