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Let Us Help You with Divorce Law Using Our Checklist Today
Preparing for Divorce
Even if your divorce will likely make your life better and more peaceful, the actual divorce process is no picnic. It involves strong emotion and significant pain. It is important that you do not let pain (or the avoidance of pain) guide your actions because it will only hurt you in the long run. Acting out of ignorance, fear, pain, anger, and stress is usually counter-productive to the underlying goal of the case. There are legal processes and consequences of divorce that you cannot imagine (just ask anyone who’s already gone through it). You will have emotional thoughts, and if you act on them, you can make things worse. Ask us how you should act in a given situation if you are confused. We have seen it all and almost assuredly have a good answer for you.

Hire and Consult with an Attorney
Some people use the online system to do their divorce to save money. While this can work in some cases, I often find that the male spouse is the one pushing to use the “cheaper alternative”. I also find that it is the female spouse that usually gets “the short end of the stick” by not having the advice of an attorney. I have had well over 50 cases where clients came to me to fix the mistakes in their paperwork from the online court assisted program. If an attorney is offering a free consult (which we do), then why not at least consult with an attorney?

Prepare to Share the Children and the Money
Regardless of who has served as the primary caregiver of the children in a marriage, it is more likely than not that you will see your children less after a divorce. The simple fact of the matter is that you are now giving your children to your spouse for days and weeks at a time where you will not see them. This will be difficult. Now think about the money. You will be taking the combined income of both parties and running two households on that money. Since most couples spend most of the money that is earned, this will also be very difficult financially.

Take the High Road
Being a jerk to punish the other spouse only makes you look bad, and places your selfishness above the best interests of your children. Unless abuse is involved, let your spouse see the children. Work together through a third party if you cannot get along. Pay child support and spousal support where appropriate. Be as civil as possible. The only person that wins from you fighting with your spouse is me as your attorney. Why pay me more to fix a fight that didn’t need to be started in the first place? However, if fighting is the only option and you have one of “those” spouses, make an appointment as soon as possible so I can steer your efforts in the best way possible. Do not engage in threats, profanity, or any drama with the spouse. Any violent act you commit or threaten to commit will not only look bad, but possibly get a protective order placed against you. This will affect your ability to see your children, go to your home, carry a gun, etc.

Save Money for Your Divorce
Even a simple divorce will cost about $1,000 since you will pay $318 just to file the case. We can sometimes get this filing fee waived in special circumstances and we are willing to take payments, but it can still be a burden. If you need to hang around in a marriage in order to save up, that is a better option than trying to do it yourself or running out of money (unless of course your safety is at risk).

Get Copies of All of Your Financial Records
You need to prove to the divorce court what your needs and expenses are. Keep track of your expenses and have copies of old check stubs and tax returns from your spouse.

Start Keeping Track of Your Own Bills
If your spouse has been the one who pays the bills, that will change at some point in the divorce. Don’t assume that the bills will still get paid on time or in full. Money gets tight, people act like jerks, and your spouse may simply stop paying the bills. Even if a court order requires your spouse to pay some of the bills, that does not prevent creditors from coming after you for joint debt. Failure to pay bills on time will damage your credit, making life after divorce difficult for you. One of the reasons we do divorce and bankruptcy is because the two will frequently go hand in hand. Try and protect yourself so that this does not happen to you.

Document Your Personal Property
It is common for a spouse to take stuff, sell stuff, give away stuff, or simply destroy stuff. Videotape your home and get a detailed inventory of the personal property you own. Should your spouse later claim that things have mysteriously gone missing, you will have rock-solid proof to the contrary.
Take care of anything that is expensive or cannot be replaced. Do not sell these items. Take them some place safe and secure them. You will eventually have to disclose where they are, but you won’t get in trouble for keeping them safe from your spouse.

Hope for the Best, but Prepare for the Worst
Divorce is a highly emotional time. A stipulated divorce can turn ugly. A truly messy divorce can suddenly settle. The key is to act accordingly and find an attorney that will do the same. Many attorneys simply fight. This runs up your bill and only benefits them. Some attorneys just want to settle the case even if you will regret it later. Find a nice attorney who has the ability to be to turn that switch off if the fight gets serious. There is no use in fighting when you don’t need to and no use in giving in when you needed to fight.

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All Insurance Disputes
No-Fault Insurance Benefits

A No-Fault automobile insurance system provides benefits to persons injured when an automobile accident occurs. No Fault guarantees payment of your medical bills, lost wages, help around the house, travel to your doctor’s office, and even, in some cases, home modification. Under some state law, insurance companies are not required to advise you of the benefits owed to you! Any delay beyond one year from the date of the accident can cause you to lose all benefits that may be available to you. The No-Fault law and the court cases interpreting this law are complicated. We handle these cases every day. If you have been injured in an automobile accident, call us today so that our experienced attorneys can start working for you. We offer a free consultation and there is no fee until we are successful in obtaining a recovery for you. The failure to act promptly may bar your claim from compensation.

Fire Loss Claims (Home & Auto)

A house fire can be a devastating event to your family. The filing of a claim with your insurance company is no guarantee that you will be paid. The insurance companies have set up a confusing array of conditions which allow them to unjustifiably deny your claim, and even accuse you of arson, fraud and/or misrepresentation. When you have lost your home and your personal possessions, you do not need to deal with an insurance adjuster calling you a fraud and a cheat. You should be aware that you should not give a statement to the insurance company without first contacting experienced attorneys such as our firm so that we can help you protect your rights. Timely presentation of your claim and investigation is critical. We have helped families and business owners weave through the intricate red tape so that their insurance claims are brought to a successful conclusion.

We offer a free consultation and there is no fee until we are successful in obtaining a recovery for you. Don’t get hurt twice, call an experienced attorney to investigate and pursue your claim today.

