Author: redheadedlaw

What Happens When I Die?

Written by redheadedlaw on January 10, 2014. Posted in Wills.

The beginning of the new year is a good time to review your Will and other end-of-life documents. Were you divorced during the past year? Did you lose a spouse to death? Or have you simply changed your mind about some provision in your previous Will? If any of these things, or other life changes, occurred it may be time for a new Will and related documents. In our Will packages, we include the documents which not only dispose of a person’s assets, but also provide for end-of-life decisions such as who makes medical and financial decisions if a person is unable to make them; whether the person consents to life support; and who controls the disposition of remains. There is a specific reason each of these documents are contained in our package and not all apply to every person. We discuss each document with clients so that they understand and can make a decision about which ones they want to include.

Recently, several clients have requested legal advice on how their remains would be handled at death and, as a result, we have added an “Agent to Control Disposition of Remains” document to our Will package. How do you know if you would need such a document? First, let’s clear up any confusion about a Will disposing of remains because many people believe that if they have a Will, that takes care of how their remains will be handled. From the time the Will is filed for probate until there is an actual hearing on the application to probate the Will is about two months. Total time to probate of a Will in Texas averages close to six months. Obviously, the remains will have been taken care of through burial or cremation long before these events occur. A Will, then, is not the most effective vehicle for settling the issue of disposition of remains. Do you know what happens to a person’s body when there is a dispute over how the remains will be handled? Here is the list, in order of superior right: a person which the decedent has appointed in writing; spouse; any adult child; a parent; any adult sibling; or certain persons related to the decedent as set out in Texas laws of descent.

Any person designated loses the right if that person does not make arrangements for the disposition within six days of being notified or ten days of learning of the death. Also, the person designated must be willing to take on the obligation, including the associated cost and obligation of interring the body. For persons who are married, these decisions may seem to be a given. For others, especially those with domestic partners, it can be quite important to put these wishes into writing if they want to insure that the partner has the right to make the decision. Also, note that in the list, “any” adult child or “any” adult sibling can make the decision. Making the designation in writing can help cut down on family costs and squabbles where family members may quarrel over the disposition of the remains. Lastly, burial plots are separate property. This means that in a divorce, a person owning a burial plot is entitled to keep it. A person may dispose of the plot in his or her Will, subject to the spouse’s vested right. The spouse must consent for the plot to be conveyed to anyone else. Death, like divorce, is an emotional topic. And death, like divorce, goes much better with everyone concerned if careful planning is done with a skilled, caring, thoughtful lawyer well in advance.

The Woodlands Divorce Attorney

Written by redheadedlaw on January 3, 2014. Posted in Divorce.

The dissolution of a marriage is a difficult thing, not just emotionally, but also logistically and financially. There are many issues to sort through in the average divorce situation, such as child custody, co-parenting arrangements, child support agreements, debt and property divisions. Dealing with the house and residential changes can present logistical challenges. Retirement planning and health insurance may be impacted significantly. With the many complexities involved, using The Woodlands divorce attorney will result in the best outcome.

An Emotional Period

There’s no denying that divorce is emotionally trying, especially when there are children involved. However, there are decisions that must be made, decisions that can shape lives for decades to come. It is important to make choices that are clear-minded and logical, not influenced by emotion, because once divorce decisions are made, they can be very difficult to unmake. Some cannot be changed. Working with an experienced divorce lawyer is a smart move, helping to prevent potentially costly and emotionally driven errors during the divorce process.

Better Outcome

Working with a skilled attorney during the divorce process typically results in better outcomes. The equitable division of property and debts is important, impacting both short-term and long-term quality of life, with fair solutions varying among different divorcing couples. These are highly individualized matters, not able to be fairly resolved by purely formulaic means. An experienced attorney understands this and works hard to obtain the best divorce settlement possible. The best outcomes, however, are more than just financial.

A skilled divorce attorney also keeps the quality of the post-divorce relationship in mind, especially in situations where the children are young, requiring effective co-parenting for years to come. Sometimes an overly adversarial approach can do more harm than good over the long-term, especially when equitable concessions and compromises can be garnered through negotiations utilizing mediation techniques. A divorce attorney with this type of expertise can be essential to achieving a better outcome.

Don’t Go It Alone

There are certain situations in life that are best managed with expert, professional advice. Divorce, with its emotional and financial complexities, is one of those types of life situations. Decisions made today can have far reaching results, impacting the overall well-being of children and finances for decades to come. Protecting all parties involved against making expensive, lasting mistakes is important and having experienced legal assistance throughout the process is the best way to achieve that protection.

Divorce Attorney for Males

Written by redheadedlaw on October 31, 2013. Posted in Attorney, Divorce, Lawyer.

Contrary to popular belief, when men go through divorces, they experience many of the same devastating emotions that women do. Some of these emotions can include anger, contempt, sadness, shame, or frustration.

