Category Archives: Houston Divorce Lawyer

family law

Hire The Right Legal Representation

Divorce is devastating for all involved, and that doesn’t always just mean the couple going through it. If there are children involved, it can have lasting effects on them as well, and as things like custody and child support are typically ongoing processes, a divorce can seem to go on forever. Regardless of the reasoning behind wanting a divorce, there are many things to think about before heading to divorce court in Houston.

Step one is to get yourself familiar with the laws regarding filing for divorce in Houston. You can find the answers to your questions through the right law firm, and often the best law firms will cover this topic extensively on their website. There, you can make sure you and your spouse are even eligible to file for divorce in Houston. From there, you can read up on things like how children and division of assets are handled in the area. The most important step when heading for divorce court in Houston is employing the services of the right lawyer.

You might think to yourself, “I just want a lawyer who isn’t going to cost an arm and a leg and who will get the job done quickly.” But if you really think about it, when it comes to separating two people’s lives, including splitting up where their children will live and when and who’s going to keep the house, etc., you don’t want the quickest lawyer. Sure, you want a lawyer who will stick to the task at hand and get you through the process efficiently, but you should also keep in mind that the right divorce attorney should offer a certain level of expertise that may not be the cheapest option in the city, but instead be the better option for you and your family. The best divorce attorneys fight hard to get you what they know you deserve. They work hard for your entire family because your children matter to them. They do the job well, and when you are in divorce court, they’re there, doing their job from beginning to end.

Experience, professionalism, dependability, and a good reputation in Houston are the first and foremost attributes you should want your lawyer to have. You want a lawyer who has practiced divorce law extensively and is familiar with all of the ins and outs of child custody arrangements, child support, and division of assets. A great lawyer is dependable.

When you need to discuss your case and when you need representation in court or for mediation, they are there. This is the most important thing to consider when choosing the right divorce attorney. Professionalism and a good reputation typically come hand in hand when the other two areas of importance are covered. The right divorce attorney handles his or herself with dignity inside and outside of the courtroom and is respected by his or her peers and those serving at the local judicial level. At the end of the day, a judge is going to determine who gets the kids and how much support is going to be paid in or out, and which party gets the house and which gets the vacation home. By choosing a lawyer who is well-known and esteemed in the area, you’re truly helping your own case. Divorce is almost never easy for anyone, but the right representation can help make the process and time spent in divorce court in Houston a little better. Choose wisely, and you’ll be very glad you did.

Condonation as a form of defense for divorce

Busby__1
Statistics have shown that at least 40% of the marriages in the United States end in divorce. So, chances are that if you’re marrying, you may actually find yourself divorced after a decade or so. However, look at the scenario in some other way. At least 60% of the marriages to work and last till a lifetime. So, if you happen to be amongst those 60%, then you definitely going to have a wonderful time. However, if you do fall in the red zone of divorce, then there are a lot of things for you to consider.

If you want to get back your partner, if you want to reconcile, then there are a lot of common considerations in order to get the appropriate defense for your divorce. You could go for Condonation, which is actually a form of defense that is to be constituted as a fault in the grounds for divorce. It is actually the forgiveness or the acceptance by any of the spouse for the wrongful behavior that has been committed by the other half. So, a very common example in this case would have to be adultery or cheating of the wife by some other person when married. If the husband can sue for divorce, then the wife can pull out of the Condonation ground, ensuring that the lawsuit understands about the husband condoning the behavior. This is definitely a ground for any kind of divorce annulation. After all, the wife can actually argue that the husband had forgiven her, and was already intimated about the part of adultery from much before. So, she actually has a wonderful defense, something that can help cut herself loose in this case. The lawsuit will be done in order to determine whether the divorce will be in favor of the wife or the husband.

In most of the divorce cases, there are problems of adultery. It is either the husband cheating on the wife, or vice versa. So, when similar cases of Condonation do come to the ground, there is subject to cancellation in the lawsuit. The court can sometimes ask if the wife was engage in physical activity when cheating on the husband. This is definitely going to come up in the defense of the case, and the state will be able to look into the scenario and understand whether it has a valid reason or not. If there is Condonation, then the wife cheating on the husband will be taken care of. The courts may actually consider going for such kind of acts in the petition, and you will be able to get high significance as well as a dependency on the various kinds of circumstances for a particular case.

Condonation is actually going to refer to conditional forgiveness, or any kind of offence that has been committed by the spouse to be negated. So, it is only done. Whenever there is any kind of chances for reconciliation between the couple. In case there is any sexual activity between the couple going for a divorce, it does not in any way result in a favorable outcome for the couple.

In most of the states, they have been able to adapt to the Condonation legislation. However, most of the time, the court cases would decide whether the person or the couple, actually has any kind of intention to reconcile, or whether this is just a gimmick. Going for conducting a divorce petition is not something that can be done on a daily basis, it needs a lot of careful planning and execution. So, it is very important for the people to realize about the wrongful behavior of the spouse, and take correction steps at the earliest possible opportunity. Doing so, the courtroom and the duties were to decide whether the couple is eligible for divorce or not. These are subjected to a lot of legislative features, and people will be able to realize about the need at the absolute want of the couple to forgive the offending person involved.

Condonation is an act that is only to be done if the people feel that they have some kind of magic that can be rekindled in the relationship. If not, it would be a wise decision for them to separate. There are a lot of things that go into understanding about a relationship, getting to know about how they will be able to bring about the desired changes to their life. So, the recent trend in going for such kind of cases is that most of the states have actually been able to adopt a breakdown of the marriage or a similar standard where Condonation is looked upon as a source of defense. So, if you want it scratched out, then you could take the help of a good lawyer.

ABOUT THE AUTHOR

Michael Busby Jr. is a divorce & family law attorney,  who practices in Harris and Fort Bend Counties, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris and Fort Bend County Texas family law courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks. Michael Busby Jr. 2909 Hillcroft Suite 350 Houston, Texas 77057 (713) 974-1151 Visit me on the web at www.busby-lee.com
facebook cover 4.27.15

Duties of a Houston Divorce Lawyer

facebook cover 4.27.15
Even if your marriage has failed, your life has to go on. This calls for a logical analysis and conclusion of divorce proceedings. A Houston divorce lawyer has his work clearly cut. He will not only be your legal counselor, but he will also be responsible for reining in your emotions which if left unchecked, might ruin your chances at a relatively quiet process. There is always a vengeful feeling lurking somewhere in one’s heart. A Houston divorce lawyer needs to explain the law to you. You need to be able to conquer this feelings with objectivity rather subjectivity. The sooner the proceedings are over and done with, the sooner you will move on with your life and leave the hurt behind.

Among the foremost of the Houston divorce lawyer obligations to you as a client is to explain the available legal options to you. Needless to say that most people expect to get the best deal out of a divorce…get children’s possessive custody, end up with all the marriage property and get child support and spouse maintenance. However, the law does not work like that. It is equitable and fair. Justice must not only be done, but it must seem to be done. You will therefore end up feeling like you got a raw deal from the divorce. Whether you caused the marriage to break or not, the law will put the children from the marriage first. It will then consider what is equitable and fair. In this regard, your emotions will be a distant third.

Another chief role of a Houston divorce lawyer is communication. He must brief you about each and every development in every stage of the case. This helps you prepare yourself psychologically and financially for a possible outcome that may potentially ruin your life. Every stage in divorce proceedings points to a possible outcome. For example if your spouse get the possessive custody of the children, he or she may also get the house. You will be expected to pay child support and spouse maintenance in case the other spouse is not working. This may trigger a wave of emotions if communicated in one single briefing. However, if communicated in stages, it might not be as bad.

A Houston divorce lawyer must communicate with you the proceedings expenses and legal fees you are expected to foot. Legal fees are usually high and most people will require paying on monthly basis. The invoices sent must clearly explain how the cost was incurred. Whether it is for work done, court representation, legal forms filled, or any other expenses, a client has a right to demand accountability from the lawyer lest he be charged for expenses he has not incurred. You do not want to be paying for nothing in a divorce proceeding. It is like rubbing salt to a wound. Here you are expected to part with half your property – if not more – and the guy you have hired to help you save as much as possible is not being very clear on how you incurred the expense. In short, open communication is what you should get with your legal representation. Most Houston divorce lawyers always advocate for this!

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



How to find a good Houston divorce lawyer

facebook cover 4.27.15
Most people are cynical about finding a good lawyer. The general perspective is that lawyers are conniving, greedy and morally corrupt. However, this is generalization and these exact traits can be said of any other profession. From law enforcement to business, politics to lobbying, any profession is bound to have a few ‘rotten eggs’ that spoil the name of an otherwise good profession. Houston divorce lawyers are one such group of professionals who have been vilified due to the actions of others. Of all the people you hire as consultants, lawyers are some of the consultants who you cannot afford not do due diligence on. Below are some of the things you should include in your due diligence checklist.

Source of the divorce lawyer

Picking a Houston divorce lawyer on the internet is easy. However, if you stop there, you are likely to get poor services. Perform a thorough background check. Most experts agree that the best way to find great legal representation is through personal referral. Has your friend had a divorce in the recent past? How good was the lawyer? Why not ask your friend for the lawyer’s contacts if he did a great job? And if you have a lawyer’s contacts, why not give them to your divorcing friend? He cannot share your divorce details with your friend. What you tell your lawyer is called privileged information and it cannot be shared with anybody else.

Another source of good legal services is through business referral. There are companies that have specialized in lawyer referral services. They usually refer you to a good lawyer since they expect to make some money from both you and your lawyer. Amazingly, they can even change that lawyer for you if upon meeting with the lawyer; you are dissatisfied with his services.

Specialization

A Houston divorce lawyer who specializes with divorces is likely to offer you better representation than one who has been doing all forms of legal representation. What you need is somebody with enough experience under his belt that he can almost determine the result of any form of proceedings. Specialists usually have a knack for detecting trouble and looking for ways to avoid it before it knocks on the door. This is why an experienced hand is important.