Auto and Property Theft Claims

The shock of having your car stolen can be magnified when your insurance company denies your claim. To add to your misery, you may have to continue to pay for your stolen car and for a replacement car while the insurance company “investigates” your claim. Unjust accusations of arson, fraud and/or misrepresentation may add to your family’s hardship. The filing of a claim with your insurance company is no guarantee that you will be paid. The insurance companies have set up a confusing array of conditions which allow them to unjustifiably deny your claim, and even accuse you of arson, fraud and/or misrepresentation. When you have lost your car, you do not need to deal with an insurance adjuster calling you a fraud and a cheat. You should be aware that you should not give a statement to the insurance company without first contacting experienced attorneys such as our firm so that we can help you protect your rights. Timely presentation of your claim and investigation is critical. We have helped families and business owners weave through the intricate red tape so that their insurance claims are brought to a successful conclusion.

We offer a free consultation and there is no fee until we are successful in obtaining a recovery for you. Don’t get hurt twice, call an experienced attorney to investigate and pursue your claim today.

Life Insurance Claims

Life insurance is an insurance company’s promise to provide payment in the event of death. When that promise is broken by the insurance company, you need an experienced lawyer to interpret the insurance contract and present your claim.

You should be aware that you should not give a statement to the insurance company without first contacting experienced attorneys such as our firm so that we can help you protect your rights. Timely presentation of your claim and investigation is critical. We have helped families weave through the intricate red tape so that their insurance claims are brought to a successful conclusion.

We offer a free consultation and there is no fee until we are successful in obtaining a recovery for you. Don’t get hurt twice, call an experienced attorney to investigate and pursue your claim today.

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Elder Abuse Law | Bed Sores

Changing your position frequently and consistently is crucial to preventing bedsores. It takes just a few hours of immobility in a wheelchair or bed for a pressure sore to begin to form. For that reason, experts advise shifting position every 15 to 30 minutes that you’re in a wheelchair and at least once every two hours, even during the night, if you spend most of your time in bed. If you can’t move on your own, a family member or caregiver must be available to help you. A physical therapist can advise you on the best ways to position yourself in bed, but here are some general guidelines:

Avoid lying directly on your hipbones. On your side, lie at a 30-degree angle.
Support your legs correctly. When lying on your back, place a foam pad or pillow — not a doughnut-shaped cushion — under your legs from the middle of your calf to your ankle. Avoid placing a support directly behind your knee — it can severely restrict blood flow.
Keep your knees and ankles from touching. Use small pillows or pads.
Avoid raising the head of the bed more than 30 degrees. A higher incline makes it more likely that you’ll slide down, putting you at risk of friction and shearing injuries. If the bed needs to be higher when you eat, place pillows or foam wedges at your hips and shoulders to help maintain alignment.
Use a pressure-reducing mattress or bed. You have many options, including foam, air, gel or water mattresses. Because these can vary widely in price and effectiveness, talk to your doctor about the best choice for you. For some people, a low-air-loss mattress may provide enough support. But more expensive and technologically sophisticated beds may be needed for people who have recurring pressure sores or who are at very high risk.
Pressure-release wheelchairs, which tilt to redistribute pressure, make sitting for long periods easier and more comfortable. If you don’t have a pressure-release chair, you or your caregiver will need to manually change your position every 15 to 30 minutes. If you have movement and enough strength in your upper body, you can do wheelchair pushups — raising your body off the seat by pushing on the arms of the chair.
All wheelchairs need cushions that reduce pressure and provide maximum support and comfort. Various cushions are available, including foam, gel, and water- or air-filled cushions. Although they may help relieve pressure, cushions and other devices don’t prevent pressure sores from forming or replace the need to change your position as often as recommended.

Skin inspection. Daily skin inspections for pressure sores are an integral part of prevention. Inspect your skin thoroughly at least once a day, using a mirror if necessary. Some experts suggest examining your skin twice a day or with every repositioning. A family member or caregiver can help if you’re not able to do it yourself. If you’re confined to bed, pay special attention to your hips, spine and lower back, shoulder blades, elbows and heels. When you’re in a wheelchair, look especially for sores on your buttocks and tailbone, lower back, legs, heels and feet. If you see skin damage or any sign of infection such as drainage from a sore, a foul odor, and increased tenderness, redness and warmth in the surrounding skin, get medical help immediately.

Nutrition. A healthy diet is important in preventing skin breakdown and in aiding wound healing. Unfortunately, the people most likely to develop pressure sores are also often the most malnourished.

If you’re ill, recovering from surgery or living with paralysis, you may have little appetite and eating may be physically difficult. Yet it’s essential to get enough calories, protein, vitamins and minerals. A dietitian can help devise an eating plan that caters to your food preferences while supplying necessary nutrients. These measures also may help:

Try smaller meals. If you feel full after eating only a small amount, try eating small meals more frequently when you do get the urge to eat. If you never seem to feel hungry, it’s often helpful to eat according to a schedule rather than to rely on appetite. Take advantage of the times when you feel your best. Eat a larger meal when you’re hungry. Many people have their best appetite in the morning, when they’re rested.

Limit fluids during meals. Liquids can fill you up and prevent you from eating higher calorie foods. It may help to drink most of your liquids 30 to 60 minutes before or after you eat. Don’t restrict your intake of water overall, however. It helps keep skin soft and supple.

Consider pureed or liquid meals. If swallowing is difficult, emphasize soups, pureed foods or nutritional supplement drinks, which provide protein and calories but require little or no preparation. It may be easier for you to drink rather than to eat something.

Consider protein alternatives. If meat isn’t appealing to you, consider other high-protein foods such as cottage cheese, peanut butter, yogurt and custards. Beans and nuts also are good protein sources but may be hard to digest.

Find a comfortable position. Raise the head of your bed to a comfortable level while you eat.

