Q. Tell us about yourself and your practice.
A. I operate a two man firm in my office building that I own in Oak Cliff. My background includes an Undergraduate in Petroleum from the University of Texas in Austin and an M.B.A. from Texas A & M-Commerce, formerly East Texas State University. I have years of experience in real estate which is vital in my line of work. My practice consists of 80% Family Law, 10% Wills and Probates, with the remaining percentage split between consumer law, and real estate. Most of my divorces involve some real property, such as a house, or land. Because Texas is a community property state, anything purchased after the couple was married, is presumed jointly owned. Most of the time, one of the adults does not want to move out of the homestead and we need to cash out the other owner. That is where my experience is critical.
The other scenario is where one of the adults purchased the home before the marriage and the two are living in that home. While that is not community property, the Family Code still provides for that spouse financially under a term we call Economic Contribution.
Q. Do you offer a free initial consultation?
A. Yes, Always
Q. Does your office offer paralegal services to help with simple document filings?
A. I would say the filings our office handles are not simple since the clients are seeking us for representation. Granted, there are some divorces, where there are no children and no property that can be handled without an attorney. The forms can be obtained at the law library in the courthouse and those fact patterns are relatively easy and simple.
Even if no children or real property, Family code says that community property also includes any retirement, 401K, or pension that increased from your spouse’s employment while married. Therefore, it is never wise to attempt divorce without an attorney, you could be leaving assets that are rightfully yours.
Q. What is your billing and payment procedure?
A. Based on the case, I require a minimum of a $500.00 retainer. I bill monthly and my clients can pay as they can with check or credit card. Naturally if the bill gets to far behind, I have to slow down on your case and let you catch up on the balance.
Q. What is a “no fault” divorce?
A. A divorce where there are no allegations of adultery, abuse, fraud, embezzlement, etc. About 50% of today’s divorces fall into this category, while the rest allege adultery or fraud. Abuse is a major red flag that gets accelerated treatment from the courts. The rest are normal everyday occurrences that the courts deal with on a daily basis.
Q. Can a spouse successfully prevent a court from granting a divorce?
A. No, one spouse cannot prevent a divorce, they can only delay the process and make it more expensive. If a spouse cannot be found, or refuses to sign any documentation acknowledging receipt of the documentation, the alternate plan is to serve the spouse by publication and the court then appoints an Ad-Litem to represent them.
Q. How does one obtain support for herself and her child?
A. (See #9 for the first part of this question) Child support is automatic if one parent of the child is not living with that child. Regardless if the two adults were married, if they are both on the birth certificate and or both presumed the parents by witness testimony, the parent raising the child is entitled to child support as set out by the Family Code. Many parents file for support themselves without an attorney at the Attorney General’s office. Once a child support order is in place, the other parent is responsible for support, even if they are not working.
Q. How long does it take for a divorce to become final?
A. The fastest divorce can take place is 60 days from the initial filing in the court. On the other hand, I have some divorces that are still pending approaching two years in the court.
Q. Who will have to pay alimony in a divorce?
A. A married spouse can receive alimony (known as maintenance in the Family Courts) only if both have been married to one another for at least ten years. If you meet that qualification, the party asking for maintenance must show a need based on lack of income or education, or job skills. If you meet that qualification, then the court can order maintenance, but only for a maximum of three years.