Personal traits

The ancient personal traits of a good person should come first on your due diligence checklist. Humility, Intelligence, assertiveness, knowledge of the subject, communication, punctuality, and honesty are human characteristics that define a good person. You would want to work with a person that empathizes with your situation. You do not want to end up with a lawyer who sees you as just the next months’ fat paycheck. Remember that divorces are usually a time of heart ache, financial ruin and separation with your kids. Getting a lawyer who empathizes with the misfortune that has visited on you helps you go through the process. It cannot be gainsaid that the importance of a lawyer is to present his client’s good side. How can somebody purport to represent you if he has not taken time to understand your problems?

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



After Effects of Divorce on Women

facebook cover 4.27.15
When looking at the status quo, it seems that women are affected by divorce worse than men are. When examining this statement it becomes clear that the reason for this is mostly because in long-term relationships children are a norm and the responsibility of caring for these children after divorce usually falls upon the females. The related stress and negative factors that should be calculated into the equation conclude that women have a much harder road to walk after divorce than men.

One of the most predominant stressors is the financial stress of caring for one or more children singlehandedly. After factoring in legal fees, child custody battles and dividing marital assets, single moms have to pay school fees, food, medical expenses, housing, water and electricity, gas and oil, insurance, car payment and any other daily expenses on their own salaries without the help of their former spouses. Women are also paid less than men and at average every women makes 70 cent to every 1 dollar a man makes. This means that divorced women have the responsibility to care for her children on a salary that is not equal to their counterparts and thus single moms have it harder than single dads. It is clear that women are more vulnerable economically than men after divorce.

America boasts about women being equal to men and as a so-called civilized country try to help other countries like Africa with gender equality. It is clear that their government thus applies a form of hypocrisy trying to change in other countries that which is not yet right in their own. It should be obvious that in big cities like Seattle and Houston the amount of struggling single moms should be few and yet it is not so.

It seems that after all the custody battles, roughly 84% become single moms and of this 84%, 79.5% of them are permanently employed while 27% of them live in poverty. Divorce is a messy business and it generally easier for women going through a divorce to go to a female divorce attorney. Going online is easy when looking for a divorce lawyer because they are rated according to their experience, their professional conduct as well as how much industry recognition they het.

An excellent illustration of the use of the internet, even if you go to your local internet café is when you research one of the best namely Houston divorce lawyer Cynthia Thomson Diggs. This ambitious lawyer has a rating of 10 and is licenced for 29 years now.  Another good example is that of Houston divorce lawyer, Cynthia Brown Tracy whom has a rating of 3.5 out of 5 for experience, 2.5 for industry recognition and 5 for professionalism.

However, if looking for a male divorce attorney, the same rules apply. A lot of the time men are personally preferred as a divorce attorney simply because of their intimidating demanding presence. The ratings show that Missouri City divorce lawyer Matthew Allen Skillern also has a rating of 10 and is an outstanding divorce attorney. Nonetheless, if you’re just looking for a normal divorce lawyer, it is easy as the attorneys are classified between average, good and exceptional. For example, Missouri City divorce lawyer John Millard has been classified as a good lawyer with a rating of 6.7.

The conclusion can be drawn that women suffer more than men when it comes to divorce and the psychological and emotional as well as the financial damage is worse for the women than for the men. This means that you need a competent divorce lawyer and with the help of the internet, you will have the necessary information at your fingertips.

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



 

Preparing For A Divorce In Houston And The Rest Of Harris County

facebook cover 4.27.15
When we get married, we have all intentions of spending the rest of our lives with the person we say “I do” with. Unfortunately, with the great sides of life come some bad sides. As time goes by, things that happen may change your outlook as to whether or not your marriage will weather the storm.  The reality is, divorce happens, and it happens often. That being said, the first thing you can do to prepare for your divorce is to forgive yourself and your partner. Realize that you are not alone, many relationships are in the boat with you. This will help you to clear your mind and really prepare. Now, the real preparation starts.

The next thing you should do to prepare for your Harris County divorce is to look for an attorney that is nearby who can help. You’ll be spending plenty of time with your attorney throughout the upcoming months. So, it’s important to find one that is close by and good to work with. Don’t worry, no matter where you live, you’ll be able to find an attorney. All you need to do is go to your favorite search engine and type in the following…

If you live in Houston, type in “Houston Divorce Attorney”.

If you live in Jacinto City, type in “Jacinto City Divorce Attorney”.

If you live in Jersey Village, type in “Jersey Village Divorce Attorney”.

The truth is, Harris County is huge so I can go on and on with examples here, but I think you can see a trend here. Simply type divorce attorney or divorce lawyer after the name of your city and you will find several in your local area.

The next thing that you should do to prepare for your divorce is to think of what is a fair settlement. I know, you may have all the hard feelings in the world right now. You’re angry, mad, sad, you’re just not yourself. But, you’re going to need to be civil. If not, your divorce may reach a litigation stage. All this is an attorney slug fest for the most on either side. That’s just not necessary. Take down a list of everything mutually owed and legitimately split the value of the total in half. Do the same with your debts and any other assets. Everything should be divided equally…at least in a perfect world that would happen. Each divorce is different and I’m not a lawyer, but I feel like I know what is fair. That is unless there are extenuating circumstances, like adultery.

The final tip I can give you includes thinking of your children. They are the most important and most fragile pieces of a divorce. That being said, always remembers not to fight in front of your children. In a perfect world, you and your wife or husband would sit down and explain what is happening to your children. Being honest is important here. This is going to be a rough time, and you can expect a bit of backlash. Divorces are hard on everyone, but they are the worst for children. Make sure that your children know that mommy and daddy still love them and that the divorce is just something that they need to do.

As far as the rest goes, you should consult with your Harris County divorce lawyer. Your divorce lawyer will walk you through the steps of carrying out your divorce.

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

 

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



Divorce and Property Laws in Houston

facebook cover 4.27.15
A Houston divorce lawyer is very important when it comes to the division of property. Actually this bit is what makes the divorce cases a nails-biting affair. It is even worse when the spouses are relatively wealthy since this means they have a lot more property to be divided. There are three major property definitions that are important in the divorce property law in Houston.

Marital Estate

This is all the property owned by the spouses during the currency and before the currency of their marriage. It includes both separate property and community property. But this is not where the contention is.

Separate Property

This is the property that is owned by a spouse before he/she got married to the current spouse. It also involves items such as gifts, inheritance, awards to personal injuries, and property left to a spouse in a will. A major contention arises under this category since the other spouse will want a piece of this estate. Supposing a couple does not work and they have been relying on the husband’s inheritance. What becomes of a wife who gets divorced by such a guy? This is a question for the Houston divorce lawyer. In another scenario, what happens to a husband whose wife recently came into a large inheritance but the husband did not contribute whatsoever to its accumulation and now the wife wants to divorce him? This is another question to divorce experts.

Community Property

This is all the property and wealth accumulated by spouses during the currency of their marriage, other than separate property. It is another very contentious piece of marital estate. A husband will claim that he has been putting in 40 hours a week to create that wealth while the wife will say that had it not been for her moral support, the husband would be nowhere near where he is.

As difficult as these two types of properties are to differentiate, the court will sit and determine the veracity of any claim based on the evidentiary material produced to support each claim. You certainly do not want to be the Houston divorce lawyer in trying to convince a judge that a husband should share 50 % of his wealth with his ‘sit at home’ wife or a wife to share her inheritance with her abusive husband. That is how nasty it gets.

To further complicate matters, there is money in the bank, retirement benefits among other properties that are hard to place in either of the above categories. Courts always encourage out of court settlement and if this is not possible, then the court will decide for the warring parties.

The court shares the property equitably and/or in a fair manner, considering the rights of the spouses involved, and the right of the children from the marriage. For the community property, the court may decide to share the property equally or disproportionately according to who caused the failure of the marriage. Of course there will be a lot of evidence, accusations and counter-accusations that will help the court decide the best course to take. Courts not only seek to do justice, but must also be seen to do justice. They will therefore not divide the community property equally between a cheating husband and a faithful wife and vice versa. They will reward the honor of family as a unit and punish indiscretion.

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

 

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



My spouse will be honest about our assets

facebook cover 4.27.15
Even if you’ve decided to settle the terms of your divorce with regard to division of property, you should still consider the possibility the assets listed may not be all of the assets at stake.

Don’t fall prey to this myth…

My spouse will be honest about our assets.

When one spouse knows they will be filing for divorce, they often begin hiding away assets in accounts of their own. They do this far in advance of filing for divorce during a time when you would not expect them to be taking such covert actions.

One mistake to avoid during a divorce is to assume that your spouse has accurately reported all the assets they control. In order to find the other assets, you will need to do some sleuthing. You should also keep in mind that they have likely set up a decoy account to make you feel like you have “found the treasure” when the larger nest egg is really hidden somewhere else.   Here are four tips for finding hidden assets:

Look for clues in tax returns. Are there accounts or assets accounted for that you are not aware of? Look for clues in bank and investment accounts. Are there regular transfers in small amounts? Where did they go? What ATM withdrawals were made and what were they spent on? Look for clues in paychecks. Is there any deferred income earned during the marriage that will be paid after the divorce? Have any payments been made in cash that could have been hidden away? Look for clues in business accounts. Do expenses and payments match up? Are payments being made to legitimate vendors?

In order to determine if we can help you find hidden assets, we need to meet with you for a consultation to talk about your situation.

 

To schedule a consultation, call us today at (713) 974-1151 or visit me on the web at busby-lee.com

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



My spouse will be fair and cooperative

facebook cover 4.27.15
There’s nothing like a divorce to make people who once were civil and kind erupt into all sorts of irrational behavior. If you are preparing for divorce, keep this myth at the forefront of your mind: My spouse will be fair and cooperative.

Truth: Divorce is an emotionally agitating experience. People who are usually reasonable can often become unfair and extraordinarily uncooperative.

You would be shocked to hear the lengths to which disgruntled spouses will go to make their partners absolutely miserable.

From dropping cell phones into the toilet to turning off clock radios to make it look like the other spouse was negligent in getting up and taking the kids to school, once civil individuals can decline into unbelievably unkind and selfish behaviors.

When you rely on your spouse to be fair, cooperative and even ethical, you may be putting yourself in a disadvantageous position.

If you have observed this kind of unreasonable behavior from your spouse, it is important to have good legal counsel on your side to protect your reputation and advise you as to how to gather evidence that shows support for your character.

During a consultation, we can help you understand how to document such events effectively so they can later be brought to light in your case.

