In Texas, How Long do you have to Respond to Divorce Papers?

May 7, 2012 By

Anyone beginning a divorce process can expect to have an anxious time ahead of them. When a person receives a divorce petition, the natural reaction is to let it sit to be able to absorb the impact a divorce will have on life and how to adjust to it.

In Texas, a person receiving a petition for divorce has 20 days to respond. If a response is not filed within that time, the respondent risks having the judge rule on the petition by default. In other words, the risk is that all allegations in the petition will be deemed to be true. Respondents who receive divorce papers are encouraged to seek the advice of a Texas divorce attorney as soon as possible to make sure there is enough time to respond.

The allegations in a divorce petition set out for the judge all the factors that need to be decided upon in the divorce. Most of the details will be undisputed, but it is important to remember that this will be the first time the court will be learning about your marriage.

Information such as income and property the parties have, as well as retirement accounts will all be set out in the petition. Children and custody will also be a part of the allegations laid out in this document.

Respondents may not know all the rights that they need to protect and should seek the advice of a Wichita Falls divorce lawyer. While a default can sometimes be corrected after the deadline, it will be up to the judge to decide. It is wise to respond to the petition before the time runs out.

Call the Wichita Falls office of Milissa C. Barrick, P.C. at (940) 723-9300, or you may send an e-mail. Legal help is only a click away.

Responding to Interrogatories in Texas

In every civil case, including divorce cases, there is a period called “discovery” in which each side has an opportunity to find out what the position of the other side is on disputed matters. One of the tools in this process is a document asking a series of questions called Interrogatories.

The questions contained in this document may seem lengthy and sometimes tedious to answer. There will be background questions, and details about financial information, as well as questions regarding children. There may also be questions that feel too personal and somewhat intrusive. It is important to remember that these questions serve two purposes; to find out what the disputed points in the divorce or custody action are, and to shorten the time of trial.

There will often be a strategy to the questions asked that will be difficult for most people to decipher. An experienced attorney in the law office of Milissa C. Barrick will understand the best way to answer these questions, apart from the actual facts asked for. You are encouraged to seek the advice of a Wichita Falls family lawyer as soon as possible after receiving a set of interrogatories.

Even if a divorce case never goes to trial, and most settle before then, the interrogatories can outline where the parties agree and disagree. It is a good idea to try to answer as many as you can and as completely as you can before bringing them to your Texas family law lawyer.

The discovery stage is important to getting the best resolution to a divorce and each party is encouraged to be as truthful and complete as possible in responding to interrogatories.

Call the Wichita Falls office of Milissa C. Barrick, P.C. at (940) 723-9300, or you may send an e-mail. Legal help is only a click away.

Filed Under: divorce, Family Law

Facebook, Social Media and Divorce

April 22, 2012 By

You may be surprised to learn that a recent survey by the American Academy of Matrimonial Lawyers found that 81 percent of their members report a rise in divorce cases involving social media evidence—primarily from Facebook.

If you are separated and contemplating a divorce, you should remember that your ex spouse’s divorce attorney will be looking for incriminating evidence against you. With the rise of social media participation exploding, finding evidence on sites like Facebook, Twitter, and Linked In that may contradict statements you have made, can be easy.

However, evidence from social media websites can only be used against you if what you post is harmful to your case. Therefore, until your divorce is final and all matters have been adjudicated consider the following do’s and don’ts:

• Do restrict your privacy settings so that only your friends can see what you post on your social media accounts. If your privacy settings are set to public, anyone can access your profile and anything you post.
• Don’t post about expensive purchases or vacations.
• Don’t post rants about your ex spouse, their family, or their friends
• Don’t post about romantic exploits or flirt openly online
• Do review your friend list for individuals who might report back to your spouse—and you probably want to de-friend your ex while you are at it.
• Don’t discuss your divorce at all online—it is a private matter and if you say something you later regret you can’t take it back.
• Don’t help your ex spouse’s attorney

To protect your interests talk to a Texas divorce attorney

Going through a divorce is tough and it is natural to want to talk to your friends as you go through the process. However, if you discuss your divorce problems online, you risk damaging your case and possibly worse. Contact us online or call 940-723-9300 to schedule a consultation to discuss your divorce matter.

Filed Under: divorce, Family Law Tagged With: , , , , , , , , , , ,

Ways To Protect Your Business in a Divorce

April 5, 2012 By

One of the major issues in a divorce is the division of marital property and debts. For divorcing couples who do not have a prenuptial agreement in place, the division of marital property in Texas can be complex and involve extensive litigation.

If you also happen to own a business that is a marital asset the process of property division can become even more complicated. Dividing a Texas divorce attorney can recommend a CPA or business valuator to establish the value of the business. Factors used to determine a business’s worth can include:

• Amount of business assets
• Properties owned by the business
• Customer base
• Revenue generated by the business
• Amount of business debts

The business should continue operations during the divorce process and owner spouses should take steps to protect their investment. If both spouses work for the business, agreements must be in place that stipulates each spouse’s rights, duties, and responsibilities.