Don’t rush. Allow sufficient time for meals, and if you need assistance, don’t let your caregiver rush you.

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Our Law Center is one of the largest bankruptcy filers in Texas and helps countless individuals throughout the state obtain debt relief through Chapter 7, Chapter 11, and Chapter 13 bankruptcy, as well as debt settlement and help with home mortgages and foreclosure issues.

Chapter 7
Consumers and businesses alike may file for Chapter 7. Chapter 7 is known as a “straight bankruptcy” because it involves the discharge of debts as opposed to a payment plan such as is found under Chapter 11 or Chapter 13. In Chapter 7, your non-exempt assets are sold, and the proceeds are used to pay off your creditors in priority order. Once the proceeds are disbursed, remaining debts are discharged by the Bankruptcy Court, giving you a clean slate and letting you start over debt-free. This liquidation process is not as bad as it sounds, since the law allows you to exempt many forms of property from sale. It is even possible to receive a discharge without selling any property at all, which is known as a “no-asset” bankruptcy.

A business in Chapter 7 usually ceases operations. For consumers, it is important to know that not all debts are dischargeable in Chapter 7, such as certain tax debts and student loans. Also, consumers must meet eligibility requirements, which may be established by passing a means test. Chapter 7 is usually most attractive to businesses needing to start over or people with large amounts of unsecured debt, such as medical debt or high credit card balances. We can help you determine whether you qualify for Chapter 7, and whether this option is the right one for you.

Chapter 11
Although Chapter 11 is used most often by businesses on the brink of insolvency, it may also be utilized by individuals with large amounts of debt beyond the Chapter 13 debt limits. A business in Chapter 11 continues to operate while it reorganizes and restructures and works out a plan to pay off its creditors over time.

Chapter 11 may also help a holder of investment property who owed more on the mortgage than the property is worth. Chapter 11 allows the debtor to “cram down” to amount owed on the mortgage to the value of underlying property securing the claim.

Chapter 13
Available to consumers only, Chapter 13 involves developing a “wage earner’s plan” through which current obligations are paid off over a three-year or five-year period. This process gets the bill collectors off your back and gives you the breathing room to work out a plan that allows you to keep going while paying a little each month toward becoming debt-free. Chapter 13 works well for people with a steady job and regular income that can stick to a plan and put a little aside each month to servicing their debt.

Another major attraction of Chapter 13 is its ability to help homeowners in default avoid foreclosure by catching up on missed payments through the Chapter 13 plan. Even homeowners not in default can benefit by having their second mortgage removed. This process is known as “lien stripping” and is available on primary residences or investment properties when the senior mortgage is already under secured by the present value of the property, i.e. the homeowner is “upside-down” or “under water” on the first mortgage. The junior mortgage is treated as unsecured debt and discharged as part of the Chapter 13 wage earner’s plan.

Other Alternatives
Bankruptcy is not for everybody, and some people facing financial difficulties can benefit from other forms of debt relief. For instance, we may be able to negotiate a debt settlement with your creditors, whereby they agree to accept a lesser amount on the debt in exchange for a lump sum payment. If you are upside down on your home mortgage or behind in payments, we may be able to negotiate a loan modification or workout to keep you in your home with a mortgage that is reasonable. When it makes more sense to walk away, we can negotiate a mortgage buyout through a short sale, deed in lieu, or other means.

At Our Law Center, we take the time to understand your unique financial situation. We develop a strategy and solution that best meets your needs and goals and advise you on your options. We can help you with the bankruptcy process from petition to discharge, or with any other form of debt relief. If you are overwhelmed with debt and don’t know where to turn, contact The Solutions Law Center for a free consultation and immediate assistance.

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The family law attorneys at Our Law Center provide capable, caring, and effective representation to people in Texas who are going through a divorce and need a lawyer to make sure their rights and interests are protected in the areas of child custody and support, spousal support (alimony), the division of community property, and other important issues. We utilize our skills in negotiation and mediation to work out peaceable settlements wherever possible, and litigate matters in court only when necessary to protect our clients’ best interests.

Child Custody and Visitation
When a marriage has produced children, issues of custody and visitation are often the most important and vigorously contested issues in the divorce. Although the court usually orders some form of joint custody, the division of time is not always equal, and one parent is generally given primary custody. Sole custody may be awarded when the court deems it to be in the child’s best interests, depending upon the age and gender of the child, or if there is any history of child abuse or domestic violence involving one of the parents.

When custody is shared, the court will order a visitation plan the sets out the time each parent spends with the child, and the schedule that will be implemented. The court can order supervised visitation if it is in the child’s best interests, with supervision conducted by a professional agency, another adult, or the custodial parent.

Child Support
Both parents have a legal obligation to support their children financially. In most cases, this means that the court will order child support to be paid by the non-custodial parent to the parent with sole or primary custody. The monthly amount is calculated according to statutory guidelines based on income and other factors, but the judge has discretion to deviate from the guideline amount when circumstances warrant it.

Spousal Support
Spousal support is not ordered in every case, but it may be ordered to be paid to either the husband or the wife, either for a definite period of time, or for an indefinite period until the receiving spouse dies or remarries. The support amount is based upon a number of factors, such as the length of the marriage, the age and health of the parties, and the financial needs and abilities of each party.

Property Division
Since Texas is a community property state, each divorcing spouse owns a one-half interest in every piece of marital property, and the job of the judge is to divide the community property equally between the parties. It is very important, therefore, that every piece of property be properly characterized as separate or community property, and that it be properly valued. These determinations are not always easy, and the parties can disagree over the characterization and valuation of a particular asset, such as one spouse’s share in a business or interest in a pension plan.

Modifications
Custody and support orders are usually established for a definite time period or until the happening of some event or condition. In order to modify an existing court order, one must go to court and convince the judge that circumstances have changed enough to justify a modification of the order. For instance, a change in the income or expenses of one of the parents or the children may justify a change in child support, or the desire of the custodial parent to relocate out-of-state may require a change in the custody and visitation plan.