If seeking legal counsel for your divorce is something you’re still considering, please pick up the phone and give us a call.

To schedule a consultation, call us today at (713) 974-1151 or visit me on the web at busby-lee.com

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



You will get to keep the house

facebook cover 4.27.15
If you own your home, one of the biggest points of contention you are likely to face—outside of the custody of children—is who, if anyone, will get to keep the house.

You will get to keep the house.

Truth: You may not be the one who gets the house. In some cases the home must be sold in order to accurately divide assets among the two parties.

You may want to keep your family home. You may have strong ties to the community. But before you make this decision entirely on emotion, ask yourself the following questions:

Is the home in good condition or does it need repair?
Will you be able to afford the payments?
Is the neighborhood safe?
Is it convenient to your place of employment?
What would the outcome be if you did sell the home?
Would selling provide a greater advantage than keeping the home?

Again, dividing assets can be a tedious part of the divorce process. While you may be able to make this decision as a couple, you should have someone advise you who is able to ensure the division is fair and beneficial when it comes to both the assets and the liabilities (debts) involved.

For an objective perspective on your division of property and your desire to keep your family home, please contact our office to schedule a consultation.

 

To schedule a consultation, call us today at (713) 974-1151 or visit me on the web at busby-lee.com

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 11 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



Caught in the Act “How do I get payback when the spouse cheated?”

facebook cover 4.27.15
Well, Texas is a “no fault state” which means that a person can plead for divorce without alleging that either spouse is somehow responsible for demise of the marriage. One may allege adultery as a ground for filing divorce; however adultery is not a crime in the state of Texas. If you’re hoping your cheating spouse will face criminal repercussions for their actions, it’s not going to happen in Texas. So why would a person plead adultery as a ground for a Houston divorce? There are several main: (1) in order to receive a disproportionate share of the community estate or (2) for reasons related to child custody and conservatorship issues (3) fraud on the community, (4) wasting of community assets (5) You may be able to beat spousal support if your spouses is seeking support but cheated.

The Texas Family Code mandates that a court must divide a marital estate in a “just and right” manner. Fault in the breakup of the marriage and the financial benefits a spouse would have received from the continuation of the marriage are factors a court may consider in dividing an estate in a just and right manner. The existence of adultery alone may not result in a disproportionate award of the marital estate to the innocent spouse, but depending on your judge, could be a windfall to the faithful spouse. The innocent spouse is required to prove to the Court that the adultery was the cause of the breakup and either that because of the breakup the innocent spouse was deprived of future financial benefits or that the adulterous affair resulted in a waste of community assets through gifts made to the cheating spouse’s significant other.

If custody of the children is at issue during a divorce, a Court may consider allegations of adultery when making a decision regarding the children. Courts do not take kindly to parents who bring extramarital affair partners into the lives of the children or who engage in adultery in front of the children.  At the same time, if you have a new lover, who has also become a financial partner and is good with the children, then you may not suffer any penalty. if your spouse has failed to support you and never visits the children, then your new significant other could be a positive elements in your life and that of your children.  While many professionals believe that children are vulnerable during a divorce and the commission of adultery in front of the children speaks volumes as to a parent’s character, still what about the other parent’s character? You were lonely with your children and the spouse you are divorcing, who is to say that by finding someone new, you have damaged the relationship between your children and the other parent.  You found someone new because your current spouse was not performing their marital obligations and commitments in regards to financial support, time, and your physical relationship. When a Court is scrutinizing a person’s capability to be a good parent; proof of adultery can be detrimental to a parent in regards to child custody and conservatorship, but if you hire an attorney who can help you get your story out, you should be alright.  Just do not post any pictures or video of you and your new lover on social media or any public spaces.  If you are the faithful spouse, then you must find and save this information before it is destroyed by the cheater.

 About the Author

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 11 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law,  divorce, & Houston Divorce Lawyer questions  in Harris County Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 

Hiring a Divorce Lawyer also would be applicable to the following communities within the greater Houston, Texas Area: Houston, Katy, Sugarland, Pearland, Friendswood, Clear Lake and Galveston.  We also handle cases from The Woodlands, Spring and Tomball and cases in Baytown,  Channelview, Alvin, Beasley, Bellaire, Brookshire , Clear Lake, Conroe, Dayton, East Bernard, Fairfax, Friendswood, Fulshear, Galleria, Greatwood, Hockley, Houston, Humble, Jersey Village, Kingwood, League City, La Marque, Orchard, Magnolia, Meadows Place, Meyerland, Missouri City, Needville, Pasadena, Pecan Grove, Pearland, Richmond, River Oaks, Rosenberg, Sealy, Sharpstown, Shenandoah, Simonton, Southside Place, Spring, Spring Branch, Spring Valley, Stafford, Sweetwater, Tanglewood, Texas City, Tomball, West University, Valley Lodge

Hiring a divorce lawyer

facebook cover 4.27.15
Picking a Separation and divorce Attorney at law Picking a divorce lawyer can be frustrating. when hiring a divorce lawyer, ones divorce legal professional could be the professional you’ll make use of that may help you help make the most effective judgements in relation to ones divorce. A legal professional can be involved with ones divorce by begin to conclude, or perhaps assist an individual over a restricted time frame. (Generally, in case you along with your partner equally feel comfortable in relation to ones chance to draft your individual divorce understanding, an individual may be able to restriction ones by using a lawyer to first tips in addition to information in addition to ultimate analysis in addition to responses. ) When you retain the services of any divorce legal professional, it can be more than a issue of managing ones fingers with the lawyer advertisings inside the discolored web pages before you position the phrase “divorce” or simply getting the particular lawyer whom served an individual bargain your working environment let or perhaps draft ones will probably.

You must retain the services of a lawyer encountered with spouse and children regulation. Using some states, lawyers can be board-certified with spouse and children regulation. These lawyers concentrate on divorce cases along with kinds of spouse and children regulation difficulties. For being qualified, they should have got significant trial expertise in addition to go any rigorous analyze. To keep up their official certifications, they should obtain considerable continuing knowledge with spouse and children regulation every year, normally twice the amount of essential continuing knowledge of non-board qualified spouse and children regulation lawyers. This kind of spouse and children regulation legal professional has a tendency to charge a lot more in addition to requirement larger retainers to start with loved ones regulation event in comparison with those who’re not board-certified, but they may be more knowledgeable.

The legal professional an individual retain the services of need to talk to an individual with plain Language, not legalese. The legal professional must be an individual an individual trust in addition to feel at ease using, due to the fact possibly you have to uncover remarkably personal information in relation to on your own along with your relationship.  If you’ve got children, seek out a lawyer whom causes it to be clear in which within your divorce you should put ones kids requires 1st in addition to that she / he is not going to pursue not reasonable demands intended for little one assistance or perhaps enable you to pursue vindictive child custody in addition to visitation measures.  And past, but not the very least, ones lawyer must be inexpensive. Correct skills in addition to expertise A vintage saying states, “There are horses intended for training. ” This specific expressing is as accurate for an legal professional as for some other professional. Basically, if you select a spouse and children regulation legal professional, you desire a single with the appropriate skills in addition to expertise was required to complete the same task for you:  If you will need guide settling ones divorce understanding, the perfect legal professional is often a trouble solver, is useful using men and women, is actually proficient from skimp on, and is also comfy with courtroom. Although an individual along with your partner often have zero goal of going to court, an attorney’s trial document in addition to heritage of achievement with courtroom can offer many showing in his or her chance to bargain money using your partner’s legal professional. If you recognize right away that you will be going for the divorce trial, you desire a lawyer that has extensive courtroom expertise. Not all lawyers complete. •It is also useful should the legal professional you select knows the household regulation all judges in your legislation. Figuring out the particular courtroom model of the particular decide who has planning to listen to ones event in addition to the way the decide provides dominated in past instances much like your own house allows ones legal professional change his or her appropriate tactic in addition to style compared to that decide. Never foundation ones getting decision on which legal professional gets the sweetest place of work. The fancy place of work in the pricey creating claims nothing at all regarding the adequacy of the attorney’s appropriate skills. Simultaneously, tend not to think in which even if an individual spend lots of money with an legal professional in which his or her appropriate counsel is appropriate for your requires or perhaps is actually of top quality. Furthermore, don’t allow any attorney’s physical appearance impact ones getting decision. If your particular predicament is actually difficult, the particular lawyer an individual retain the services of need to possibly possess a strong knowledge of the problems in addition to laws and regulations in which apply for your divorce or perhaps perform tightly using other lawyers or perhaps economic authorities who’ve in which expertise, for example a CPA or perhaps appraiser. Don’t forget, settling ones divorce understanding is as very much in relation to economic matters mainly because it is about closing ones relationship. Individual style Should you be relying upon a lawyer to accomplish more than merely examine ones divorce records, you should be prepared to discuss specifics about your personal life, relationship, in addition to financial situation. Consequently, you should feel at ease using anyone who represents an individual. Moreover, ones legal professional need to discuss in addition to assistance ones essential beliefs or perhaps mind-set towards ones divorce. For example, if you wish to keep factors because calm, cooperative, in addition to nonadversarial as you can, next steer clear of lawyers whom like to “go with the jugular. ” Tend not to befuddle ones legal professional using your therapist or perhaps spiritual counselor. Your own attorney’s time is usually managing no matter whether an individual phone which has a appropriate query or to protest in relation to your better half. Cost With no very much dollars to waste in appropriate guide, possibly you have to rent a comparatively new lawyer as opposed to a proficient professional. Brand-new lawyers are likely to price tag under lawyers who’ve been rehearsing regulation for decades in addition to have strong reputations. Nevertheless, working with an up-and-coming or perhaps beginner legal professional has a potential advantage. So as to increase a superb reputation, the particular legal professional could be prepared to perform a little tougher for you compared to a expert lawyer would certainly. Many spouse and children regulation lawyers expenses for products and services by using an by the hour time frame. Number of say yes to have a one-time fee based on the total time frame in addition to labor many people consider ones divorce calls for. Calculating up-front the amount time period is important to complete ones divorce is actually difficult, due to the fact zero lawyer is aware just how almost any divorce is going to participate in out and about. You’re a lot more prone to come across a lawyer which will get ones event for the one-time fee but if your divorce is actually completely amicable and if the particular responsibilities the particular legal professional will probably execute are incredibly properly explained. You may be able to come across a lawyer prepared to take a flat price but if your appropriate requires are incredibly distinct and intensely limited — by way of example, you merely need many records completed in addition to recorded. Amongst other items, an attorney’s by the hour rate is determined by ones region on the region in addition to whether ones local community is actually outlying or perhaps city. Those living within the Eastern side in addition to Gulf Shorelines can expect to spend one of the most. Determined by your geographical area, usually the particular products and services of the divorce legal professional will set you back from $100 an hour or so to in excess of $600 an hour or so, as well as charges.

