FAQ

Answer: It is always best to seek out legal counsel that:

• has experience specifically in family law (Note: it is fairly easy to look up how long an attorney has been practicing, and it is usually unwise to hire those with limited experience);
• has a depth of knowledge in legal analysis concerning both simple and complex fact patterns, as well as a successful courtroom record if your case cannot be settled out of court;
• maintains the appropriate staff to handle your vital issues and/or emergency needs (Note: sometimes single attorney firms can become overwhelmed with their caseload); and in contested matters…
• are genuinely willing and able to settle your case so long as your needs are satisfied to save you the emotional pain and unnecessary financial burden of needless protracted litigation while at the same time possessing the strategic wisdom and wherewithal to fight hard in court, when and if the need arises

Answer: Not in all cases, although everyone has the right to independent counsel. The single piece of sound advice that we offer is to see to it that you hire legal counsel who will listen, explain complex legal issues and work in your best interest. Letting your opponent hire an attorney, while lacking one yourself, is quite often a recipe for disaster, since their lawyer will only see to their best interests and not yours!

Answer: We advise our clients against using online legal services or pre-prepared forms. Online documents are often not Texas-specific, and they regularly leave out details that will later become difficult to correct or change once a final order is signed by the court. At a minimum, we always suggest that you engage legal counsel to at least review your final documentation, whether it was prepared by someone else, even an opposing attorney, to alert you to items that may be left out or requirements that were purposefully added that could affect you adversely in the future.

Answer: One attorney cannot represent adverse parties in any lawsuit in the State of Texas. This is considered unethical. It is possible, however, for one party to hire counsel. Then because it appears that the parties agree, the attorney may reach out to the other side to attempt to broker an uncontested private settlement between the parties. In such cases, the attorney will distribute the settlement terms to both sides, and if they both execute it, a final order can be drafted and sent to the court for the judge to sign off on it.

Note: If this is the route you wish to take, ensure you are the party who has hired the attorney!

Answer: If at all possible, it is ALWAYS advisable to speak with an attorney before discussing divorce or any other family law-related issue with a potential opposing party and even other individuals that conceivably alert the potential opposition of your intentions. A competent and experienced Family Law attorney will answer your questions, explain the process and add insight into the pros and cons of pursuing your action. This has nothing to do with subterfuge and everything to do with understanding your rights and how to best protect yourself in what might turn out to be a very difficult, emotional, and often confusing situation. Simply put, you need to know where you stand first, even if you then speak with your spouse or potential opponent about a settlement. In this way, you will be on firm ground and not so easily taken advantage of.

Note: If your attorney cannot amicably settle your case out of court, it is important to know that the party who files FIRST gets to put on opening statements in court FIRST, put on witnesses and evidence FIRST, and make their closing arguments FIRST. We cannot emphasize enough that over the decades, even when prospective clients have spoken with one of our attorneys who advised them NOT to divulge their intentions to potential opposing parties to seek a quick settlement, or to be fair, before letting us a file, the opposing side usually then immediately files first, much to the disadvantage of our client. Also, note if you have already spoken to a potential opposing party, while we cannot change history, please give us a call. We can electronically check court records for free to determine if they have already been filed. Still, we may not have informed you in an attempt to hide assets or to secretly maneuver you into making a mistake before they served you with notice.

Answer: An uncontested divorce in Texas can be finalized just after sixty days from the date it is filed. However, if there are complicating issues, such as the divorce is not entirely uncontested or if the court’s docket is backed up, this will generally not be the case. If there are child custody or financial issues involving either debt or equity which are being contested, a divorce will generally take much longer than sixty days.

Answer: If you and your spouse can agree on all custody issues (if minor children are involved) and agree on all financial issues (dividing community debt and equity), your attorney can complete what is known as an uncontested divorce reasonably quickly, by drafting a final decree and possibly a child support order, as well as all other necessary paperwork. Other drafting needs may include deeds for the sale or transfer of real property, title change paperwork for vehicles, Qualified Domestic Relations Orders (QDROs) involving retirement benefits, and so on. If an uncontested divorce can be agreed to, this will avoid the unnecessary delay and cost of contested court intervention.

Answer: Remember, both assets and debts are divided in a divorce since Texas is a community property state. This means that all of the assets and debts accumulated during your marriage are subject to an equitable division by the court. Note the word “Equitable” here. Depending on your case facts, “Equitable” may not mean a 50/50 split. Other exceptions to this general rule are the existence of a premarital agreement or items that are determined to be sole and separate property. Always ask your attorney how property items are characterized, as well as how a local court might likely divide your assets and debts based on the facts of your case. It is also important to note that if you and your spouse agree, you may divide existing assets and debts in any manner you choose.

Answer: Both child support and medical support orders for minor children are generally mandatory in the State of Texas. Child support is calculated statewide using a specific calculation outlined in the Texas Family Code. Factors involved in determining child support include the amount of the payor’s gross monthly income, who will serve as the residential parent of the child and will an actual 50-50 split of time between parents will take place. And who provides medical and dental insurance for the children. Parties can sometimes agree to deviate from the norm in certain circumstances. Medical support will need to be included in a final order also. You should always have your attorney review the facts of your case and make sample calculations on whether you believe you will potentially be paying or receiving child support.