Effective Legal Representation is Key
In every issue in divorce mentioned above, the judge has discretion on how to rule based on the evidence and arguments presented by the parties and their attorneys. Capable, effective representation is the key to protecting your rights and achieving your goals in a divorce. Don’t give up important rights as part of your divorce, and don’t trust your divorce to just any attorney. Let our Law Center find the solution that is right for you. If you are contemplating a divorce or need assistance with another family law matter, contact our Law Center for a free consultation.

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Probate
What is Probate?
Probate is the process of transferring your assets to your heirs or to the beneficiaries named in your Will. Some assets, like those owned in joint tenancy with another person, your life insurance proceeds and your retirement benefits do not ordinarily go through probate.
What is the difference between an heir and a beneficiary?
An heir is the person who receives a part of your estate if you don’t have a Will. They have a biological relationship to you that the legislature has decided means they should receive part of your estate, unless you have stated otherwise in your Will. A beneficiary is a person or charity named in your Will to receive a part of your estate.
How long does Probate take?
Unless it is a complicated situation, the probate should be completed about 6 months after your death.
Isn’t it better to avoid Probate?
In some situations, it makes sense to avoid probate, but in most situations, it isn’t worth the upfront costs and hassles. As part of the estate planning, we would discuss the advantages and disadvantages of avoiding probate.

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Domestic Partnership Agreements
What is a Domestic Partnership Agreement?
Basically, a domestic partnership agreement is a legally enforceable contract between two unmarried people that clarified the rights and obligations of each person to their jointly owned property.
Why might I want a Domestic Partnership Agreement?
If you are in a relationship with someone to whom you are not legally married, a domestic partnership agreement protects both of you and serves two main functions. First, if the two of you go your separate ways, the agreement provides you with a roadmap to follow in dividing your jointly owned property. The most valuable property is often your house and deciding what to do with it when you are emotionally stressed could be very messy without an agreement. Secondly, a domestic partnership agreement clarifies what each of you owns in case one or both of you die. If only one of you dies and leaves everything to the other person in a Will, this isn’t such a problem. However, if you both die together, the agreement clarifies, for your families, what each of you owns. This can avoid a very messy situation.

What is a Property Settlement?
A property settlement is a legally binding agreement that divides all of the property owned by both members of an unmarried couple. It will include the separate property of each person and also the jointly owned property of each person.
If my Partner and I split up do we need a Property Settlement?
Yes. Without a property settlement either of you could try to change the division of property. Part of my job in helping clients with property settlements is to make sure they have thought of everything and also to be sure they are aware of the tax implications.

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What is a Guardianship?
Guardianship is a legal proceeding during which the court finds someone to be unable to handle his or her own affairs (incapacitated) and appoints another person to take care of the incapacitated person. The two kinds of guardians are guardian of the estate and guardian of the person.
A guardian of the estate handles the incapacitated person’s financial affairs. A guardian of the person handles the incapacitated person’s healthcare decisions.
Who would need a Guardianship?
If someone is not taking care of their own affairs and causing damage to him or herself as a result, a guardian can be appointed. A guardianship is supposed to be the last resort and if there is any less restrictive alternative, like a durable power of attorney, the court will require that to be used before appointing a guardian.
Who can become a Guardian?
Basically, anyone who is over the age of 18, isn’t a criminal and if not of “unsound” mind can become a guardian. You don’t have to be a relative.
What is the process of becoming a Guardian?
You would petition the court of be appointed as guardian. The court would then appoint someone neutral (a guardian ad litem) to investigate whether or not the person needs a guardian and, if he or she does, whether or not you are a qualified person to act a guardian. The guardian ad litem files a report with the court with his or her recommendations.
If you know someone who you think needs a guardian but you don’t want to act as the guardian yourself, you can petition the court to investigate whether or not a guardian is needed, and if the court determines that a guardian is in the best interests of the incapacitated person, the court will appoint an appropriate guardian.
How long does it take to become a Guardian?
It typically takes about 60 days.

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What is a Trust?
A trust is a legal entity that owns property, usually for the benefit of a person called a beneficiary, and is controlled by a person called a trustee. The trustee holds that assets in the name of the trust and makes distributions to the beneficiary according to the terms of the trust agreement.
A trust can be “revocable” and “irrevocable”. A revocable trust can be changed or terminated by the person setting it up. An irrevocable trust generally cannot be changed after it is set up.
Why might I want a Revocable Living Trust?
A revocable living trust is a type of trust you can set up and put everything you own into during your lifetime. Contrary to what some advertisements lead you to believe, it does not save estate taxes. The main advantage for a revocable living trust is to avoid probate. In states where probate is very expensive, this can save a lot of money. Some states have simple probate systems, so if avoiding probate is the only reason, setting up a revocable living trust probably doesn’t make sense. The cost of setting the trust up and getting all of your assets into the trust can be as much or more as going through probate. You are paying for it in sooner rather than later.
There may, however, be other good reasons for setting up a revocable living trust. By going through probate, your biological relatives have the opportunity to contest your Will. Even if there is no legitimate basis for the contest, they can tie up your estate and try to force a payment from your estate in exchange for them withdrawing the will contest. Also, if you have unusual assets, like a business, where you want a continuity of management, in the event you become incapacitated and after your death, a revocable living trust can make sense.
Why might I want an Irrevocable Trust?
The primary reason to set up an irrevocable trust while you are alive is to save taxes. It can be a good way to make gifts to children or grandchildren and make sure the amount of the gift is not taxed to you at your death. You also may want an irrevocable trust in your Will to take care of your Partner or children after your death.