Aside from the emotional pain of a divorce, men often feel concerned about what will happen to their assets as a result of the impending divorce. Naturally, a man who has worked hard to carve out a comfortable life for the family will want to protect what he has earned.

While going through a divorce, many men believe that the best lawyer for their case is an aggressive lawyer who will handle the case with a ferocious approach. However, sometimes having an attorney who is subtle and comes off as compassionate can make all the difference in the outcome of a divorce case.

So is it better for a male attorney to be represented by a tenacious male attorney, or a stern but likable female attorney?

Truthfully speaking, the gender of your attorney doesn’t matter nearly as much as his or her ability to provide you with quality legal representation and his or her ability to gain your trust. No matter what your attorney’s gender is, if he or she is unable to adequately perform the job, or if you do not trust the attorney, you will more than likely find yourself unsatisfied with the outcome of your divorce.

Most importantly, individuals should understand there is no substitute for a qualified family law attorney, who will work tirelessly to ensure that your side of the story is presented in a way that will give you the best chance of getting your desired outcome.

Being Prepared for Divorce Court Proceedings

Written by redheadedlaw on September 11, 2013. Posted in Court, Divorce.

For many people, attending a divorce hearing will mark the first time they have been in front of a judge, and it can be a nerve-wracking and stressful experience. Not all divorces will involve significant time in court, but just in case yours does, you want to make sure that you are prepared for what court entails.

In the initial court hearing, the judge will usually make decisions and issue orders on things like child and spousal support. In some cases, these orders may be temporary, depending on the circumstances surrounding the divorce. The judge will also hear what issues the spouses were unable to agree upon, such as who should have custody of the children, how property should be divided, etc. If spouses are unable to come to an agreement, the judge will set dates for additional hearings to discuss these issues, review evidence from both sides, and come to a decision. In some cases, when both spouses have agreed to terms outside of the courtroom, additional hearings may not be necessary.

On the day of your scheduled hearings, it will be to your benefit to make it to the courtroom early. Being late to or missing your hearing could leave the judge with a negative impression of you, which could have a negative impact on the outcome of your divorce.

It is also important that you come prepared. Consult with your attorney before hand, and have exactly what you want to say/address in writing, act professionally and politely, and make note of any deadlines the judge gives you or your spouse. You want to make sure that the judge knows you are taking things seriously.

While awaiting for your next hearing, maintain a positive lifestyle and abide by any orders the judge sets forth in previous hearings. If you’re having a difficult time maintaining control over your emotions, counseling may be beneficial to you. You don’t want to do anything that may put you in a negative light, and cause the judge to side with your spouse.

For some, divorce can be a long and painful experience. However, with the help of an experienced divorce attorney, this process can go smoothly and will be over quickly.

What To Do After Receiving A Divorce Decree

What to Do After Receiving the Divorce Decree

Written by redheadedlaw on August 12, 2013. Posted in Divorce.

After the divorce process has been completed, many people often feel relieved. But there’s still work to be done. There are a few very important things you should do after you’ve received your divorce decree, in order to prevent any inconveniences in the future.

The first thing you should do is thoroughly read the divorce decree. Often times, people make the mistake of assuming they know what’s in the decree, so there’s no need to read it. You want to reread your copy of the divorce decree to ensure that it contains no mistakes. If, when reading the decree, you see any typos or other mistakes, immediately notify your divorce lawyer so that he or she can have them corrected.

The next thing you should do is to follow through on your obligations. After reading your divorce decree, you’ll have a list of tasks you need to complete. For example, the divorce decree may require you to remove your spouse’s name from your home loan by either selling your home or refinancing your mortgage. Making a list is a good idea because it will help you avoid being in violation of your divorce agreement simply because you forgot to do something.

Updating some important documents is also a must. After a divorce, your ex spouse’s name is probably still listed on many legal and financial documents, including some you may not see on a regular basis. Your legal name and address may have also changed. Therefore, you should update documents such as, your will, power of attorney, life insurance polices, emergency contact information that is on file with an employer, checking accounts, savings accounts, and credit card accounts.

Lastly, you should take some time to reconnect with family and friends. A divorce is a major life-changing event. It is stressful and disruptive to your regular routine. Take some time to yourself, meet new friends, join a gym, or even take a vacation. If you have children, remember that their lives have also been shaken up. Spend extra time with them to provide reassurance that everything is OK. Younger children in particular may have trouble coming to terms with the divorce, so pay attention to what they’re saying and what’s left unsaid. Consider talking to a family therapist if you think your children are having a difficult time adjusting.

Cons of a Do It Yourself Divorce

Written by redheadedlaw on July 31, 2013. Posted in Divorce.