 

About the Author

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 11 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law,  divorce, & Houston Divorce Lawyer questions  in Harris County Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 

Hiring a Divorce Lawyer also would be applicable to the following communities within the greater Houston, Texas Area: Houston, Katy, Sugarland, Pearland, Friendswood, Clear Lake and Galveston.  We also handle cases from The Woodlands, Spring and Tomball and cases in Baytown,  Channelview, Alvin, Beasley, Bellaire, Brookshire , Clear Lake, Conroe, Dayton, East Bernard, Fairfax, Friendswood, Fulshear, Galleria, Greatwood, Hockley, Houston, Humble, Jersey Village, Kingwood, League City, La Marque, Orchard, Magnolia, Meadows Place, Meyerland, Missouri City, Needville, Pasadena, Pecan Grove, Pearland, Richmond, River Oaks, Rosenberg, Sealy, Sharpstown, Shenandoah, Simonton, Southside Place, Spring, Spring Branch, Spring Valley, Stafford, Sweetwater, Tanglewood, Texas City, Tomball, West University, Valley Lodge

 

5 Things you Should Know in Hiring a Houston Divorce Lawyer

facebook cover 4.27.15
A divorce lawyer is going to represent you in what could be an emotion filed, roller coaster ride of uncertainty and confusion.  Look for someone with the qualities below:

1.  Experience

During a divorce you are dealing with the division of your home, assets and children. You want an attorney who can competently represent you and that competence comes from experience. Ask your attorney how long they’ve been practicing or how many divorce trials they’ve handled. Also, would you want someone to represent you who has never been married and has no children?  See what type of family life they are experienced on their own.

2.  Technologically Savvy

We live in a technologically advanced society. Technology plays a huge party in today’s family law proceedings.  Attorney’s who can get information about social media websites, locate a missing spouse from a computer terminal,  or even have electronic calendar’s systems show that they are efficient and updated.   This will save you time and money, should your lawyer be up to speed on technology

3. Are they Prepared?

You need some attorney time to review the questions and the responses the attorney is attempting to elicit from you.  This process is called woodsheeding.  You are the fact giver and the lawyer is the interrogator. As such, the lawyer does not give evidence, you do. You must know what you are trying to prove in your case in order to present it properly with your lawyer

4. Ability to Communicate

Your attorney will help you navigate the divorce process, which can be a very trying time for anyone. It’s important that you be able to communicate with your attorney. While it’s difficult for any attorney to be available 24/7 for one client, you must be able to reach your attorney or a member of their staff should any emergency arise or if you have questions.

5. Attorney’s Fees

All attorneys do not charge the same hourly rate. While you obviously want the best representation available, it’s important that you have reasonable expectations as to what you can reasonably afford. Divorces can be drawn out and costly, you must consider an attorney as an investment that will serve to protect your assets, but you don’t want to overextend your budget on attorney’s fees.  Look for an attorney who is both service oriented and efficient.  Most attorneys will not give you retail service. At the same time, a good firm will provide copies of pleadings to you, invoice you at least once a month, and return your calls within one business day.

 

About the Author

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 11 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law,  divorce, & Houston Divorce Lawyer questions  in Harris County Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 

5 Things you Should Know in Hiring a Houston Divorce Lawyer also would be applicable to the following communities within the greater Houston, Texas Area: Houston, Katy, Sugarland, Pearland, Friendswood, Clear Lake and Galveston.  We also handle cases from The Woodlands, Spring and Tomball and cases in Baytown,  Channelview, Alvin, Beasley, Bellaire, Brookshire , Clear Lake, Conroe, Dayton, East Bernard, Fairfax, Friendswood, Fulshear, Galleria, Greatwood, Hockley, Houston, Humble, Jersey Village, Kingwood, League City, La Marque, Orchard, Magnolia, Meadows Place, Meyerland, Missouri City, Needville, Pasadena, Pecan Grove, Pearland, Richmond, River Oaks, Rosenberg, Sealy, Sharpstown, Shenandoah, Simonton, Southside Place, Spring, Spring Branch, Spring Valley, Stafford, Sweetwater, Tanglewood, Texas City, Tomball, West University, Valley Lodge

Four Ways to Change your Life

Poor Reasons to Mediate Your Family Law Case

facebook cover 4.27.15
Mediation is very popular as a method for settling divorce cases rather than going to trial and it has many proponents.  This is the selling point made by many attorneys who are lazy and inexperienced.  Poor Reasons to Mediate Your Family Law Case are given below.

1. Your family law Judge requires mediation,  but the judge requires it typically because that judge that is making you go to mediation is poor at calendaring and does not want to work.  Mediation is a tool that both lawyers and judges use to get the parties together and talk.  This is well enough, but the best time to negotiate is at the courthouse.  I would say about 30 seconds before you see the judge.  You may say, “What are you going to accomplish in 30 seconds,”  Look more at the psychological effect of being in the courtroom and the preparation required for trial as the starting point.  Most attorneys are friendly and talkative, but few try cases on a regular basis.  Many cannot even ask a question without drawing objection.  If your judge requires you to meditate, then go to a free service and attempt to impasse the case without pissing everyone off, so as to save your money for trial.

2.You retain control over the outcome, but do you?  When the mediator and your lawyer are trying their best to get you to settle and you really need to hear it from Judge, is your money best spend elsewhere?  Like for court time?  If you had a deal and could work things out, first you would not be getting a divorce, second, if you could take the excitement of the divorce, you would be able to discuss it with your spouse alone and hammer out the details.  You would not need two other professionals trying to convince you what Judge may do in your case.

3.Less costly than litigation

This is science fiction.  A efficient attorney can spend your dollars on preparation of the inventory and your proposed property division, along with your proposal for the children issues.  Mediation actually increases the costs of the lawsuit as you have to pay mediators fees and attorney fees for the mediation which can last from 4 hour to 8 hours.  A typically mediation costs the parties about $4,000.  This would be the mediators fee and the attorney time.  A good attorney will prepare for mediation such as they were going to trial, thus skip the mediation and save at least $2,000 to use for presentation to Judge.

4.Privacy concerns

Divorce proceedings, including the record of testimony presented during the trial, are public record. That means that every bit of dirty laundry aired about you or your spouse during trial is available for public consumption. What is said in mediation is confidential; only the parties, their attorneys and the mediator will know what was said.  But everyone knows you are getting divorced anyways.  Are you moving in the middle of the night?  Sometimes privacy issues are legitimate, I have had maybe 2 cases where the parties did not gossip.  Everyone has a family law issue.  Nowadays, most people do not care about your family law excitement because they have to deal with their own.  Focus more on your interpersonal relationships with friends and family that both you and your spouse during the marriage either visited, vacationed, or communicated with on a regular basis.  These people will already know what is going on.  As you attempt to move forward and dissolve your marriage, maintain these relationships and do not complain about your spouse.  Focus on the positive from the relationship and your desire to leave the marriage with peace.

5.Timetable

Courts are burdened with huge case loads and judges can only hear so many cases a day. You may be scheduled for trial on a certain date but there is no guarantee you will actually be heard that day. Mediation allows for all the parties to agree on a date that fits their schedule and is not dictated by a busy court’s schedule.  This is more science fiction.  Most of the time, you can call the court coordinator the day before trial and get a date certain when judge will give you time.  Mornings are always busy in family law courts.  Afternoons are usually free.  Most courts have a two week trial rotation and they will hear you within those two weeks, if not in the afternoon on your trial date.

For the reasons stated above, mediation  is something I only participate when I am required.  At my firm your dollars are spend to gain your results.  Results being Judge time or a deal with your spouse in a time certain.  Do not be sold on mediation as a tool that helps the parties reduce costs.  If anything, it increase costs.

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 11 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for Divorce in Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 

 

Noncontested Divorce Houston Texas

facebook cover 4.27.15
Noncontested Divorce Houston Texas is the quickest and the least expensive way to get divorced in Harris County, Texas. In this type of divorce both parties are able to remove the emotional side of divorce and treat the process as a business transaction without the need of extensive litigation.  This also means that both parties make full disclosure as to assets and liabilities.

To quality for an noncontested divorce both parties must be in agreement with all of the following terms: Agree to be divorced, Have a solid agreement on all issues  which includes Child custody, Visitation,  Child support, Division of community assets, Division of retirement funds, Voluntarily sign all legal documents without service on any party.  If you do not have a global agreement, then a Contested Divorce situation exists when one or more requirements listed above are absent. At the same time, an noncontested divorce can be finalized on the 61st day after filing the original petition for divorce. This time includes the required 60 day cooling off period required by the state of Texas. In most cases, the noncontested divorce process is completed at a fraction of the cost of a contested case. An noncontested case without children, real estate and retirement can be accomplished with our law firm for as little at $400.  We have the ability to file your case the same day.  Final documents are ready 5-7 days after the case is filed.  Please call me for your NONCONTESTED DIVORCE HOUSTON TEXAS

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 11 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for Noncontested Divorce in Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 

NONCONTESTED DIVORCE Houston TEXAS  also would be applicable to the following communities within the greater Houston, Texas Area: Houston, Katy, Sugarland, Pearland, Friendswood, Clear Lake and Galveston.  We also handle cases from The Woodlands, Spring and Tomball and cases in Baytown,  Channelview.Alvin, Baytown, Beasley, Bellaire, Brookshire, Channelview, Clear Lake, Clearlake, College Station, Conroe, Dayton, East Bernard, Fairfax, Friendswood, Fulshear, Galleria, Greatwood, Hockley, Houston, Humble, Jersey Village, Kingwood, League City, La Marque, Orchard, Magnolia, Meadows Place, Meyerland, Missouri City, Needville, Pasadena, Pecan Grove, Pearland, Richmond, River Oaks, Rosenberg, Sealy, Sharpstown, Shenandoah, Simonton, Southside Place, Spring, Spring Branch, Spring Valley, Stafford, Sweetwater, Tanglewood, Texas City, Tomball, West University, Valley Lodge

Divorce Costs Houston Texas

facebook cover 4.27.15
Divorce Costs Houston Texas at the law firm of Busby & Associates Attorney and Counselors at Law, P.C can run from as little as $400 to tens of thousands of dollars.  What are the factors that determine the costs?  If you have  fight then attorney time can quickly run up your bill.  If you have a deal, Then there is one meeting with the attorney and paralegals handle most of the rest of the work until court.  At my firm, both myself and Adelina are in court almost everyday.  We see the judges rule and hear the courthouse gossip, we are up to speed on all aspects of family law at the Harris County family law center.  You can trust Mike and Adelina to keep you up to speed and protect your interest.  If you want efficiency but good service, you come to the right place.  I can have your divorce filed in 24 hours.  You will likely be divorce within 5 days of the 61st day which is the waiting period in Texas. If it is a fight, I can tell you within about 10 minutes after the case if filed the gossip on your judge.  What are the changes you will be heard on the day you are set?  Does the judge favor men or women?  How does the judge feel about drug use?  How about if you have cheated? Or you spouse has cheated?  Please see my video below for more information.