Get your questions answered by an experienced Texas divorce attorney

One of the best ways to protect your business during a divorce is to obtain the legal representation of an experienced Texas property division attorney. A skilled attorney can help you work out a fair division of assets and debts and protect your interests. If you have questions about how to protect your business during a divorce,

Filed Under: divorce Tagged With: , , , , , ,

How To Get Custody of Your Children

March 22, 2012 By

When parents are unable to agree about child custody the Texas family court steps in. If the court becomes involved then the judge decides on custody based on your child’s best interests. The court considers numerous factors when determining child custody awards including:

• Your child’s age and gender
• Your child’s mental and physical health
• Each parent’s lifestyle
• Any history of abuse and neglect
• Each parent’s ability to provide for the child, both physically and mentally
• Your child’s current living arrangement
• Any impact of change to your child’s current schedule
• Your child’s preference (if older than age 12)

The court is most likely to award custody to the parent who can show that he or she can provide the best living situation for and protect the well being of the minor children. This can be difficult to prove to the court. And it is important to retain an experienced Texas child custody attorney who can help show your strengths and help you work on your weaknesses before your divorce goes to court.

Where possible, you should also make every effort to resolve custody conflicts with your ex spouse and you should consider participating in:

• Parenting classes
• Dispute resolution classes
• Mediation with an experienced family law mediator

Further, refrain from fault finding with your ex spouse—even if he or she refuses to participate in classes or mediation. If you do all that you can, it shows the court you are making an effort in being the best parent possible.

A Wichita Falls child custody attorney can help

If you want to obtain custody of your child, you need to work with an experienced child custody attorney who can advise you of the available legal remedies in your circumstances. Contact us online or call 940-723-9300 to discuss your child custody case.

Filed Under: child custody, Family Law Tagged With: , , , , , , ,

Is there Legal Separation in Texas?

February 27, 2012 By

Many states in the U.S. do provide for legal separations. And similar to a divorce, the spouses go to court where the judge rules on matters regarding each spouse’s rights, duties, and obligations during the separation. The advantages of having a formal legal separation process include:

• Time apart for the spouse to cool off and determine if divorce is the answer to their problems.

• For couples who want to live separately it defines each party’s rights, financial obligations, custody arrangements, property and debt division.

• Enables spouses to retain medical coverage and other benefits.

• Enables spouses to adhere to religious beliefs or practices by being able to live separately, but retaining marital status for religious beliefs.

However, in the state of Texas there is no such status as legal separation. The only legal remedy in place for legal separation is divorce. However, if you are not prepared to go forward with a divorce, an experienced Texas divorce attorney can help you work out an informal separation. One of the most common ways to accomplish an informal separation is through a partition and exchange agreement. Under this written agreement, the property is divided between the parties and recorded in the official real property records of the county where you reside. The agreement can help to protect each party during the separation period and if you decide to go forward with a divorce the advantage of the agreement already in place is that property division has already been established and will not have to be revisited.

Talk to an experienced Texas family law attorney

Marital difficulties can often leave people feeling disillusioned and confused. However, an informal separation arrangement may help you determine what is the next best step for your family. To talk to a caring family law attorney contact the Law Offices of Milissa C. Barrick online or call 940-723-9300 to schedule a consultation to discuss your separation matter today.

Filed Under: divorce, Family Law, separation Tagged With: , , , , , , , , , , , , , , , , , , ,

What does Child Maintenance Support Cover?

February 14, 2012 By

Because parents cannot seem to agree to support their children, the state of Texas decided that a child’s best interest is paramount and cannot be overridden by the parents. Therefore, Texas law provides that a parent has a legal obligation to provide support for his or her child, regardless of marital status.

Child support payments in Texas are intended to cover the ordinary expenses of raising a child including:

• Food
• Clothing
• Shelter
• Education
• Healthcare/medical needs

The court considers the following in determining child support:

• Needs of the child. A special needs child often requires require more extensive support than a healthy child and support may be higher in such a case. An experienced Texas child support attorney can advise you on what expenses may be considered for a special needs child.

• Age of the child. Younger children cost less to support than older children, but daycare costs and other similar costs may be considered.

• Ability of the non-custodial parent to pay. The court considers all sources of income when deciding child support amounts. If the non-custodial parent remarries, the new spouse’s income is usually not considered unless one of the following occurs:

  • The supporting parent claims the inability to pay support due to debts.
  • The supporting parent becomes voluntarily impoverished – meaning he or she has voluntarily left a job in an attempt to avoid paying child support.
  • A claim that the supporting parent is hiding assets is made.

• Earning capacity of the custodial parent. Texas child support law provides that both parents are obliged to support their children. Therefore, the court considers the custodial parent’s income and any other resources available to support the dependant child.

