The Conflict Incentive There is a dirty secret in some family law cases, one that clients only learn about long after they’ve retained counsel, and sometimes only after they look back at the pain, stress, and expense of their divorce. The secret is that some family lawyers have a perverse incentive. Attorneys bill clients by the hour to solve their problems. That means they get paid more if the clients have more problems. Quite simply, lawyers have an economic incentive to create conflict to bill the file. Sure they have a lawyers’ creed that says they will … [Read more...]
How To Prepare For A Divorce And Maybe Save Your Marriage
Clients regularly ask us what they can do to prepare for a divorce before it’s filed. Of course some of that varies by situation and we will be happy to give you advice tailored to your situation, but there are some basic steps most people should take and surprisingly these steps go a long way toward improving marriages. Understand your Financial Situation Often there are big disparities in basic understanding about a couple’s budget, debt, and assets. One spouse may be nearly clueless how much is being saved for retirement, how much debt exists, how much money it takes to run the household, … [Read more...]
How Long Does It Take To Get A Divorce In Texas?
To be eligible for a legal divorce in the State of Texas, you must be a resident for at least 6 months and have lived in the county where the case will be filed. There is a 90 day hold on divorce case filings prior to petition. Exception to the residency rule in Texas resident, are those parties residing outside of the state while in the military. The state does not recognize legal separation as part of a divorce petition. Texas is a "no fault" jurisdiction, so that wrongdoing is not part of the consideration by the court. Divorce petition orders will be signed by the court, even where one of … [Read more...]
Can I Afford A Divorce?
You might feel that you can’t afford a divorce, but Springer & Lyle might be able to help you and work with you. The fact is that any divorce can be costly, and if you take the risk of representing yourself, your divorce can ultimately be even costlier. Don’t Try it on Your Own Most divorce cases will be stressful. There might be considerable tension between the parties, child custody might be contested, income might be hidden to reduce the child support obligation and terms and conditions of visitation can even come to issue. These aren’t issues that you want to address alone while … [Read more...]
My ex won’t pay debts from the divorce and now it’s ruining my credit!
I hear this one frequently and there is no simple, satisfying answer. First, some basics: Your creditors were not parties to your divorce action so they cannot be made to follow the final decree of divorce and only look to the spouse ordered to pay the debt. Creditors and debt collectors will generally go after whomever they think might actually pay regardless of what the decree says. When someone is ordered to do something, like pay a debt on another’s behalf, and they fail to do it, the remedy is usually an enforcement action or some sort of seizure of the asset involved. Generally, … [Read more...]
How to Prepare For Divorce and Maybe Save Your Marriage
Clients regularly ask us what they can do to prepare for a divorce before it’s filed. Of course some of that varies by situation and we will be happy to give you advice tailored to your situation, but there are some basic steps most people should take and surprisingly these steps go a long way toward improving marriages. Understand your Financial Situation Often there are big disparities in basic understanding about a couple’s budget, debt, and assets. One spouse may be nearly clueless how much is being saved for retirement, how much debt exists, how much money it takes to run the … [Read more...]
Do I Need an Attorney for a Texas Divorce?
Every Texas county has its own process for people to get divorced without an attorney. For somebody in a short marriage with no children, no real estate and no investments, the process might operate in their best interests and save them some money. For somebody in a longer marriage with children, jobs and investments, the benefits of having an attorney more than pay for themselves. Texas is a community property state. Any income earned or acquired by either party during the course of the marriage is community property and equally owned. That’s a legal … [Read more...]
Deion and Pilar Sanders’ Divorce Illustrates the High Price of Animosity and the Great Deal we get through Settlement
Several sources have reported that Deion Sanders has been ordered to pay over $10,500 in child support and $3,500 mortgage payments. The shocking part is that he’s been ordered to pay over a quarter million in attorney fees incurred just since April 30, 2012. In three weeks of attorney fees these parties blew what most of my clients will not earn in a year. There has, perhaps, never been a clearer example of the high price of contempt and animosity in a family law case. If you do the math, Deion could pay support for his children for 18 months at the rate his wife’s … [Read more...]
Dr. Kevin Karlson Writes About the Effects of Family Violence on Victims and Litigation
This is a great article by Dr. Kevin Karlson about the effects of family violence on the victim’s cognitive health, and what that means for a family law case. If you have been the victim of family violence, call the police and get safe. If they won’t help, call me and I will do everything I can to get you a protective order. Remember, in Texas the courts cannot charge a protective order applicant with any fees, and attorney fees are often recoverable from the losing party. If you are in serious danger I want to help, or at least refer you to organizations like Friends … [Read more...]
We Should All be Grateful for No-Fault Divorce
Here in Texas, when we go before the court to prove up a divorce I merely ask my clients, “Has your marriage become insupportable because of discord or conflict that destroys the legitimate ends of the marriage relationship?” My client answers “Yes.” Then I ask, “Is there any reasonable expectation of reconciliation?” And my client answers, “No.” Apparently it’s not that simple everywhere. According to a New York Times Article entitled “Tuna Again? In Fault-Finding Britain, It’s a Cause for Divorce” By Sarah Lyall, Published: April 7, 2012, our British common law … [Read more...]