Note: Listening to what others have to pay or receive or looking at how an average payment is calculated on the internet is most often incorrect. Calculations need to be made by a court professional who will consider various facts specific to your case. We can initially calculate child support and medical support figures for our clients, which can be factored into negotiations in some cases.

Answer: Alimony is against the law in the state of Texas. Temporary spousal support, however, can be ordered while a divorce is pending. In certain circumstances, some form of spousal support after a divorce has been finalized can be ordered for specific reasons or a specific term. The consideration of whether the court might order spousal support would depend on several factors. You should have your attorney review your specific case facts, if this is a realistic concern, to give you a reasonable expectation if such an award is probable in your case.

Answer: Texas law is gender-neutral concerning all child custody matters. The Texas Family Code is based on a Children’s Best Interest Standard, which means that the court, in a contested custody case, will assess all of the issues related to the child custody dispute. Numerous issues are involved in custody cases, including the establishment of joint or sole custody; who might be named as the residential parent; joint or sole parental decision-making for the child; child and medical support; geographic restrictions; visitation, etc. All of these issues, and more, are at stake during custody disputes, and only an experienced family law attorney will be able to fully explain the importance of each, as well as plan the appropriate strategy to use in your specific case.

Answer: If a situation exists where opposing parties cannot agree on all issues, but they are not too far apart, your Family Law attorney may help with a private settlement agreement or through the process of mediation using a qualified professional to bring both sides together, resulting in a non-revocable mediated settlement agreement on all issues or even just on some of the issues. Your attorney can then draft a final order based on the mediated agreement, which can be sent to the court, avoiding a contested trial. In a case where severe concerns, such as adult or child abuse, child alienation, substance abuse, or criminality in some form exist, or where one party believes that the other side is just pushing for an unfair solution, the assistance and advice of your experienced Family Law attorney will be critical in tailoring specific protections, workarounds, or in dovetailing interests to satisfy each side and hopefully reach an agreement. If you cannot agree, you will not be forced to settle in mediation.

Answer: Basically, there are four assets considered to be sole and separate in Texas.

1. Anything that an individual comes into a marriage with;
2. Anything gifted to a spouse before or during the marriage;
3. Anything inherited by a spouse before or during the marriage;
4. If a spouse receives an award from an accident or injury settlement that was awarded specifically as their sole and separate property.

It should be noted that the Texas Family Code, as well as case law from Texas appellate decisions, do govern property divisions. You should ALWAYS ask your attorney about your specific facts.

Answer: Generally, retirement benefits earned before marriage are considered sole and separate property. However, as stated above, The Texas Family Code, as well as Texas case law, can be invoked in certain circumstances. As an example, in cases involving military retirement benefits, or unvested benefits at the time of divorce, different scenarios exist for the potential division of such funds. The employment and advice of a very experienced Family Law firm are critical in such cases.

Answer: Attorneys have the right to request what is called discovery under Texas law. In fact, new rules under the Texas Rules of Civil Procedure require a certain amount of discovery to be automatically exchanged between parties early on during a divorce or other family case. If additional information not otherwise available to one party is not provided, your attorney has the right to request additional, more involved discovery.

Answer: Most likely, yes. State agencies are well-staffed by attorneys that will have no problem taking you to court. When you hire an experienced Family Law firm, they will be used to working with these agencies and their local staff members and attorneys. Your firm will be able to advise you concerning what to do and how to proceed and hopefully keep you out of court. If you are required to appear in court, the representation of an experienced Family Law Firm will be vital as a thorough knowledge of the Texas Rules of Civil Procedure and the Texas Rules of Evidence will be instrumental in your defense.

Answer: A whole host of different experts are available to a knowledgeable Family Law firm. Such experts include:

• Counselors
• Psychologists
• Psychiatrists
• Forensic Accountants
• Attorney Ad Litem or Amicus Attorneys
• Drug and Alcohol Evaluators
• Drug and Alcohol Testing Facilities
• Visitation Supervision Facilities
• Business Evaluators
• Home Study Experts
• Parenting Coordinators and Facilitators
• Surveyors
• Real Estate Appraisers and Brokers
• Computer Forensic Experts
• Mediators

Izzo & Associates has worked with countless experts in every field imaginable when necessary and cost-effective to aid our clients in successfully resolving both contested and uncontested cases. In addition, our firm has developed professional relationships with a host of non-family law-related attorneys who are experts in other associated areas of the law, which sometimes benefits our clients.

Answer: The Texas Rules of Civil Procedure now require the exchange of certain basic information early on in almost all Family Law cases to allow each party access to data they may not have. In more complicated cases where one party is not disclosing information vital to the conclusion of a case, your Family Law firm has five basic options to gain such data. Not every case necessitates the use of the following or the use of all of the following. Izzo & Associates is adept at determining when and if necessary to utilize these tools:

• Interrogatories involve asking questions that generally must be responded to in the narrative form.
• Requests for the Production of Documents involve requesting the opposing side to provide your attorney with documentation, including communications, tax records, business records, etc.
• Admissions involve yes or no answers, e.g., Admitting or Denying specific things or occurrences.
• Disclosure Requests involve specific questions required by the Texas Rules of Procedure.
• Depositions involve setting a time, date, and place where your attorney can ask the opposing party questions on the record, under oath, for later use in the case or court.