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Assisted Reproduction Agreements
An assisted reproduction agreement is a legally enforceable contract between a sperm donor and a recipient outlining the rights and responsibilities of each party if a child is born as the result of an attempted artificial insemination. It is common for the agreement to state that the donor has no legal rights or responsibilities related to the child and address visitation rights, naming rights, and custodial rights in the event the recipient were to die before the child is a minor.

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Adoptions
The adoptive parent(s) need to petition the Court to have the adoption legalized. If an adoption agency placed the child with the adoptive parents they will have taken care of some of the legal requirements but an attorney is still needed to draft the legal documents to finalize the adoption.
A step-parent adoption is when the parent has a new spouse or partner who is seeking to become the legal parent of the child. This can be done whether the parents are married or not and also whether the parents are a heterosexual couple or a same-sex couple.

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Survivors of abuse are normally left with low self-esteem and little self-confidence. Both of which seriously impact their ability to make decisions or take specific actions to move forward in their lives. Searching for new employment becomes a monumental challenge. Without help, many victims find themselves in demeaning and sometimes violent situations. Once you are a victim of abuse you can only begin a new life with nonviolent surroundings. Finding jobs with adequate wages that are documented as safe places can be challenging. Many communities have come together for just this reason and created organizations to guide people to the best available jobs.

Those Who Know

Abuse comes in many fashions but every form is damaging to the victim. Sexual, physical and mental maltreatment all leave deep scars embedded in the souls of the survivors. Even escaping the act doesn’t stop the rage and distrust created by it and all of this affects your chance of finding a great job. Those who actually succeeded at starting a new life realized the desperate need for expansive resources for job placement. These people formed groups to help victims find jobs, counseling and a new way of living. Having the knowledge that only comes from experience inspired them to become counsellors, police officers and victim advocates. Many victims run abuse shelters and maintain an endless list of safe places to live and work.

Seek And You Shall Find

There is a broad spotlight on domestic violence which is working diligently to reduce the number of disastrous ends associated with leaving the abuser or re-entering the work force. The National Coalition Against Domestic Violence provides abuse shelters that include a huge database for housing, counseling and jobs to aid victims. Often times there are employment opportunities at the shelter itself or in an affiliated program. If you are a victim- even if you didn’t live at a shelter- go to one and ask how and where to find a safe job. Or call the national abuse hotline (1-800-799-SAFE) to find the help you need.

Often, people that escape this traumatic life never want to look back- understandably. But-it is so important to remember what you overcame. It’s necessary to stretch out a helping hand to those just finding the courage to take the same path you just walked. You may get strong enough to open a new non-profit organization to provide more jobs or more safe places to live.

The Effects on Employment

There are businesses that partner with groups fighting domestic violence. These companies are aware of the abusers ability to seek and find their spouses and offer the victims support and safety. They understand the increased absenteeism, the high costs of medical care and the reduction in productivity. Companies that have been educated in the after effects of abuse work with the victims to improve and overcome their feelings of guilt and shame. Some companies like Burger King have taken the lead, offering assistance with employment of victims of domestic abuse. Offering time off for counseling, encouraging them to express their fears to safety groups, and ensuring a source of financial gain all contribute to healing the injured soul.

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Explaining the legal foreclosure process:

There are many factors that go into the entire home foreclosure process. The following explanation is meant to explain the legal aspect of how a foreclosure case proceeds, from start to finish. This explanation is not meant as the be all and end all of each and every case. Each person’s case and circumstances are very unique. There may be certain facts in your case that would lead to a valid defense in a court of law. I am available to offer you a free consultation to look at the unique facts of your case.

If you are interested in an appointment, please give our firm a call and schedule a free consultation.

STEP 1: The creation of a relationship.

The first step in the legal process of a loan foreclosure is to establish that there is a right by someone (usually the bank) to require you to repay a certain sum of money. This is usually accomplished when you either purchase a home and borrow some money or borrow some money to refinance your home.

When you initially closed on your home (or refinanced the mortgage) you signed a bunch of papers. Two of these documents are what create the potential to eventually file a lawsuit against you. The first is the promissory note. This piece of paper represents an agreement where one person (or more than one person) borrows a certain sum of money and agrees to repay it over time to another person (or entity, usually the bank). The terms as to how and when the money is to be repaid, as well as any interest rates and other fees are included in this promissory note. The second piece of paper is the Mortgage. This piece of paper secures the promissory note against a piece of property. What this means is that if you fail to meet the agreement to repay as outlined in the promissory note, then you are agreeing that the lender (usually the bank) can take your property in at least partial repayment of the money you borrowed. Notice that I say “partial repayment.” If the property value has gone down, the value of the property may not be enough to repay the entire amount that you borrowed. If this happens the lender may have the right to collect the rest of the money from you after the sale of the home. Another thing that I will mention here is that there are many state and federal regulations that apply to certain people and certain companies governing when, where and how they are permitted to make loans. Failure to adhere to these regulations and laws may impair the right of that person or company (i.e. bank) to eventually be permitted to sue you in court to try and enforce the note or mortgage.

STEP 2: Default

The lender will not have a right to foreclose on your home unless there is a default under the terms of the note and/or mortgage. This usually means that you missed a payment; however, it could be triggered by a failure to meet any of the terms both you and the bank agreed to in the note and mortgage. Most notes and/or mortgages have provisions that mandate that the borrower maintain insurance on the property, pay all property taxes when they are due, not sell the property without paying off the lender, and in many instances to keep the property properly maintained.

Most foreclosure lawsuits are initiated due to a failure to make a payment on time. The process for when these payments are to be made, when they are late and when you may be in default are unique to each note and mortgage. Although many notes and mortgages contain similar language, your case will not be dictated by what “most” notes and mortgages say, but on what “your” note and mortgage says.