The legal term that refers to self-representation in court is known as representing yourself pro-se. Many people who have taken part in a “do it yourself divorce” might find this term ironic because there are often times more cons than pros to it. Some divorces are too complex for anyone other than an experienced attorney to handle, which is evident by some of the following commonly made mistakes by individuals choosing to represent themselves during a divorce.

Many individuals who choose to represent themselves develop a false sense of security. They often believe that all financial and asset division issues are correctly resolved because the court accepted their forms and has issued the divorce decree. However, this may or may not be the case. Some problems can remain undiscovered for years until, for example, one spouse decides to purchase a home only to discover a mountain of jointly held debt that was never accounted for. Sorting these matters out can take a large amount of time, with both parties suffering from credit issues in the process.

Another mistake commonly made involves child provisions. Because there are so many options and choices when it comes to child custody arrangements, couples that make agreements without legal guidance frequently make mistakes. It is important to note that the Texas Family Code does not use the term “custody” in describing a parent’s legal relationship with a child, but instead uses the term “conservatorship.” Legally, there is no such thing as full, joint, sole, or primary custody under Texas law, and it is important for people representing themselves to fully understand child/parenting laws.

Mistakes are often made in property division. Often people do not understand Texas community property laws and in a pro se divorce may not be aware of rights to property which they have. Unlike children’s provisions, which can be changed (although it may be costly and time-consuming), property divisions are set in stone unless some kind of very obvious fraud was involved.

Individuals are encouraged to become knowledgeable in family law. However, representing oneself pro-se can result in frustration, wasted time, feeling overwhelmed, and it can increase the chances that you will end up with a settlement that is not best for you. It is not uncommon for a pro se litigant to appear before the judge more than once, be curtly told by the judge that the decree does not meet the requirements of the law, and have the judge send the person away to try to figure out what went wrong.

If there is no children or any property, a pro se divorce is perfectly feasible. If there is either of those, it may be pound-wise and penny-foolish not to hire a lawyer.

Difference Between A Divorce and An Anullment

Difference Between Divorce and Annulment

Written by redheadedlaw on July 16, 2013. Posted in Annulment.

Divorce and annulment are both designed to legally dissolve a marriage. A divorce ends a marriage while an annulment voids the original marriage contract, as if the marriage never occurred. If you are deciding between the two, it is important to fully understand their differences.

There are many reasons for getting an annulment, with the most common reason being for religious purposes. For many people, divorce is against their religion, making an annulment their only option. Along with religious reasons, some people get a marriage annulled because they simply don’t want to carry the perceived stigma of having been divorced. One of the differences between annulment and divorce is a matter of semantics. You are considered divorced if you have been divorced, but you are considered unmarried if you get an annulment.

To receive an annulment, you must be able to demonstrate that the marriage was invalid from the start and, therefore, should be voided. Valid reasons include: (1) Party is over age 16 but under 18; (2) impotency; (3) under influence of alcohol or narcotics; fraud, duress, or force was used to induce the person to enter into the marriage; (4) lack of mental capacity; (5) concealed divorce; or (6) marriage less than 72 hours after issuance of license.

The following marriages are void on their face (annulment does not apply): (1) one party to the marriage is related to the other (consanguinity); or (2) marriage occurred during the existence of a prior marriage (but may become valid if, after the date of the dissolution of the prior marriage, the parties have lived together as husband and wife and represented themselves to others as being married).

Many people will opt for a divorce because they believe divorce no longer carries the social stigma that it once did. An annulment can imply that one person did something wrong before the marriage, while many states allow no-fault divorces which do not require either party to prove wrongdoing.

The choice of whether to get an annulment or a divorce depends on your specific situation, and you and your spouse must agree on which one is best for you. Either a divorce or an annulment still requires you to address issues of child custody, spousal support, and property division.

Losing Health Insurance After a Divorce

Written by redheadedlaw on July 2, 2013. Posted in Health Insurance.

Each year, over 100,000 women lose their health insurance coverage after divorcing their spouses, and over half of these women remain uninsured for the long-term. For women with serious health conditions who were formerly insured through their husbands plan, losing their health insurance is especially devastating. For these women, finding a company that will adequately insure them at an affordable rate can be extremely challenging.

Few will argue that our current health care system is allowing some to slip through the cracks. In many cases, when someone is mulling over the already difficult decision of whether or not to get a divorce, they are being forced to factor in what will become of their health insurance. They are forced to consider what type of coverage options they will be left with, if any at all. In a country where frequent job and family changes are not uncommon, our system fails to consistently provide adequate coverage options for those going through these transitions, leaving many women out in the cold.

Some of the women who lose health insurance coverage following divorce are unemployed. This makes finding a health insurance plan that fits their needs more difficult because they don’t have the option of simply switching over to their own employer-backed plan. Those who are employed and were offered employment-based coverage often declined that coverage years ago, expecting their husband’s coverage to be more comprehensive or an overall better value. Even with the option to convert to their own plan after a divorce, many women may find it difficult to pay for their coverage on their income. This is especially true for middle-income women who don’t qualify for Medicaid.