Divorce Costs, Busby & Associates Houston, Texas

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 10 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for divorce Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

Uncontested Divorce Agreement

facebook cover 4.27.15
The contractual agreement for a uncontested divorce in Harris county allows you the client the following services:

1.  Final Decree of Divorce

2.  Waiver of Service

3. Bureau of vital statics form

4.  One court appearance

The contract is attached for those interested.  You can call into the office for a telephonic interview and I will advise if you meet the requirements to contract for an uncontested divorce

Employment Agreement-Divorce

 

Busby & Associates, Attorneys and Counselors at Law, P.C., 2909 Hillcroft Suite 350 Telephone (713) 974-1151 is employed to perform legal services in connection with the following matter a set forth below:

 

Uncontested Divorce entitles you to the following:

  1. Original Petition for Divorce, Bureau of Vital      Statistics document
  2. Waiver of Citation
  3. Final Decree of Divorce based on an agreement between      the parties
  4. One court appearance
  5. Power of Attorney for vehicle transfer, Child Support      and Medical Support Order

(if required )

  1. Special Warranty Deed ( if required)
  2. Deed of Trust to Secure Assumption (if required)

 

Uncontested Divorce for___________________________in ____________County.

Children and ages: ______________________________________________________________

Who gets primary custody ________________________________________________________

Child Support: Who pays and how much: _____________________starts___________________

 

House: Separate___ or Community___   Who gets and pays:____________________

 

Name Change: Yes__ No__ Maybe__

 

Other Property: Each keeps own ___________________________________________________

Debt: Each keeps own ___________________________________________________________

Publication: Where: _________Children/Property Publication Yes/No What County? _________

 

Client to review the original Waiver of Citation and Final Decree of Divorce and client will pick up the document from our office or firm will mail to client. Client will have his or her spouse sign and return the papers.  If your spouse will not sign the paperwork then there is an additional charge for having your spouse served.  If the case becomes contested, then firm will require client to pay an additional retainer of at least $1,500.00 within (7) days of case becoming contested and firm notifying client of such.

 

If the case become contested and the client wishes to continue the matter, the attorney fees will then be based on the rate of $175.00 for attorneys licensed less than three years and $250.00 per hour for all other attorneys and the legal assistant/ paralegal time will be based on the rate of $95.00 per hour for the paralegal and $65.00 per hour for the legal assistant.  Additionally, costs for photocopies and facsimile transmissions will be based on the rate of 20 cents per page and a parking fee of $5.00 will be charged for every trip to the courthouse. Trip Charges to the court house are billed at .55 per mile one way. If the case becomes contested and the client wishes to continue the matter, it is the client’s responsibility to contact the attorney to schedule an appointment to discuss the furtherance of the case and the increase in attorney fees.

 

Flat Fee for Uncontested Divorce: Total fees are projected at $ __________________ for an uncontested divorce/matter (this retainer is subject to upward revision depending on difficulties encountered such as if the case becomes contested or additional work is necessary).  This flat fee includes one court appearance.  All fees are considered earned when received and thus NONREFUNDABLE.  It is understood that whenever the flat fee becomes insufficient to cover the services and client expenses anticipated,a request for additional advance fees will be requested of the client based on our hourly fee and time expected to complete the case.  This fee does not include preparing a Qualified Domestics Relations Order if a retirement plan is being divided between the parties.  Any excessive telephone calls or changes to the paperwork will be subject to additional fees.

 

 

THERE WILL BE A FEE OF $25.00 CHARGED TO CLIENT FOR ALL RETURNED CHECKS FOR INSUFFICIENT FUNDS OR A CLOSED ACCOUNT.  THIS FEE ALONG WITH THE AMOUNT OF THE CHECK MUST BE PAID WITHIN 7 DAYS OF FIRM NOTIFYING CLIENT OF SUCH.  IF PAYMENT IS NOT MADE, THE ATTORNEY WILL WITHDRAW AS COUNSEL.

 

My attorney may, at his option, withdraw from the case if client does not pay any fees requested.  My attorney is authorized to withdraw from this matter if prompt payment is not made in advance of the service to be performed.  My attorney may withdraw as my counsel if the case becomes contested or my spouse refuses to sign the Waiver of Citation and Final Decree of Divorce.

 

Notice of Dismissal/Trial Setting: Depending on which court the case gets assigned to, if the case extends beyond approximately 4 months after my case is filed, the court will file a Motion to Dismiss/Trial Date/Notice of Scheduling Order in my case.  If the client receives a Motion to Dismiss/Trial Date/Notice of Scheduling Order, it is the client’s responsibility to respond as follows:

 

1)      Pay any outstanding fees to attorney, so that attorney can complete the work/documents for client’s spouse to sign.

2)      Return the signed, notarize Waiver of Citation and sign Final Decree of Divorce to my attorney prior to the hearing date

3)      Schedule a hearing date to get your matter finalized.

4)      Schedule an appointment with my attorney/legal assistant to discuss the furtherance of my case and to discuss the service of citation on your spouse and to discuss the increased attorney fees, or

5)      Do nothing.  If the client fails to do either above, then the attorney is not required to respond to the Motion to Dismiss/Trial Date/Notice of Scheduling Order.  If the client does nothing, it will then be determined the client desires the case to dismiss.

 

Should the client desire to retain a different attorney, Attorney, at his sole option, may sign a Motion to Substitute Counsel once it is received and will assist any new attorney with information regarding the client’s case.

 

If the case is not proved up at least 30 days prior to any Trial/Dismissal Setting, there will be an additional $250.00 flat fee charge to prove up the divorce, up until the day before the Trial/Dismissal setting.

 

If the divorce has to be proved up at the Trial/Dismissal setting, there will be an additional $250.00 charge (in addition to the $250.00 charge mentioned in the preceding sentence) that will have to be pre-paid by client.

 

Final DocumentsWithin after your petition is filed with the Court, the final documents will be drafted and completed approximately 5 business days.  Please allow attorney sufficient time to review the final documents in order to avoid any future complications or enforcement issues.  Once final documents have been fully reviewed by an attorney, the documents will either be mailed to you, emailed to you, or you may choose to come by the main office to pick up your documents.  Please be advised that our firm does not represent your spouse in this case therefore we owe no legal duty to that spouse.  In order to benefit from a fixed fee arrangement, you are fully responsible to take the final documents to your spouse and to get his or her signature.  Should your spouse fail to sign or refus to sign the final documents within (14) days from the date you received your final documents, service of process must be made on your spouse so that your case may be finalized without his or her signature.  Should your case not be finalized within 90 days of the file date due to documents not having been signed or returned to the firm, then you will incur a monthly maintenance fee of $50 for which any balance would need to have been paid in full prior to the divorce finalization.

 

Representations: Attorney cannot warrant or guarantee the outcome of the case or how long it will take for your divorce to finalize.  Client understands that in many cases, hearings may be reset due to conflicts in the attorney’s schedule or the court’s schedule.

 

Medical Insurance: There is a medical insurance plan for children provided through the Texas Attorney General’s Office and if you qualify you can obtain medical insurance for your children at a lower cost through CHIP (Children’s Health Insurance Program of Texas) by calling toll free (877) KIDS-NOW or 877-543-7669 or by applying online at www.chipmedicaid.com.

It is public policy that if the child(ren) are on CHIPS or MEDICAID, the Court requires that one spouse maintain insurance coverage for the child(ren) while the other spouse reimburses the State for insurance coverage in the amount of $50.00 or higher.

 

Required Parenting Class: If your divorce involves minor children it is required that each parent attends one of the following parent education classes before the divorce can be granted: Children Cope 713-952-2673, Families and Divorce 713-942-9500 or Family Education Institute 713-688-9122.  If your divorce hearing has to be reset due to non-attendance of the parenting class then there is an additional $250 fee to reset your divorce hearing for another day.  If your spouse does not take the class the Judge may order your spouse to take the class or could even dismiss your divorce case.  If your spouse refuses to take the class; client needs to schedule an appointment with attorney to discuss serving their spouse with citation.

 

Child Support, Retroactive Child Support: If child support is going to be an issue in your case you must immediately provide the attorney with copies of 1) the last three month’s pay check stubs for the party obligated to pay child support; and 2) the previous year income tax return for the party obligated to pay child support.  If retroactive child support is going to be an issue, you must provide proof of income for all years in question for the person obligated to pay child support.  Child support must be paid by the person owing child support from the date of separation.

 

Employer’s Wage Order: An Employer’s Order of Withholding will also be filed by our office. A $15.00 fee must be paid to the district clerk in order for the wage order to be sent to the employer. It is your responsibility to make this payment and fill out the Notice to Employer. The form and the payment must be given to the clerk in the basement of the FamilyLawCenter at Family Law Intake in order for the notice to be sent to the employer.