Get the support of an experienced Texas child support attorney

For help in determining a child support matter, contact the Law Offices of Milissa C. Barrick online or call 940-723-9300 to schedule a consultation today.

Filed Under: child support, Family Law Tagged With: , , , , , , , , , , , ,

Dividing a Business in a Texas Divorce

January 30, 2012 By

In order for the court to have a fair and equitable division of marital property in a Texas divorce, the value of each asset must be known. So, until your assets have been valued, it is impossible for a property division to be effectively accomplished.

There are three steps taken in the divorce property division process:

• Characterization. This is the process used to determine if property is marital or the separate property of the spouses.
• Valuation. Each asset is assessed for value/worth to determine a fair distribution between the spouses.
• Division. The process of determining which spouse gets which property.

In a divorce involving a business the first step your Texas divorce attorney takes is to determine if it separate or marital property. And it may not be as simple as establishing that the business was started before the marriage. Questions your attorney may ask you include:

• What the source of funds used to start the business was
• If your business changed formations during your marriage
• If any community (co-mingled) funds were invested in the business during the marriage
• If the source of customers/business comes wholly or in part from or because of your spouse.

If the business is determined to be community property then it must be valued in a specific manner. Typically, a forensic CPA who is certified by the American Institute of CPAs performs the valuation and he or she may estimate the value of your business by:

• Comparing it to comparable businesses that have recently sold
• Converting profits or cash flows into value
• Valuing the assets and liabilities of your business

Protect your property rights with an experienced Texas property division attorney

To protect your property rights in a divorce, it is imperative to work with an experienced Texas property division attorney who understands the complexities of business valuations. Contact the Law Offices of Milissa C. Barrick online or call 940-723-9300 to schedule a consultation today to discuss your property division matter.

Filed Under: divorce, Family Law, Property Division Tagged With: , , , , , , , , , , , , , , , , , , , , , , , , ,

Estate Attorney in Wichita Falls TX

January 16, 2012 By

The vast majority of Americans die intestate —meaning, without a will. When an individual dies without a will in place that stipulates where his or her assets go, it can create big problems for the family and loved ones of the deceased. Not only can the lack of a will generate family quarrels but can also end up costing your heirs avoidable taxes and probate costs.

An experienced Texas estate attorney can help you and your loved ones avoid much of the hassle of estate division by providing sound advice on estate planning. Your attorney can help you plan for all matters relative to your estate using various legal tools, including:

• IRA inheritance trusts can provide creditor protection, and minimize taxes for your heirs
• Living trusts can help reduce estate taxes, avoid delays, provide creditor protection for your heirs, and help to reduce or avoid probate costs.
• Family limited partnerships can provide asset protection
• A last will and testament allows you to direct the disposition of your assets rather than the state, which uses its own formula for distributing your estate. A will can also name a guardian for your minor and/or special needs children in the event of your death.
• Powers of attorney assign control to an individual or individuals to manage your financial and personal affairs if you become incapacitated, whether through illness or an accident.
• A living will stipulates your wishes regarding life support and end-of-life care.

Talk to an experienced Texas estate planning attorney today

It is never too early or too late to ensure your loved ones are taken care of after you are gone. Good estate planning can ensure your wishes are carried out and your loved ones are protected. Contact the Law Offices of Milissa C. Barrick online or call 940-723-9300 to schedule a consultation today to discuss estate planning today.

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January 16, 2012 By 1 Comment

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Filing for Temporary Child Visitation in Texas

December 30, 2011 By

Resolving child custody and visitation issues when you are divorcing your spouse can be a challenge. However, you must put your differences aside and act in the best interest of your child, despite the stress you may be experiencing. An experienced Texas child custody attorney can be a valuable resource in working out a fair custody arrangement.

After your initial divorce papers are filed the family court holds a temporary hearing and issues temporary orders relative to the divorce issues that extend to the time that your divorce is pending. If child custody is contested by either spouse, the court creates a temporary custody arrangement. Typically temporary custody is granted to the parent who remains in the marital home, unless there is compelling evidence that doing so would not be in your child’s best interest. However, the temporary custody order does not necessarily have a bearing on which parent will be awarded permanent custody.

In the state of Texas, divorce cases that involve contested custody or visitation are typically referred to mandatory mediation. Mediation is an alternative dispute resolution (ADR) process the enables divorcing couples to help resolve their disagreements by working with a trained mediator who acts as a neutral third party. Parents who are able to reach agreements on custody arrangements through mediation often experience less stress through the divorce process and save their children the trauma of a custody battle.

Discuss your options with an experienced Texas custody attorney

Each family is unique and working out the best solution for custody arrangements is about determining what your family needs in your circumstances. To talk to a caring and compassionate child custody attorney contact the Law Offices of Milissa C. Barrick online or call 940-723-9300 to schedule a consultation today.

Filed Under: child custody, Custody Disputes, Family Law Tagged With: , , , , , , , , , , , , , , ,
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