STEP 3: Notices and Acceleration I will continue to state that each note and mortgage is unique. I can write here what most notes and mortgages do say, but yours may or may not say the same thing. It is important to read the terms of the note and mortgage that you signed and that you agreed to. These documents control what happens in your unique situation. I used to close loans for banks and mortgage companies. I spent over 6 years reading these documents and the requirements placed in them. I have been practicing law for over 18 years. I can read your individual note and mortgage and give you a legal opinion as to what they say.

Most (remember your loan is unique) loan documents require that the lender give you some kind of formal notice that you are in default on the loan and give you a certain amount of time (typically 30 days) to cure the default or to fix the problem. If you are able to cure the default (usually make up the missed payment) within the time given in the formal notice then the loan is no longer in default and there is no more problem.

In addition to the notice of default, most (again not all) loan documents provide that the lender has the right to call the entire outstanding balance of loan due once it is in default and the default has not been cured within the prescribed time. This is usually a requirement that must be done prior to having the right to bring a foreclosure lawsuit against you. If this has not been done properly the lender may not be allowed to bring the suit against you and you may be able to have the judge throw it out of court.

Step 4: You are properly served with a foreclosure lawsuit

Once all of the conditions have been satisfied that there is a proper loan, a default and that all other conditions have been met that are required under the loan documents, then the lender (bank) generally has the right to bring a foreclosure lawsuit against you. The bank usually hires an attorney prior to this point and you most likely have received some letter or letters from the attorney.

The lawsuit is filed in the circuit court in the county where the property is located. A duly authorized process server is then hired by the lender to properly serve you with the complaint and any attachments. I mention all of these items because there are many legal requirements that go into what must be included in the initial paperwork, how it is filed and how it is served on you. If all of these requirements are not met, then there may be various legal options that can be taken. HOWEVER, MANY OF THESE LEGAL OPTIONS AND/OR DEFENSES MAY BE WAIVED IF THE FIRST THING YOU DO IS NOT THE RIGHT THING TO DO.

Remember, at this point in time the bank has hired an attorney to represent them. Even though you may be talking with someone from the bank and may be attempting to negotiate a loan modification, may be in the process of trying to sell your home, or may be trying to reach some other agreement with the bank, none of those things changes what happens in the legal proceedings.

Step 5: You respond to the foreclosure lawsuit

Once you are properly served with the lawsuit you have 20 CALENDAR DAYS TO FILE A RESPONSE WITH THE COURT. I can not emphasize this enough. The response you make needs to be a legal response filed with the court. There are laws and rules of court that specifically state what happens next. Some of these rules and laws say that if you do not specifically raise certain defenses at the right time, you will not be permitted to raise them later.

Sending a letter to the judge stating that you have a hardship or that you are trying to sell your home generally do not rise to the level of a proper pleading. However, depending what you say in the letter the bank attorney may try to argue that you did file a response and waived certain defenses.

ONCE YOU ARE SERVED WITH A LAWSUIT, CALL ME TO SET UP YOUR FREE CONSULTATION SO I CAN HELP YOU.

STEP 6: THE COURT CASE

There are generally two ways a foreclosure lawsuit proceeds in court. The courts have been swamped with foreclosures. They have been clogging up the courts for several years now. As a result, the various judicial circuits (as well as the states) have tried to come up with ways to deal with the volume of cases.

OPTION 1: YOU DON’T DO ANYTHING

If you choose not to file the appropriate paperwork with the court, then after the twenty days expires the bank can file a request to have the clerk file a default. This basically then means you are agreeing with everything they filed. The courts in this area have then set up a process known as the “rocket docket.” In order to speed up the system and clean out a back log of uncontested cases the judges set up a system where they set 200-300 cases for hearing and basically have the bank attorney come in with the paperwork and in a matter of a couple of hours they will enter the order that tells the clerk to sell your home. 30 days later your home will be auctioned and you will be out.

OPTION 2: YOU HIRE ME AND WE DEFEND THE CASE

Although each case is unique we can almost always find some mistake in the paperwork the bank filed. However, even if there is no mistake, if you file an answer or just deny the bank’s allegations, the case will now move through the normal court system. As you know the court system is very overworked right now. The case will now at least take a little while longer than the rocket docket course.

I often have clients ask me how long it will take. This is not an easy question to answer because it depends on several factors. Things like how aggressive the bank attorney is, what kind of mistakes we can find, how backed up the court system becomes. What I can tell you is it can range anywhere from several months to several years.

PROCESS: HEARINGS AND TRIAL

At some point in time the bank will try and file what is called a motion for summary judgment. If this is granted, then the home is usually sold within 30-60 days. If it is denied, then the case will proceed on to trial. Depending on how much discovery (exchange of documents, court motions, depositions, etc.) takes place the case could now take several months to get ready for trial.

If the bank has to go to trial they now have to prove that they own the promissory note and mortgage, that you signed them, that you are in default and that they have met all the legal requirements necessary to win the law suit they filed.

If the bank wins the case, the court will enter an order directing the clerk of court to sell the home. Once the home is sold there may be a determination that the sales price was or was not enough to cover how much you owed (plus attorney fees, costs, etc.). If there is not enough to cover what you owe, then in some circumstance the bank can get a judgment against you for the difference.

If there is a judgment against you for the difference (usually referred to as a deficiency judgment), then the bank can then use the court system to possibly force the sale of some of your other assets to pay what is owed to them. They may also be able to garnish your bank accounts.

DON’T LET THIS HAPPEN TO YOU WITHOUT KNOWING YOUR OPTIONS. CALL ME TODAY FOR A FREE CONSULTATION.