 

Request for No Child Support Order: It is public policy of the State of Texas, that when parents do not support their children, taxpayer end up supporting the children.  Should you request no child support, yet your child is on Medicaid, Food Stamps, WIC, and/or Public Housing, the Court will almost always deny your request.  Typically, the Courts will not require child support if the parents are minors, one parent is disabled, and/or if one parent is in a foreign country.  If you insist that you either do not want to pay or do not want to receive child support, based on your facts if the attorney is certain the Judge will not approve, then our firm charges $1,000 to present your request to the Judge.  This fee does not include third party ad-litem or amicus attorney fees.  THERE IS NO GUARANTEE THAT YOUR REQUEST WILL BE APPROVED AND THE FEES ARE NON-REFUNDABLE.

 

Publication DivorceIf you cannot locate your spouse and/or there are children involved, the Harris County Family Law Courts will appoint an Attorney Ad Litem to represent your spouse’s and/or children’s interests or try to locate your spouse.  Any fees charged by the Attorney Ad Litem appointed to your case are separate from the retainer paid to Busby & Associates, Attorneys and Counselors at Law, P.C. Before your case can be filed you must make an appointment to review and sign a Petitioner’s Supporting Affidavit stating that you have used due diligence in trying to locate your spouse.

 

Attorney General OrderClient must provide a copy of the Order in Suit Affecting the Parent Child Relationship so that your divorce can be completed.  You may obtain a copy from the District Clerk’s office for a fee. Before your case can be completed the Attorney General must sign off on the decree.  This may cause a delay in getting your divorce finalized.

 

Deeds:  Special Warranty Deeds or any deeds prepared must be filed by client with the CountyClerk’s office in the County where the property is located.  Client must pay the filing fees that are required.

 

Qualified Domestic Relations Order (QDRO):  In cases involving the division of a retirement plan, military pension, 401K, Keogh plan, Employee Stock option plan, disability plan or other benefits existing by reasons of the spouse’s past, present, or future employment, Federal Law designate the administrator  of the retirement plan to determine the qualifications of a QDRO and its value.  An additionally fee of at least $400.00 must be paid to the plan administrator so that a QDRO may be presented to the Court for approval and division of the plan benefits at the time when the divorce case is set for finalization.

 

Cooperation of Client:  I will work with the legal assistant and any attorney assigned to my case and I promise to be polite and courteous at all times.  Any failure to do so is cause for this firm to withdraw from the case with no refunds.  Client understands that my attorney handles a large volume of cases.  I have requested an affordable and discounted attorney fee and understand that the more time that is spent on my case then my attorney fees will increase.  If I am unable to reach someone by telephone promptly, I will fax or mail any questions to my attorney or I will make an appointment to come into the office to discuss my case.  I will also advise my attorney of any change of address or telephone numbers immediately.  I will provide the proper legal description and Grantor and Grantee names of real property to be transferred and year, make, model and vehicle identification numbers on any vehicles to be transferred.

 

Attendance at Court HearingYou must attend a hearing to get a divorce.  You need to call our office to set a hearing date but it must be after sixty days from when your case was filed.  You must be in court no later than 8:00 a.m. on the day of the hearing.

 

Divorce cases filed in HarrisCounty are heard at The Family Law Center, 1115   Congress Avenue at San Jacinto Street in downtown Houston, Texas77002 or on the 15th Floor of the Harris County Civil Courthouse located at 201 Caroline St., Houston, Texas22002.  Divorce cases filed in FortBendCounty are heard at the courthouse located at 401 Jackson, Richmond, Texas77469.  Please confirm with a member of our staff where you will finalize your divorce for the particular county in which we have filed your divorce.  Allow time for parking and finding the court.

 

If you fail to attend court on time, your case may be reset to another day however there is an additional $250 fee to reset the case.   It is your responsibility to notify the attorney at least (2) days in advance if you cannot attend the given court date in order for the reset fee to be waived.

 

Notice to Clients:  The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys.  Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar’s Office of Chief Disciplinary Counsel will provide you with information about how to file a complaint.  Please call 1-800-932-1900 for more information.

 

Do not make remarriage plans.  There is no guarantee that your divorce will be granted by a certain date.  In the event that you intend to get remarried within one year of the date of this Agreement you are advised to reschedule the date of remarriage after the point in time that you have obtained a certified copy of final divorce decree.  A certified copy of your decree can be obtained from the District Clerk’s office of the County in which your case is filed.  State law requires a thirty-day waiting period to get remarried after the divorce is granted.

 

Copy of Final Decree/Filing of Deeds:  You may obtain a copy of your Final Decree of Divorce from the District Clerk’s office in the county of your divorce.  Prices for certified copies will vary.  You will need to provide the case number, court number, and style of the case.  In takes approximately 30 days after a decree is signed before you can get a certified copy of the decree.

 

Payment Terms: __________________________________________________TO FILE THEN

 

DIVORCE THEN ______________________________________________________________

within __ days to complete the Waiver, Final Decree of Divorce and attend the divorce hearing.

 

PAYMENT DATES (Post-dated checks required) Iagree to the payments schedule below.  I can make payments before the scheduled dates.  If I am unable to make a scheduled payment I will contact the Accounting Manager to re-schedule a payment. Re-scheduling of payment, payments that are declined, or failure to make payments as agreed will result in a financing charge of $25 per event.  Attorney will not deposit post- dated checks in the bank before the date on the check.  Client to pay $ _________ on the following dates:

 

 

CREDIT/DEBIT CARDS:  Client authorizes attorney to charge/debit my Visa/Mastercard/Discover card on for the amount and on the dates noted above.

Name of cardholder___________________________    (circle one)   MC     Visa     Discover

Number: ________________________________ Date of expiration_______________________

 

Disclosure on Referral Services: When you are referred by an attorney or referral program a portion of the attorney’s fee is remitted back to the referral source.

 

Alternative Dispute Resolution: In the event that the parties to this agreement have a dispute over the terms or the application of the terms of this agreement, including payment or performance hereunder, as a condition precedent to filing or pursuing any legal remedy, including suit in a court, the parties agree to participate in good faith in non-binding mediation at the Better Business Bureau of Metropolitan Houston, Inc. conducted by a neutral third-party mediator qualified to perform mediation services in the State of Texas.  If the parties are unable to resolve the dispute through mediation, the parties further agree to submit, in lieu of filing or pursuing any legal remedy, including suit in a court to participate in binding arbitration conducted by and under the Better Business Bureau Arbitration Rules by a neutral third-party arbitrator qualified to perform arbitration in the State of Texas.

 

 

Signed_______________________________________Date__________Staff Member________

 

Client to provide Vehicle Transfer Information Sheet:__ Client to provide Real Estate Transfer Information Sheet:__ Client to provide Retirement Plan (401K) Plan Statement for date of the marriage and a current Plan Statement.

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 10 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for uncontested divorce Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

Uncontested Divorce Houston Texas with Children

facebook cover 4.27.15
Uncontested Divorce Houston Texas Children requires a form final decree that is the  parties agreement.  This standard form can be adjusted based on your facts.  The form used below is a template that could be used on most divorces with children with minor changes to reflect the facts of your case.

                                                                           NO.

IN   THE MATTER OF

§

IN   THE DISTRICT COURT
THE   MARRIAGE OF

§

§

§

§

____________   JUDICIAL DISTRICT

§

§

§

 

§

§

HARRIS   COUNTY, TEXAS

 

                                        AGREED FINAL DECREE OF DIVORCE

 

On _______________________________ the Court heard this case.

Appearances

Petitioner, , appeared in person and through attorney of record, Michael G. Busby, Jr. and announced ready for trial.

Respondent,  waived issuance and service of citation by waiver duly filed but agreed to the terms of this decree as indicated by her signature appearing below.

Record

The making of a record of testimony was waived by the parties with the consent of the Court.

Jurisdiction and Domicile

The Court finds that the pleadings of Petitioner are in due form and contain all the allegations, information, and prerequisites required by law.  The Court, after receiving evidence, finds that it has jurisdiction of this case and of all the parties and that at least sixty days have elapsed since the date the suit was filed.  The Court finds that, at the time this suit was filed, Petitioner had been a domiciliary of Texas for the preceding six-month period and a resident of the county in which this suit was filed for the preceding ninety-day period.  All persons entitled to citation were properly cited.

Jury

A jury was waived, and questions of fact and of law were submitted to the Court.

Divorce

IT IS ORDERED AND DECREED that _______________________, Petitioner, and _______________________, Respondent, are divorced and that the marriage between them is dissolved on the ground of insupportability.

Child of the Marriage

The Court finds that Petitioner and Respondent are the parents of the following child:

Name:

Sex:     Male

Birth date:

Home state:

Social Security number:          ______________________

Driver’s license number and issuing state:      N/A

The Court finds no other children of the marriage are expected.

Parenting Plan

The Court finds that the provisions in this decree relating to the rights and duties of the parties with relation to the child, possession of and access to the child, child support, and optimizing the development of a close and continuing relationship between each party and the child constitute the parties’ agreed parenting plan .

Conservatorship

The Court, having considered the circumstances of the parents and of the child, finds that the following orders are in the best interest of the child.

IT IS ORDERED that _______________________and _______________________are appointed Joint Managing Conservators of the following child:  _______________________.

IT IS ORDERED that, at all times, _________________, as a parent joint managing conservator, shall have the following rights:

1.         the right to receive information from any other conservator of the child concerning the health, education, and welfare of the child;

 

2.         the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child;

 

3.         the right of access to medical, dental, psychological, and educational records of the child;

 

4.         the right to consult with a physician, dentist, or psychologist of the child;

 

5.         the right to consult with school officials concerning the child’s welfare and educational status, including school activities;

 

6.         the right to attend school activities;

 

7.         the right to be designated on the child’s records as a person to be notified in case of an emergency;

 

8.         the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and

 

9.         the right to manage the estate of the child to the extent the estate has been created by the parent or the parent’s family.

 

IT IS ORDERED that, at all times, _______________________, as a parent joint managing conservator, shall have the following rights:

1.         the right to receive information from any other conservator of the child concerning the health, education, and welfare of the child;

 

2.         the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child;

 

3.         the right of access to medical, dental, psychological, and educational records of the child;

 

4.         the right to consult with a physician, dentist, or psychologist of the child;

 

5.         the right to consult with school officials concerning the child’s welfare and educational status, including school activities;

 

6.         the right to attend school activities;

 

7.         the right to be designated on the child’s records as a person to be notified in case of an emergency;

 

8.         the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and

 

9.         the right to manage the estate of the child to the extent the estate has been created by the parent or the parent’s family.