Coming into effect on January 1, 2014, the Affordable Care Act will provide some much needed relief. It will help some women obtain adequate health insurance coverage following divorce. Those without employer-backed coverage will be able to buy insurance through exchanges and might qualify for federal subsidies to help pay for it, severely enhancing one’s ability to obtain health insurance.

In an effort to educate consumers, the U.S. Department of Health and Human Services has updated its HealthCare.gov website and launched a call center so people can get information about insurance marketplaces or exchanges 24 hours a day. Kathleen Sebelius, Secretary of the Health and Human Services, summed up their objective in a written statement by saying their mission is “to make sure every American who needs health coverage has the information they need to make choices that are right for themselves, their families or their businesses.”

What About The House?

Written by redheadedlaw on June 19, 2013. Posted in Divorce, Property Division, Real Estate.

During a divorce, the family home is usually the largest and most difficult asset to manage. What to do with the home is one of the most challenging questions a divorcing couple will have to answer.

If one party owned the home before the marriage, or received it as part of an inheritance or gift, it is considered his or her separate property. In this circumstance, he or she has the right to decide what to do with this house after the divorce, as well as who gets to live there during the divorce. However, since Texas is a community property state, when the home is part of the community estate, a judge may give temporary possession of the home to whoever has temporary custody of the children, in order to keep the children’s lives as stable as possible.

Stability often plays a part in the disposition of the home to complete the divorce. Sometimes parties agree to let one parent and the children stay in the home for a certain period of time. The children may be a couple of years away from graduating so the parties might agree for one parent to stay in the home until then. But divorcing couples are not always agreeable about the family residence. Some clients insist they should have the home, only to later regret the financial burden. It would be beneficial for divorcing to take advice from their attorneys or financial experts who see a house as a financial instrument and not as something that holds sentimental value.

In most cases, the family needed two combined sources of income in order to be able to afford the home. When one of those incomes is taken away, the house becomes difficult, if not impossible to afford. When you decide to divorce, there may not be enough assets to compensate the party who doesn’t get the house. In this case, parties often agree to sell the house or a judge can order it sold. Once the house is sold, generally the parties will split the proceeds in some manner.

Choosing The Right Lawyer

Written by redheadedlaw on June 12, 2013. Posted in Attorney, Divorce, Law, Lawyer.

When involved in a serious legal dispute most people know the first thing they should do is contact a lawyer. However, many people struggle with choosing the right one. Choosing the right lawyer is often times the most important factor in determining the outcome of legal disputes, so needless to say, a good amount of time and research should be invested in finding the best lawyer for you.

The first step in finding a good lawyer is to determine the type of lawyer you need. In most states, a licensed attorney may practice in any field of law, but most concentrate on very specific areas. Most states also have a process of specialization for attorneys. In the past, most lawyers were general practitioners, meaning that they handled cases in a wide variety of areas. Over time, the number of lawyers grew and our society spread out, and it became common for lawyers to concentrate their efforts. There are almost as many different practice areas as there are lawyers. For example, a lawyer who practices admiralty law might not be the best attorney to assist a person needing a divorce.

The next step you should take is to utilize referral sources. One of the best resources to find a lawyer that does the kind of law you need is through other lawyers. Everyone should know at least one lawyer they could call and ask for a referral. Even if the lawyer you know practices criminal law and you need someone to prepare a will, the criminal lawyer will be able to give you some referrals in the practice area you need.

You can also look online to research lawyers in the area you need. The Internet is an extremely beneficial source of locating a lawyer. Many websites maintain directories of lawyers nationwide. Most law firms these days maintain websites and usually you can find those through any search engine. Often lawyers are active in professional or community organizations which may be featured on a website.

Next, you should meet in person with a couple of lawyers. The initial interview with an attorney that you are considering hiring is extremely important. Take with you to the interview all of the documents and other information that relates to your problem. Don’t be afraid to ask your lawyer about his or her credentials, as well as how many cases he or she has handled that are similar to yours.

The last thing you should do is to establish reasonable expectations. Many people have never dealt with a lawyer before, so they don’t know what to expect. You should expect frank, honest advice. Your lawyer should point out the strong and weak points of your case and give you a realistic expectation of the potential outcomes. She should keep you informed and send you copies of documents pertaining to your case. If a lawyer gives you a guaranteed result, turn and run. Lawyers are prohibited from guaranteeing any particular outcome, so be very leery if this happens. Don’t expect your lawyer to act as a psychologist, financial advisor, tax planner, or to give any other advice outside of her expertise. If you need advice in other areas, consult a professional in that area.