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Family Legal Services
What are some Divorce Terms?
Client- the person for whom the lawyer works
Custody- care of children
Contest- to argue
Annul- to cancel
Spouse- a husband or a wife
Dissolution- another name for divorce
Petition- a paper from the court asking for a divorce
File- to give a paper to the court
Summons- the order from the court that tells you to respond to the petition
Support- money paid to a wife, husband or for children
A divorce can take place if a court decides that a marriage cannot be saved. A judge without a jury decides the case. In some states, either the husband or the wife must have lived in the state for 90 days before the divorce can be filed.
What is Dissolution?
It is another name for divorce. It is a legal ending of the marriage, so that both spouses become single again. Neither spouse may marry within 40 days after the divorce because the court may change the decision. The wife’s lawyer may ask that her name be changed back to her maiden name. Learn More
Does Texas Have a No-Fault Divorce Law?
Yes and no. Generally, one person doesn’t have to prove that the other one is at fault in order to get a divorce. But sometimes fault must be proven to help the court decide child custody, support or who gets property. Learn More
What is Annulment?
A decision by the court that the marriage was not legal from the beginning.
How is the Property Divided?
The judge thinks about: how to divide the property fairly; how much each spouse has helped to get the property; and what the spouse who has custody of the children will need to give them a good home.
The husband and wife may write an agreement on their support and the support and custody of the children, and an agreement about allowing the children to visit the other parent. The judge must approve this agreement.
What is Joint Custody?
It is a plan in which parents get court permission to share the decision-making responsibilities and sometimes also share the physical custody of the children. One parent will usually still have a duty to support the children.
What is Support/Maintenance?
Before the judge decides how much support is needed for either spouse, he will think about: how long the husband and wife have been married; the ages of the husband and wife; their health; their work and what they earn; and what money or property they have. (This was formerly known as alimony.)
If you or someone you know is in need of Family Law Legal Services, please contact our office for prompt and considerate attention.

Disclaimer: The choice of a lawyer is an important decision and should not be based solely upon advertisements. The information at this website is neither legal advice nor is it intended to be. Your use or access of the information on this website does not create an attorney-client relationship. Please call to discuss your specific legal situation with an attorney.

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Divorce (Dissolution):
What is a “no-fault” divorce?

A “no-fault” divorce means that the spouse suing for divorce does not have to prove that the other spouse did something wrong. To file for a no-fault divorce, one spouse must simply state a reason recognized by the state. All states allow divorces regardless of who is at “fault”. In most states, it’s as easy as stating that the couple cannot get along (e.g., “incompatibility,” “irreconcilable differences,” or “irremediable breakdown of the marriage”). However, in several states the couple must live apart for a period of months or even years in order to obtain a no-fault divorce.

What is involved in starting the process for a divorce or dissolution?
The first step would be the filing of a properly executed petition with the appropriate court. The court must have what is called subject-matter jurisdiction that would entail satisfying the requirements of residency or domicile within the state and county dictated by the statute. This can be as little as six weeks or as long as three to six months. Without this threshold requirement being met the court would not have the jurisdiction to hear the matter and execute an order or decree of divorce, or dissolution, or like orders terminating the marital state.

What kind of documents will be needed to put together what the court will need to decide all of the issues involved?
List of Documents: Address book names, addresses and telephone numbers will help your lawyer prepare subpoenas for documents, depositions and court appearances. Don’t forget mystery numbers, i.e., those without names, or just initials. Identify them with the cross directory. Look for the following professionals and businesses: accountants—personal and business; bankers–personal and business, including trust officers; bookkeepers; computer consultants–they know how and where data is hidden; computer on-line services–obtain passwords to access information; computer message center and voice mail codes; financial planners; friends–those close enough to be trusted with money; insurance agents–including life, annuity, casualty, and key man insurance; lawyers; mailing services–such as Mail Boxes Etc.; mini-storage and office record storage; physicians; stock brokers; telephone answering services; telephone long distance companies; therapists; travel agents–personal and business; Federal and State Tax Returns for past years of the marriage with supporting documentation including all filed schedules for both individual and businesses involved. Relative to the tax returns, look for refunds and/or deficiencies. If you believe that the document produced is a forgery, have your lawyer insist that Form 4506 is signed by your spouse. The IRS will photocopy the actual return filed. Partnership tax returns (Form 1065) look for net operating loss adjustments. Gift and estate tax returns. Has your spouse made or received any gifts? Has s/he inherited any property? Business Records, Financial Statements and Credit Card Invoices are important. Personal Property includes: annuities, antiques, art work, automobiles, planes, boats, china and crystal, coins collectibles, frequent flyer miles, furniture/furnishings, furs, guns, jewelry, rugs, bills of sale (all property over $200). Also locate certificates of title for automobiles, boats, planes, trailers and heavy equipment. Homeowners Insurance scheduled property often states a value for insurance purposes and appraisals contain detailed descriptions of marital property. Note that appraised values may depend on the reason for the appraisal. For example, replacement value appraisals are often inflated while tax appraisals minimize value. Be sure you know the purpose for which the appraisal was prepared. Personal property also includes life insurance policies with information on beneficiaries, cash surrender value, loans against policies, other encumbrances against policies, e.g., using the policy as collateral for a loan. Banking information is also important including savings, checking, and credit union accounts. Note: If your spouse’s name is second on a joint account with a third party, interest income will be reported by that third party. Your spouse will not receive a 1099, and the account will not show on your income tax return. Look at monthly statements (look for payment or debit memo for safe-deposit box rental), passbooks, canceled checks and drafts (front and back) Note: make sure you photocopy the backs of checks, especially those made out to cash, to your spouse or to any unknown third party. Account numbers of secret accounts may appear along with the name of the depository bank. Also, check cashing card, check register, check stubs, cashier checks (carbon or photocopy), cash transactions, certificates of deposit, Children’s Uniform Gift to Minors Act bank records, Christmas club accounts, deposit slips, linked mutual fund and stock brokerage account, loan and credit applications, numbered accounts (often Swiss), passbooks (check to see if there is a loan against it), wire transfers and withdrawals. Look for any suspicious activities, such as repeated withdrawals of sums such as $505, suggesting conversion to travelers checks for $500 plus a 1 percent fee of $5.00. In addition there may be information on securities accounts; securities certificates; stocks and bonds; stock brokerage account statements; lists of securities; mutual fund statements; agreements relating to the account, such as, option trading, etc.; and applications to trade certain securities. Note that if your spouse is a sophisticated investor, he/she may have options or commodity trading ability. Stock brokerages require customers to fill out lengthy questionnaires before opening accounts for certain risky activities, such as options. These questionnaires are a good source of information regarding investment experience and objectives. IRA’s, Keogh’s and SEP-IRA’s Pension, Retirement and Survivor Benefits. Small Business Ownership Records are also important and any information you obtain is helpful in appraising the value of the business, including; buy-sell agreements, key-man, life, and property insurance, casualty insurance, leases, non-compete agreements, financial statements, balance sheet, shareholder equity investments, asset list and depreciation schedules, corporate redemption agreement to purchase stock rights of first refusal, major contracts, pension and profit sharing budgets, projections, marketing literature, loan applications. Employment Benefits: look for any sign that your spouse has deferred income, commissions, bonuses, royalties or has had salary converted into a non-cash benefit which would include the following: clothing allowance, company car, credit union statements, contracts of employment, employee benefits brochures, pension benefit statement, plan booklet, and amendments actuarial report on the pension plan, expense accounts, expense reimbursements, housing/relocation programs, in-kind compensation, meals, medical insurance, life insurance, loan programs, pay stubs (show certain benefits not part of taxable income), pension, profit sharing, stock purchase plan, travel and entertainment allowance. Litigation: If your spouse is suing, what’s the value of his or her lawsuit? If your spouse is being sued, do you have any exposure? Are there any prior divorce proceedings–will a first spouse’s right supersede yours? Court papers relating to pending matter(s) including statement of damages (to ascertain the value of the case. Look for Court records of final adjudication and Liens placed on assets. Loan Documents and Applications, Financial statements tend to show inflated asset values, income and net worth. Collection agency letters, home equity loans/lines of credit, mortgages/ home and business notes, passbook loans, and payment schedules. Look for recent payment of loans to family members, business associates, and friends. Also, look for accelerated payments; your spouse wants to show he has no money for you. Also, promissory notes both payable and receivable. Miscellaneous Income and Assets: royalties, severance pay, workers` compensation, annuities, rental income, prizes and awards, trust and estate income, capital gains, gift certificates, unemployment compensation, pension, veteran’s benefits, social security, lottery or gaming winnings, life insurance income or proceeds, notes payable to your spouse, partnership agreements etc. Basically, any document or information that can track money or property and its character should be obtained, preserved and turned over to your attorney.