 

IT IS ORDERED that, at all times, _______________________and _______________________, as parent joint managing conservators, shall each have the following duties:

1.         the duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child; and

 

2.         the duty to inform the other conservator of the child if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter.  IT IS ORDERED that this information shall be tendered in the form of a notice made as soon as practicable, but not later than the fortieth day after the date the conservator of the child begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate.  IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged.  WARNING:  A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.

 

IT IS ORDERED that, during her periods of possession, _______________________, as parent joint managing conservator, shall have the following rights and duties:

1.         the duty of care, control, protection, and reasonable discipline of the child;

 

2.         the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure;

 

3.         the right to consent for the child to medical and dental care not involving an invasive procedure; and

 

4.         the right to direct the moral and religious training of the child.

 

IT IS ORDERED that, during his periods of possession, _______________________, as parent joint managing conservator, shall have the following rights and duties:

1.         the duty of care, control, protection, and reasonable discipline of the child;

 

2.         the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure;

 

3.         the right to consent for the child to medical and dental care not involving an invasive procedure; and

 

4.         the right to direct the moral and religious training of the child.

 

IT IS ORDERED that _______________________, as a parent joint managing conservator, shall have the following rights and duties:

1.         the exclusive right to designate the primary residence of the child within San Diego County, California and surrounding contiguous counties.

2.         the independent right to consent to medical, dental, and surgical treatment involving invasive procedures;

 

3.         the independent right to consent to psychiatric and psychological treatment of the child;

 

4.         the exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child;

 

5.         the independent right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;

 

6.         the independent right to consent to marriage and to enlistment in the armed forces of the United States;

 

7.         the independent right to make decisions concerning the child’s education;

 

8.         except as provided by section 264.0111 of the Texas Family Code, the independent right to the services and earnings of the child;

 

9.         except when a guardian of the child’s estate or a guardian or attorney ad litem has been appointed for the child, the independent right to act as an agent of the child in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government; and

 

10.       the independent duty to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parent.

 

IT IS ORDERED that _______________________, as a parent joint managing conservator, shall have the following rights and duties:

1.         the independent right to consent to medical, dental, and surgical treatment involving invasive procedures;

 

2.         the independent right to consent to psychiatric and psychological treatment of the child;

 

3.         the independent right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;

 

4.         the independent right to consent to marriage and to enlistment in the armed forces of the United States;

 

5.         the independent right to make decisions concerning the child’s education;

 

6.         except as provided by section 264.0111 of the Texas Family Code, the independent right to the services and earnings of the child;

 

7.         except when a guardian of the child’s estate or a guardian or attorney ad litem has been appointed for the child, the independent right to act as an agent of the child in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government; and

 

8.         the independent duty to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parents.

 

The Court finds that, in accordance with section 153.001 of the Texas Family Code, it is the public policy of Texas to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child, to provide a safe, stable, and nonviolent environment for the child, and to encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.  The parties agree and IT IS ORDERED that the primary residence of the child shall be San Diego, California and the parties shall not remove the child from San Diego County, California for the purpose of changing the primary residence of the child until modified by further order of the court of continuing jurisdiction or by written agreement signed by the parties and filed with the court.

 

 

Possession and Access

1.         Standard Possession Order

The Court finds that the following provisions of this Standard Possession Order are intended to and do comply with the requirements of Texas Family Code sections 153.311 through 153.317.  IT IS ORDERED that each conservator shall comply with all terms and conditions of this Standard Possession Order.  IT IS ORDERED that this Standard Possession Order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this Standard Possession Order.  IT IS, THEREFORE, ORDERED:

 

(a)        Definitions

 

1.         In this Standard Possession Order “school” means the primary or secondary school in which the child is enrolled or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides.

 

2.         In this Standard Possession Order “child” includes each child, whether one or more, who is a subject of this suit while that child is under the age of eighteen years and not otherwise emancipated.

 

(b)        Mutual Agreement or Specified Terms for Possession

 

IT IS ORDERED that the conservators shall have possession of the child at times mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession of the child under the specified terms set out in this Standard Possession Order.

 

(c)        Parents Who Reside 100 Miles or Less Apart

 

Except as otherwise explicitly provided in this Standard Possession Order, when _______________________resides 100 miles or less from the primary residence of the child, _______________________shall have the right to possession of the child as follows:

 

1.         Weekends –

 

On weekends that occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

 

On weekends that do not occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

 

2.         Weekend Possession Extended by a Holiday – Except as otherwise explicitly provided in this Standard Possession Order, if a weekend period of possession by _______________________begins on a Friday that is a student holiday or teacher in-service day during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday, student holiday or teacher in-service day or end at 6:00 p.m. on that Monday holiday, student holiday or teacher in-service day, as applicable.

 

3.         Thursdays – On Thursday of each week during the regular school term, beginning at 6:00 p.m. and ending at 8:00 p.m.

 

4.         Spring Break in Even-Numbered Years – In even-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

 

5.         Extended Summer Possession by _______________________-

 

With Written Notice by April 1 – If _______________________gives _______________________written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, _______________________shall have possession of the child for thirty days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m on each applicable day, as specified in the written notice.  These periods of possession shall begin and end at 6:00 p.m.

 

Without Written Notice by April 1 – If _______________________does not give _______________________written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, _______________________shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.

 

Notwithstanding the Thursday periods of possession during the regular school term and the weekend periods of possession ORDERED for _______________________, it is explicitly ORDERED that _______________________shall have a superior right of possession of the child as follows:

 

1.         Spring Break in Odd-Numbered Years – In odd-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

 

2.         Summer Weekend Possession by _______________________- If _______________________gives _______________________written notice by April 15 of a year, _______________________shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by _______________________in that year, provided that _______________________picks up the child from _______________________and returns the child to that same place and that the weekend so designated does not interfere with Father’s Day Weekend.

 

3.         Extended Summer Possession by _______________________- If _______________________gives _______________________written notice by April 15 of a year or gives _______________________fourteen days’ written notice on or after April 16 of a year, _______________________may designate one weekend beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by _______________________shall not take place in that year, provided that the weekend so designated does not interfere with _______________________’s period or periods of extended summer possession or with Father’s Day Weekend.

 

(d)       Parents Who Reside More Than 100 Miles Apart

 

Except as otherwise explicitly provided in this Standard Possession Order, when _______________________resides more than 100 miles from the residence of the child, _______________________shall have the right to possession of the child as follows:

 

1.         Weekends – Unless _______________________elects the alternative period of weekend possession described in the next paragraph, _______________________shall have the right to possession of the child on weekends that occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday, and on weekends that do not occur during the regular school term, beginning at 6:00 p.m. on the first, third and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.  Except as otherwise explicitly provided in this Standard Possession Order, if such a weekend period of possession by _______________________begins on a Friday that is a student holiday or teacher in-service day during the regular school term, as determined by the school in which the child is enrolled,  or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday, student holiday or teacher in-service day or end at 6:00 p.m. on that Monday holiday, student holiday or teacher in-service day, as applicable.

 

Alternate Weekend Possession – In lieu of the weekend possession described in the foregoing paragraph, _______________________shall have the right to possession of the child not more than one weekend per month of _______________________’s choice beginning at 6:00 p.m. on the day school recesses for the weekend and ending at 6:00 p.m. on the day before school resumes after the weekend.  Except as otherwise explicitly provided in this Standard Possession Order, if such a weekend period of possession by _______________________begins on a Friday that is a student holiday or teacher in-service day during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday, student holiday or teacher in-service day or end at 6:00 p.m. on that Monday holiday, student holiday or teacher in-service day, as applicable.  _______________________may elect an option for this alternative period of weekend possession by giving written notice to _______________________within ninety days after the parties begin to reside more than 100 miles apart.  If _______________________makes this election, _______________________shall give _______________________fourteen days’ written or telephonic notice preceding a designated weekend.  The weekends chosen shall not conflict with the provisions regarding Christmas, Thanksgiving, the child’s birthday, and Mother’s Day Weekend below.

 

2.         Spring Break in All Years – Every year, beginning at 6:00 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

 

3.         Extended Summer Possession by _______________________-

 

With Written Notice by April 1 – If _______________________gives _______________________written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, _______________________shall have possession of the child for forty-two days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m. on each applicable day, as specified in the written notice.  These periods of possession shall begin and end at 6:00 p.m.

 

Without Written Notice by April 1 – If _______________________does not give _______________________written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, _______________________shall have possession of the child for forty-two consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year.

 

Notwithstanding the weekend periods of possession ORDERED for _______________________, it is explicitly ORDERED that _______________________shall have a superior right of possession of the child as follows:

 

1.         Summer Weekend Possession by _______________________- If _______________________gives _______________________written notice by April 15 of a year, _______________________shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of possession by _______________________during _______________________’s extended summer possession in that year, provided that if a period of possession by _______________________in that year exceeds thirty days, _______________________may have possession of the child under the terms of this provision on any two nonconsecutive weekends during that period and provided that _______________________picks up the child from _______________________and returns the child to that same place and that the weekend so designated does not interfere with Father’s Day Weekend.

 

2.         Extended Summer Possession by _______________________- If _______________________gives _______________________written notice by April 15 of a year, _______________________may designate twenty-one days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m. on each applicable day, during which _______________________shall not have possession of the child, provided that the period or periods so designated do not interfere with _______________________’s period or periods of extended summer possession or with Father’s Day Weekend.

 

(e)        Holidays Unaffected by Distance

 

Notwithstanding the weekend and Thursday periods of possession of _______________________, _______________________and _______________________shall have the right to possession of the child as follows:

 

1.         Christmas Holidays in Even-Numbered Years – In even-numbered years, _______________________shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and _______________________shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

 

2.         Christmas Holidays in Odd-Numbered Years – In odd-numbered years, _______________________shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and _______________________shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

 

3.         Thanksgiving in Odd-Numbered Years – In odd-numbered years, _______________________shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.

