How Much Does It Cost To Get A Divorce?

Naturally a concern for those looking to get a divorce is how much his/her divorce will cost. The costs of a divorce depend on many factors.
First, it depends on whether your divorce is going to be an uncontested divorce or a contested divorce. Usually attorneys charge a flat fee for uncontested divorces. There could be additional fees related to your particular situation. For instance, if you and your spouse own real property and one of you will be awarded the property in the divorce, then you will likely want a Special Warranty Deed. It is more economical for your pocketbook if your divorce is uncontested.
If your divorce is contested, then you will find that most attorneys charge an hourly rate for their services because your attorney has no idea how much time he or she will spend on the case. Different attorneys charge different hourly rates. Hourly rates differ based on attorneys’ experience and location among other reasons. If you are looking for an attorney that practices in the nicest building close to downtown, then be prepared to pay a higher hourly rate for that attorney. The higher overhead the attorney has to pay, the higher the hourly rate you have to pay. In addition to paying for the attorney based on that attorney’s hourly rate, be prepared to pay an initial retainer. An initial retainer is an amount of money that you put down at the start of your case. Your filing fee and fees to have your spouse served will be used out of that initial retainer, and then any remaining funds will be used based on the amount of time your attorney spends on your case and your attorney’s hourly rate.
Know that attorneys’ hourly rates and initial retainers vary from attorney to attorney. I always encourage people to shop around to find an attorney that they feel comfortable with. However, you should know that when shopping for attorneys over the phone, it is difficult for many attorneys to provide individuals anticipating a contested divorce with an exact amount of an initial retainer over the phone. Many factors are considered when determining an initial retainer; therefore, attorneys generally like to sit down and talk with individuals to determine what all might be problematic issues. Obviously, the more complicated the case, the more likely the initial retainer will be higher.

For more information on attorneys’ fees, contact me, Cari Brownlee, at 281-998-8880.

Protecting Your Finances During Divorce

Protecting Your Finances During Divorce

Getting a Divorce? Here’s Help On How to Protect Your Credit

Getting a divorce can have a negative impact on your credit.  I discovered a great article regarding protecting your credit during a divorce.

Getting a Divorce? Here’s How to Protect Your Credit | Credit.com Blog.

My ex will not let me see my son/daughter. What can I do if my ex will not let me see my kid(s)?

If your ex-spouse or ex-girlfriend/boyfriend will not let you see your children, you should contact a Family Law Attorney.  You will first want to establish visitation orders with a court in your jurisdiction. Once orders are established,then you have set times to see your children. If your ex does not allow you to see your children during your court ordered set visitation times,your ex could be held in contempt of court. Contempt of court may be punishable by jail.

If you are having a difficult time seeing your children, call me, Cari Brownlee, at 281-998-8880.

I was served with divorce papers. What should I do if I am served?

If you are served with divorce papers, after you get over the initial shock, you should contact an attorney. Attorneys that handle divorces are considered Family Law Attorneys. You do not want to procrastinate about consulting with an attorney once you have been served. If you are served with divorce papers you have a deadline to file an answer with the clerk of the court. If you do not file an answer, your spouse may get a “default divorce” against you. That would mean your spouse determining all property division and child related issues with you having no say. You do not want a default divorce against you.

If you have been served and wish to speak with a lawyer, call me, Cari Brownlee, at 281-998-8880.

Can I get a divorce in Harris County, Brazoria County, Chambers County, Liberty County or Galveston County if I am pregnant?

If you are seeking a divorce while you or your spouse is pregnant, the divorce may be filed; however, the divorce may not be finalized while you or your spouse is pregnant.  

 

Are gifts to me while I am married considered my separate property?

When individuals come to me to talk about getting a divorce, I am often asked what is considered separate property. Texas Family Code section 3.001 defines separate property as “(1) the property owned or claimed by the spouse before marriage; (2) the property acquired by the spouse during marriage by gift, devise, or descent; and (3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.”

Therefore, property owned prior to marriage is separate property. Gifts given to you is your separate property. However, a  joint gift to you and your spouse, such as a wedding gift, is considered one-half undivided separate interest in the gift for each.

What Is Considered My Separate Property in Harris County, Texas?

Texas Family Code section 3.001 defines separate property as “(1) the property owned or claimed by the spouse before marriage; (2) the property acquired by the spouse during marriage by gift, devise, or descent; and (3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.”

A joint gift to a husband and wife, such as a wedding gift, is not community property. Instead, each spouse has a one-half undivided separate interest in the gift.

At What Age Can A Child Choose Which Parent To Live With In Texas?

I am frequently asked at what age can a child choose which parent he/she wants to live with.  There is clearly a misunderstanding about children choosing who they want to live with. In Texas, children do not get to choose who they want to live with.  Section 153.009 of the Texas Family Code does allow for children to have a voice on the subject. The law allows for a party to request for the judge to confer with a child. Once a request is made for a judge to confer with a child, the judge must talk with children 12 years of age and older and may talk with children under the age of 12. Therefore, the law allows for children to state their preference, it does not allow them to choose.  The interview is merely evidence  courts can use to make its decision.  The court’s decision is ultimately based on what is in the best interest of the children.

May I Stop Paying Child Support Because My Ex-Wife or Ex-Husband Will Not Give Me My Visitation?

You should not stop paying child support because your ex-spouse is not letting you exercise your court-ordered visitation. Child support and visitation are two separate issues. Refusal by a party to allow possession or access to a child does not justify failure to pay court-ordered child support. If you stop paying court-ordered child support, you could be held in contempt of court.

If you are not being allowed to exercise your court-ordered visitation rights, contact me, Cari Brownlee, at 281-410-1177.