Can a divorce action be stopped by one of the spouses?
A no-fault divorce can’t be stopped by a spouse because objecting to the other spouse’s petition for divorce is itself an irreconcilable difference that would justify the divorce. However, a spouse could potentially stop a fault divorce by either convincing the court that he/she was not at fault or by using any of the following defenses. 1. Condonation – implied approval of another’s activities by treating the person as though the offense were never committed. Example: if one spouse committed adultery and the other never objected to it, the offending spouse could say that the other spouse condoned the behavior. 2. Connivance – setting up a situation so that the other person commits a wrongdoing. Example: inviting the offending spouse’s lover over then leaving them alone together for an extended period of time would be considered conniving an adulterous behavior. 3. Provocation – inciting of another to do a certain act. Example: if one spouse sues for divorce on the grounds of cruelty, and it is later proven that he/she provoked the other into committing the act, the petition for divorce can stopped. 4. Collusion – secret agreement or cooperation between the spouses designed to deceive the judge. Example: a couple doesn’t want to wait through the separation period required to file a no-fault divorce, so one manufactures a “fault” with the other and files for a fault divorce.

How long does the process take to obtain a divorce or dissolution?
The time period involved is dependent upon the law of the state and could be as short as six weeks and can extend to six months depending upon the jurisdiction involved. If there are contested issues involved, it can be several years before the court may resolve all of the issues involved. The decree of divorce has full effect as soon as the judge signs it.

Does one have to go to court to obtain a divorce?
A court of law is the only way in which one can obtain a divorce decree, dissolution, legal separation, nullity, or other form of terminating a marriage. Each jurisdiction has established its own body of law by which this procedure is accomplished to give it full legal effect. The various states have enacted statutes that govern the procedures by which this is done. Other than the termination of the marital estate the court also has jurisdiction to resolve the other issues which are intertwined in the existing marriage which include but are not limited to, custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.
Divorce and Bankruptcy:

Does my divorce decree protect me if my ex-spouse has filed for bankruptcy and she has listed me as a co-signer on a Schedule D?
If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under it determined to be non-dischargeable by the bankruptcy court or in state court. If you find out that your ex-spouse has filed for bankruptcy, you should seek legal advice to find out your possible obligations.

My Ex Has Threatened To File Bankruptcy. What Effect Does Bankruptcy Have On Child Support?
Filing for bankruptcy protection does not allow your ex to discharge past due child support obligations. Any back payments owed for child support cannot be included as a debt and cannot be discharged in a bankruptcy proceeding. However, the filing of a bankruptcy petition automatically stops collection activities on a support order. Since there are legal procedures that must be followed in order to lift the stay regarding the payments, it is crucial to retain an attorney who has expertise in bankruptcies.
If you or someone you know is in need of Family Law Legal Services, please contact our office for prompt and considerate attention.

Disclaimer: The choice of a lawyer is an important decision and should not be based solely upon advertisements. The information at this website is neither legal advice nor is it intended to be. Your use or access of the information on this website does not create an attorney-client relationship. Please call to discuss your specific legal situation with an attorney.

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