FAQ

FAQs

  • Can I get married after the divorce is final?

    Yes, but you must wait 30 days unless there is a paragraph in your Decree of Divorce waiving the requirement.

  • He's not letting me see my children because I'm behind on my child support. Can he do that?

    Legally, no. He is subjecting himself to contempt of Court which may carry jail time and a $500.00 fine. Visitation and Child Support are two separate obligations. It doesn't matter if you owe $1,000.000.00 in back child support, the other party cannot withhold the children. Likewise, it doesn't matter if the other party never sees the children at all, (and that's fine with you), she still has to pay the child support. In some instances, I can handle these types of cases for a nominal fee. It depends on the facts of the case.

  • How do I get the house in my name?

    Two ways: either by deed or by Divorce Decree. You can file a certified copy of your Divorce Decree in the deed records of the County as long as it contains the FULL LEGAL DESCRIPTION OF THE PROPERTY. The title company will pick it up when you go to sell the house. Never, ever do a Quit Claim Deed.

  • How long does it take?

    You can be divorced in a minimum of 61 days. There is a 60 waiting period provided by statute which will not be waived by any Court.

  • How much child support do I have to pay?

    It starts with your gross income, which includes overtime and part-time jobs, and use the Attorney General's tax chart to compute your net income. Assuming you have no other children from previous relationships, you will pay 20% of your net income for one child, 25% for two children, 30% for three children and 35% for four children. There are caps and certain special circumstances where you may be ordered to pay more or less. For example, if the child is handicapped and will never be capable of supporting themselves.

  • I don't know where he is. How can I get divorced?

    Justice waits for no one. There are ways of serving an absent party that are just as valid as if a Sheriff handed him the papers. It's easy.

  • Is Bankruptcy The Right Decision for Me?

    The Basics How does someone know if Bankruptcy the right decision? When a person falls behind in paying off debts and it appears that they will not be able to make payments as they come due, it is better for them to take action rather than let their financial situation deteriorate. What action is taken may be beneficial in future opportunities. Since each person and their circumstances are different, Family Attorney Texas recommends that we meet initially to discuss your specific situations, go through the interview process and answer any questions you may have before we move forward. For many people, the final decision made to financial problems is to declare bankruptcy, a legal proceeding in federal court that allows a person to be released from the obligation of paying some or all of their debts. If that is the case, we can certainly help you. Bankruptcy may not always provide the complete solution. In most cases, bankruptcy does give a debtor a fresh start, but filing bankruptcy is not a panacea for all financial problems. Declaring bankruptcy can seriously damage a person's credit rating, making it difficult to establish credit or take out loans in the future. You must evaluate your position having all the facts, and then make an educated decision. Here at Family Attorney Texas, we will help you arrive at that place. Many people can and do work themselves out of even very serious debt without ever going near a bankruptcy court, so declaring bankruptcy should not be an automatic first step for someone experiencing financial problems. Bankruptcy law in general provides for the development of a plan that allows a debtor, who is unable to pay his creditors, a way to resolve his debts through the division of his assets among his creditors. The plan is a supervised division, which allows the interests of all creditors to be treated with some measure of equality. There are some Bankruptcy proceedings, which allow a debtor to stay in business and use revenue generated to resolve his or her debts. In addition, another purpose of bankruptcy law is to allow certain debtors to free themselves (or to be discharged) of the financial obligations they have accumulated, after their assets are distributed, even if their debts have not been paid in full. The origin of all Bankruptcy law is federal statutory law, which is contained in Title 11 of the United States Code. Congress passed the Bankruptcy Code under its Constitutional grant of authority to "establish... uniform laws on the subject of Bankruptcy throughout the United States." If you are interested in reading up on more of these Title 11 Codes, you may want to go to our U.S. Constitution Article I, Section 8. At present, states may not regulate bankruptcy though they may pass laws that govern other aspects of the debtor-creditor relationship. Each state has current laws that apply specifically to all Bankruptcy cases. All Bankruptcy proceedings are supervised by and litigated in the United States Bankruptcy Courts. These courts are a part of the District Courts of The United States. These United States Trustees were established by Congress to handle many of the supervisory and administrative duties of bankruptcy proceedings. Proceedings in bankruptcy courts are governed by the Bankruptcy Rules, which were promulgated by the Supreme Court under the authority of Congress. General Types of Bankruptcy There are several basic types of Bankruptcy proceedings. A filing under Chapter 7 is called liquidation. This is the most common type of bankruptcy proceeding. Liquidation involves the appointment of a trustee who collects the non-exempt property of the debtor, sells it and distributes the proceeds to the creditors. Other Bankruptcy proceedings under Chapters 11, 12, and 13 involve the rehabilitation of the debtor to allow him or her to use future earnings to pay off creditors. Under Chapter 7, 12, 13, and some 11 proceedings, a trustee is appointed to supervise the assets of the debtor. A bankruptcy proceeding can either be entered into voluntarily by a debtor or could also be initiated by creditors. Once a bankruptcy proceeding is filed, creditors, for the most part, may not seek to collect their debts outside of the proceeding. The debtor is not allowed to transfer property that has been declared part of the estate subject to proceedings. In addition, certain pre-proceeding transfers of property, secured interests, and liens may be delayed or invalidated. Various provisions of the Bankruptcy Code also establish the priority of creditors' interests. A recent decision by the Supreme Court has shifted this power towards the debtor. In Rousey v. Jacoway, (April 4th, 2005), the Court held that assets in Individual Retirement Accounts (IRA's) are protected under 11 U.S.C 522(d) and thus exempt from withdrawal from the bankruptcy estate. This decision has broad implications for the baby-boomer generation, providing millions of Americans nearing retirement with increased protection of their earnings. Recent passage of the Bankruptcy Prevention and Consumer Protection Act in April 2005 has also resulted in major reforms in Bankruptcy law, outlining revised guidelines governing the dismissal or conversion of Chapter 7 liquidations to Chapter 11 or 13 proceedings. The law also expands the responsibilities of the United States Trustees Program to include supervision of random and targeted audits, certification of entities to provide credit counseling that individuals must receive before filing for bankruptcy, certification of entities that provide financial education to individuals before being discharged from debt, and greater oversight of small business Chapter 11 reorganization cases. The most important thing you may need to know is that we are here to help you with this Bankruptcy process in conjunction with the current Texas Bankruptcy Code. That is why we are here. Rest assured, this list below is legal process in Texas, and once the process has begun, will take you to your desired goal. Please review this list, then pick up that phone and schedule that first meeting to discuss the best course of action for you and your family or business. • Bankruptcy Code • Chapter 7 Bankruptcy • Petition and Schedules • Stay • Creditors Meeting • Claims • Chapter 13 Bankruptcy • Petition • Stay • Plan • Creditors Meeting • Confirmation Hearing • Discharge • Advantages of Chapter 13 over Chapter 7 We would like an opportunity to speak with you personally about your specific situation.

