Frequently Asked Questions

Separate property is generally defined as the property of a spouse which was acquired before marriage, by gift, by inheritance, or through a personal injury lawsuit for spouse’s bodily injuries.

Community property is all property acquired during the marriage which is not separate property including the personal incomes of each spouse.

There are provisions in Texas law to address rights of reimbursement that each estate (separate and community) have between the spouses. Using separate property to pay off debt against a community asset would be one way of creating a right to reimbursement. If you believe that there are issues involved in your case which could give rise to reimbursement notify us immediately so that we can address those issues.

Most divorces in Texas are granted on a “no fault” basis. However, if you have been the victim of adultery, cruelty, violence, or some other type of marital fault, you may decide to pursue a divorce on a “fault” basis. Fault-based divorce is pursued to seek a disproportionate or greater share of the community property. If you feel that you have a fault-based claim in your divorce, discuss the issue with your attorney so that we can decide how to approach that issue in your case.

While most people believe that community property is divided on a 50/50 basis, there is no such provision in Texas law. The court is commanded by the Family Code to make a division of the property that is fair and equitable under the circumstances. In many cases that works out to be roughly 50/50, in others it does not. In the event of a fault-based divorce it may be considerably different than 50/50.

Each case is different. The law requires that every divorce be on file for at least 60 days before a final hearing can be held. However, depending on the amount of property to be divided, custody issues, the anger level of the parties, and the ability of the parties to compromise on the small issues and fight over the big issues, a case may take from 60 days to a year. The other party’s lawyer also makes a difference. Some attorneys are obstructionist and want to debate every issue, others want to solve problems and seek resolution for the parties.

You can save yourself money in this case by doing some of the leg work yourself. We bill attorneys at $300.00 per hour and staff is billed at $125.00 per hour. If you provide us with the information we need, such as witness statements, real estate documents, and property values, you will cut down on the hours we will have to bill on these items and thereby save money. Also, if we request records, please organize them with an index and cover sheet so our staff will not have to charge you to organize them for you.

Yes.

Without a Will, Texas law contains special provisions which dictate where your stuff will go when you die.

If you are married and you have children from a previous marriage, Texas law requires that some property go directly to your children when you die. This can cause unintended problems.

The probate process without a Will is much more complicated, requiring the appointment of an attorney ad litem, additional paperwork, and additional testimony. It also costs significantly more than an independent administration using a Will.

First, we need to assess the property owned and any potential debts. Only after analysis can we determine the best procedure for your situation.

Many times, the only procedure available is an intestate administration and determination of heirship. In this process, a person is named as administrator of the deceased person’s estate and the court determines the identity of the deceased person’s heirs.

There are options to transfer property from someone who has died without a full administration process, but these options are only available in certain circumstances, and we will need to analyze your case before recommending one of those options.

Maybe. People often get confused between trusts and wills. A trust is an agreement where a person, called a trustee, holds property for someone else, called a beneficiary. Trusts can be created during your lifetime (a revocable or living trust is a lifetime trust) or under your will (a testamentary trust).

Some trusts can help to protect property from creditors and legal claims. Other times, trusts are used to try to keep privacy and avoid the probate court.

Your need for a trust is best determined once you’ve discussed the matter with one of our attorneys.

To protect you during a period of incapacity or illness where you cannot manage your own finances, you will need to appoint an agent under a Durable Power of Attorney. The only alternative in most cases is a guardianship, which is expensive and arduous.

Texas law will appoint certain people to fill that role unless you have a Medical Power of Attorney which appoints the person you choose to make medical decisions for you.

Mediation is a way to try to resolve disputes outside of court with an impartial third party presiding over the process: the mediator.

Mediation is voluntary, though it may be ordered by the court, each side has full control over whether they will enter into a settlement agreement.

Mediation is confidential and what the parties say in mediation cannot be used in court, making mediation a place where all possible solutions can be explored.

Most civil cases, including family law and probate cases.

In court, the resolution is left up to the judge or jury: the judge makes a ruling or the jury renders a verdict. In mediation, the parties have an opportunity to discuss the issues together, brainstorm options, and document an agreement instead of facing the risk and expense of trial.

Mediation allows both sides to understand the potential strengths and weaknesses of their case before entering the risky courtroom environment.

• Faster than going to court
• Cheaper than continued litigation
• Avoid risk at trial
• Confidentiality
• Preserve relationships
• Provide flexibility in finding solutions
• To have more control over the outcome

Each side pays the mediator a set fee, based on a half or full-day mediation session.

The fee is based on the complexity of the case and the number of parties involved. A fee quote will be provided to you once our mediator has received your request to mediate.