HOW
MUCH WILL IT COST?
You will be billed hourly with a initial retainer
fee required. The hourly rate is $350.00 per
hour. The retainer fee will depend on the complexity
of the case.
WHY
NOT A CHEAP DIVORCE?
"Cutting
corners" to save money may not be a good
idea when it comes to your divorce, because
the possible mistakes made by taking this route
can hurt you, your family, and your quality
of life irrevocably. If you have kids, or property,
don’t use cheap methods.
Why
or how can it hurt you? For example, if you
use an attorney that is not able to justify
the time on your case or your kit omits some
language in a decree such as language that requires
the children to live in the same county as you
but then your spouse decides to move away with
their new spouse three years after your divorce.
You might find yourself without children living
where you do (devastating!) but with child support.
This could have been preventable. Not much savings
then nor much quality of life in traveling to
see the children while still paying child support.
The cheap divorce looks expensive at that point.
For
example, there is no quick fixes or forms to
any parent experiencing the other parent trying
to remove the non-custodial parent from the
children’s lives. This is called parental
alienation. This requires an experienced attorney
building in legal solutions to your particular
circumstances. Court ordered counseling or parenting
classes may be options to include in your divorce
decree.
For
example, how can any quick cursory view of your
life circumstances/divorce determine a just
and fair division of your property assets when
each family is different? If no one takes the
time to evaluate it then it should come as no
surprise your future may be compromised irrevocably.
Decisions are being made in ignorance.
For
example, persons who are self employed will
not be able to evaluate the value of any business
income in the divorce or what the other side
should receive as his or her share.
For
example, quick easy divorces are not able to
take the time or have the forms to add terms
that may change your life or your children’s
lives. Taking the time to do this makes a difference.
For example, is language included to account
for the children’s college? What about
negotiating the children as tax dependants for
the parent paying child support? Etc., etc.
The omission of terms such as these can result
in one party carrying a large financial burden
after the divorce when it didn’t have
to be, or you could have worked something out
with the other side. The less expensive divorces
become expensive after the divorce.
No
one form fits all life circumstances and there
is no magic shortcut to your life circumstances.
Have the attorney evaluate your circumstances
and make recommendations on your divorce. Truth
is there is no shortcut for this.
For
example, some of these divorce kits are not
even designed for the local county rules. There
are over 200 counties in Texas with many having
their own local rules. The attorney should know
these rules.
HOW
LONG WILL IT TAKE TO FINISH MY DIVORCE?
If you have an agreed divorce, it may be completed
in as little as three months or less. A complex
divorce without agreement may take much longer
but will depend on the court’s trial schedule.
The court’s backlog varies so getting
your divorce completed will vary.
WILL
I GET CUSTODY?
No attorney can predict with certainty the outcome
of a custody matter. The standard for the court
in a divorce case is “best interest of
the child”. Although this is a simple
standard, it requires a thorough examination
of the life circumstances of both parties and
the child to answer the question. A judge or
a jury may decide this issue in Texas.
CAN
A FATHER GET CUSTODY OF HIS CHILDREN IN A TEXAS
DIVORCE?
Yes. Do
not assume just because you are a man you cannot
win custody nor will you do well in court. Many
men have won custody and gotten a favorable
property and debt division to the dismay of
the other side.
ARE
THERE THINGS I CAN DO TO HELP MY CAUSE TO GET
CUSTODY OF MY CHILD?
Yes.
WHAT
RIGHTS DO I HAVE AS A PARENT ?
Each parent has many rights spelled out in the
Texas Family Code and depends on what type of
custody agreement you obtained. Many Texas court
orders authorize each parent to have set times
of possession of their children, rights to attend
school functions, rights to take their child
to a doctor in case of emergency, right to seek
counseling for their child, rights to be informed
about the general welfare of their child, and
rights to review school and medical records.
Your particular order may or may not have these
rights.
WHAT
IF MY SPOUSE WON’T LET ME SEE THE CHILDREN?
CAN I DO ANYTHING?
Yes. You can ask the Court to enforce your court
ordered possession.
CAN
MY SPOUSE MOVE AWAY WITH THE CHILDREN DURING
OR AFTER THE DIVORCE?
Ask the Court to stop the children from being
able to move away. You may ask the Court to
enter an order during or at the time of the
divorce to prohibit the children’s domicile
be changed without your written permission or
without a further order of the Court. It is
the public policy of the State of Texas to promote
on-going and frequent contact between parents
and children as long as the parent can provide
a safe nonviolent environment for the children.
The Court has the power to stop the children
from moving away.
WHAT
IS A FAIR DIVISION OF THE PROPERTY AND DEBTS?
The Court’s standard for dividing property
and debts is a “just and fair” division
of property. This means the Court is permitted
to listen to all relevant facts and legal arguments
and make a decision if asked. The outcome is
difficult to predict because the Court may consider
many factors in dividing property and may consider
dividing the property by a disproportionate
share given each parties’ circumstances.
Courts are permitted to consider dividing the
property considering many factors including
but not limited to disproportionate income,
earning ability, adultery, wasting community
assets, length of marriage, and many other factors.
IF
WE WERE NEVER MARRIED DO I HAVE PARENTAL RIGHTS?
Yes.
IF
I AM NOT ASKING FOR CUSTODY WILL I HAVE TO PAY
CHILD SUPPORT AND IF SO HOW MUCH?
Generally yes. Other children and circumstances
can change the answers below but generally:
1 child = 20 % of net resources plus health
insurance
2 children - 25 % of net resources plus health
insurance
3 children= 30 % of net resources plus health
insurance
WHAT
IS THE BEST THING I CAN DO RIGHT NOW?
Have a 30 minute consultation with the attorney.
Contact
Randy Essenburg for further assistance.