  • Is there an initial consultation fee?

    Yes, I charge a fee of $100.00 for our first consultation. Please note that the consultation fee must be paid in advance to schedule and secure your appointment. The reason for this is that I routinely travel between court appearances, depositions, and meditations in various locations in the DFW metroplex, and I often times will be making a special trip to meet with you and schedule other activities in conjunction with your appointment. I try to be prompt so you will not have to wait. You may reschedule upon reasonable notice. During the consultation, I will ask you to first present me with what you consider to be the present issue or problem at hand. Then, I will let you provide me with a summary of the facts of your case and determine the legal issues involved. I will then give you legal advice, providing information about the law applicable to your case, discussing your options and alternatives, advising you of possible tactics and strategy, and give you recommendations for what action you may and should take. I will answer any questions you may have. If you request, I will also explain my fees and give you an estimate of the fees and expenses you may incur in your matter if you decide to hire me. To do this right, it generally takes about 45 minutes to an hour. I understand there are some attorneys offering a "free" consultation. However, most reputable, experienced attorneys do not. There is an old saying I believe to be true -- "you get what you pay for". Also, I think you only appreciate something you have to work or pay for. I prefer to meet with you in person if possible, but I also offer telephone consultations for those clients unable to come to my office due to distance or time constraints. In most instances, I am available to consult with you within twenty-four hours of your request. Please call my office and we'll be happy to schedule an appointment at your convenience.

  • Questions to Ask Other Lawyers

    SHOP AROUND Assuming you do not hire our firm, here are some questions you should ask other lawyers you interview in order to protect yourself. • Does he have a written contract which explains your rights? • Has he put in writing what you will be charged for his time, his staff's time, etc.? • Does he charge for copies, faxes, postage, air conditioning? • Is your retainer fee refundable? If so, when will you receive your refund? • What is an estimate of what the entire lawsuit will cost? It is common practice for some attorneys to lure you in with a low initial retainer fee and to bill you after the first hearing for much more. • Is he Board Certified? This does not necessarily mean that you're getting a good lawyer. Ask how many family law trials he has tried and won. • Is Family Law a small percentage of his practice? RUN. Family Law is extremely complex and cannot be effectively practiced without full attention. Just to keep current on the law, Family Lawyers have to attend a four day seminar every single year. That is a lot of material to be digested each year. • Are there minimum increments of time you will be charged? For example, if you call and have a five minute conversation with your lawyer, you may be charged .25/hr. or 15 minutes. • Can you work with this person? What are your gut, heart and head telling you? Remember, the two of you may be together for two or three years.

  • Should I get a paternity test?

    Absolutely. The trend in Texas is that even if you are found later to not be the child's biological father, the Court will not reverse the child support order. It's better to be 100% positive up front. An ounce of prevention is worth a pound of cure.

  • What Is Important To Think About In Bankruptcy?

    Thinking About Filing Chapter 7 or Chapter 13 Bankruptcy in Texas? Then you need to consider Texas bankruptcy laws. Did you know that they offer some of the strongest debt relief and protection in the nation! It may be the right time for you to take action if you're struggling under the heavy load of debt. One of the other most important things to consider is that you may not be aware of all of your debt relief options. For individuals in Texas, there are two main ways to eliminate debt are Chapter 7 and Chapter 13 bankruptcy. To learn more about how these bankruptcy laws may help you retire your debt and stay in your home, call me right now. If you're ready to start working towards a fresh financial start, complete the contact us form by clicking on the right of this article, and someone from my office will contact you to set an appointment.

  • Will I get to see my children and can my spouse move out of our County with them without my permission?

    Yes, you'll get to see your children except in extreme circumstances. I have a Standard Possession Order which gives non-custodial parents fairly liberal access. If you add up the days, you have the children 35 to 40% of the time. Generally, no a person cannot move your children without a Court's permission or your written agreement. This depends on what County you are in. In Dallas County, the Courts are much stricter about keeping the children in the County in which they were raised so that the non-custodial parent can have a meaningful impact on the child's life.

Contact Rita Now!

Call (972) 362-9992 or send an email below to schedule your consultation with a trusted attorney.

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