 

4.         Thanksgiving in Even-Numbered Years – In even-numbered years, _______________________shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.

 

5.         Child’s Birthday – If a parent is not otherwise entitled under this Standard Possession Order to present possession of the child on the child’s birthday, that parent shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that parent picks up the child from the other parent’s residence and returns the child to that same place.

 

6.         Father’s Day Weekend – _______________________shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Father’s Day and ending at 6:00 p.m. on Father’s Day, provided that if _______________________is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from _______________________’s residence and return the child to that same place.

 

7.         Mother’s Day Weekend – _______________________shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Mother’s Day and ending at 6:00 p.m. on Mother’s Day, provided that if _______________________is not otherwise entitled under this Standard Possession Order to present possession of the child, she shall pick up the child from _______________________’s residence and return the child to that same place.

 

(f)        Undesignated Periods of Possession

 

_______________________shall have the right of possession of the child at all other times not specifically designated in this Standard Possession Order for _______________________.

 

(g)        General Terms and Conditions

 

Except as otherwise explicitly provided in this Standard Possession Order, the terms and conditions of possession of the child that apply regardless of the distance between the residence of a parent and the child are as follows:

 

1.         Surrender of Child by _______________________- _______________________is ORDERED to surrender the child to _______________________at the beginning of each period of _______________________’s possession at the residence of _______________________.

 

2.         Surrender of Child by _______________________- _______________________is ORDERED to surrender the child to _______________________at the residence of _______________________at the end of each period of possession.

 

3.         Surrender of Child by _______________________- _______________________is ORDERED to surrender the child to _______________________, if the child is in _______________________’s possession or subject to _______________________’s control, at the beginning of each period of _______________________’s exclusive periods of possession, at the place designated in this Standard Possession Order.

 

4.         Return of Child by _______________________- _______________________is ORDERED to return the child to _______________________, if _______________________is entitled to possession of the child, at the end of each of _______________________’s exclusive periods of possession, at the place designated in this Standard Possession Order.

 

5.         Personal Effects – Each conservator is ORDERED to return with the child the personal effects that the child brought at the beginning of the period of possession.

 

6.         Designation of Competent Adult – Each conservator may designate any competent adult to pick up and return the child, as applicable.  IT IS ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned.

 

7.         Inability to Exercise Possession – Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator’s right of possession for any specified period.

 

8.         Written Notice – Written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due.

 

This concludes the Standard Possession Order.

2.         Duration

The periods of possession ordered above apply to the child the subject of this suit while that child is under the age of eighteen years and not otherwise emancipated.

3.         Termination of Orders

The provisions of this decree relating to conservatorship, possession, or access terminate on the remarriage of _______________________to _______________________unless a nonparent or agency has been appointed conservator of the child under chapter 153 of the Texas Family Code.

Child Support

IT IS ORDERED that _______________________is obligated to pay and shall pay to _______________________child support of $251.00 per month, with the first payment being due and payable on January 1, 2011 and a like payment being due and payable on the first day of each month thereafter until the first month following the date of the earliest occurrence of one of the events specified below:

1.         the child reaches the age of eighteen years or graduates from high school, whichever occurs later, subject to the provisions for support beyond the age of eighteen years set out below;

2.         the child marries;

3.         the child dies;

4.         the child enlists in the armed forces of the United States and begins active service as defined by section 101 of title 10 of the United States Code; or

5.         the child’s disabilities are otherwise removed for general purposes; or

If the child is eighteen years of age and has not graduated from high school, IT IS ORDERED that _______________________’s obligation to pay child support to _______________________shall not terminate but shall continue for as long as the child is enrolled-

1.         under chapter 25 of the Texas Education Code in an accredited secondary school in a program leading toward a high school diploma or under section 130.008 of the Education Code in courses for joint high school and junior college credit and is complying with the minimum attendance requirements of subchapter C of chapter 25 of the Education Code or

2.         on a full-time basis in a private secondary school in a program leading toward a high school diploma and is complying with the minimum attendance requirements imposed by that school.

Withholding from Earnings

IT IS ORDERED that any employer of _______________________shall be ordered to withhold from earnings for child support from the disposable earnings of _______________________for the support of _______________________.

IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of _______________________by the employer and paid in accordance with the order to that employer shall constitute a credit against the child support obligation.  Payment of the full amount of child support ordered paid by this decree through the means of withholding from earnings shall discharge the child support obligation.  If the amount withheld from earnings and credited against the child support obligation is less than 100 percent of the amount ordered to be paid by this decree, the balance due remains an obligation of _______________________, and it is hereby ORDERED that _______________________pay the balance due directly to the state disbursement unit specified below.

On this date the Court signed an Order/Notice to Withhold Income for Child Support.

Payment

IT IS ORDERED that all payments shall be made through the state disbursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791, and thereafter promptly remitted to _______________________for the support of the child.  IT IS ORDERED that each party shall pay, when due, all fees charged to that party by the state disbursement unit and any other agency statutorily authorized to charge a fee.

Change of Employment

IT IS FURTHER ORDERED that _______________________shall notify this Court and _______________________by U.S. certified mail, return receipt requested, of any change of address and of any termination of employment.  This notice shall be given no later than seven days after the change of address or the termination of employment.  This notice or a subsequent notice shall also provide the current address of _______________________and the name and address of his current employer, whenever that information becomes available.

Clerk’s Duties

IT IS ORDERED that, on the request of a prosecuting attorney, the title IV-D agency, the friend of the Court, a domestic relations office, _______________________, _______________________, or an attorney representing _______________________or _______________________, the clerk of this Court shall cause a certified copy of the Order/Notice to Withhold Income for Child Support to be delivered to any employer.

Health Care

1.         IT IS ORDERED that _______________________and _______________________shall each provide medical support for the child as set out in this order as additional child support for as long as the Court may order _______________________and _______________________to provide support for the child under sections 154.001 and 154.002 of the Texas Family Code.  Beginning on the day _______________________and _______________________’s actual or potential obligation to support the child under sections 154.001 and 154.002 of the Family Code terminates, IT IS ORDERED that _______________________and _______________________are discharged from the obligations set forth in this medical support order, except for any failure by a parent to fully comply with those obligations before that date.  IT IS FURTHER ORDERED that the cash medical support payments ordered below are payable through the state disbursement unit and subject to the provisions for withholding from earnings provided above for other child support payments.

2.         Definitions –

“Health Insurance” means insurance coverage that provides basic health-care services, including usual physician services, office visits, hospitalization, and laboratory, X-ray, and emergency services, that may be provided through a health maintenance organization or other private or public organization, other than medical assistance under chapter 32 of the Texas Human Resources Code.

“Reasonable cost” means the cost of health insurance coverage for a child that does not exceed 9 percent of the obligor’s annual resources, as described by section 154.062(b) of the Texas Family Code, if the obligor is responsible under a medical support order for the cost of health insurance coverage for only one child.  If the obligor is responsible under a medical support order for the cost of health insurance coverage for more than one child, “reasonable cost” means the total cost of health insurance coverage for all children for which the obligor is responsible under a medical support order that does not exceed 9 percent of the obligor’s annual resources, as described by section 154.062(b) of the Texas Family Code.

“Reasonable and necessary health-care expenses not paid by insurance and incurred by or on behalf of a child” include, without limitation, any copayments for office visits or prescription drugs, the yearly deductible, if any, and medical, surgical, prescription drug, mental health-care services, dental, eye care, ophthalmological, and orthodontic charges.  These reasonable and necessary health-care expenses do not include expenses for travel to and from the health-care provider or for nonprescription medication.

“Furnish” means:

a.         to hand deliver the document by a person eighteen years of age or older either to the recipient or to a person who is eighteen years of age or older and permanently resides with the recipient;

b.         to deliver the document to the recipient by certified mail, return receipt requested, to the recipient’s last known mailing or residence address; or

c.         to deliver the document to the recipient at the recipient’s last known mailing or residence address using any person or entity whose principal business is that of a courier or deliverer of papers or documents either within or outside the United States.

3.         Findings on Health Insurance Availability – IT IS FOUND:

No parent has access to private health insurance at a reasonable cost.

IT IS FURTHER FOUND that the following orders regarding health-care coverage are in the best interest of the child.

4.         Provision of Health-Care Coverage –

_______________________is ORDERED to apply, within 30 days after entry of this order, for coverage under a governmental medical assistance program or health plan for the child who is the subject of this suit.

When such health coverage is obtained, _______________________is ORDERED to maintain the coverage in full force and effect on the child who is the subject of this suit as long as child support is payable for that child, by paying all applicable fees required for the coverage, including but not limited to enrollment fees and premiums.  _______________________is ORDERED to furnish _______________________a true and correct copy of the health insurance policy or certification and a schedule of benefits within 30 days following the signing of this order.  _______________________is FURTHER ORDERED to furnish _______________________copies of the insurance cards and any other forms necessary for use of the insurance within 30 days following the signing of this order. _______________________is ORDERED to provide, within three days of receipt by _______________________, to _______________________any insurance checks, other payments, or explanations of benefits relating to any medical expenses for the child that _______________________paid or incurred.

_______________________is ORDERED to pay _______________________cash medical support, as additional child support, of $50.00 per month, with the first installment being due and payable on January 1, 2011 and a like installment being due and payable on or before the first day of each month until the termination or modification of current child support for the child under this order.

IT IS ORDERED that the cash medical support provisions of this order shall be an obligation of the estate of _______________________and shall not terminate on his death.

_______________________is allowed to discontinue payment of cash medical support, for the time _______________________is providing coverage, if-

a.         health insurance for the children becomes available to _______________________at a reasonable cost;

b.         _______________________enrolls the child in the insurance plan; and

c.         _______________________provides _______________________the information required under section 154.185 of the Texas Family Code.

Pursuant to section 154.183(c) of the Texas Family Code, the reasonable and necessary health‑care expenses of the child that are not reimbursed by health insurance or are not otherwise covered by the amount of cash medical support under section 154.182(b) are allocated as follows:  _______________________is ORDERED to pay 50 percent and _______________________is ORDERED to pay 50 percent of the total health‑care expenses that exceed the amount of cash medical support paid by _______________________.

The party who incurs a health‑care expense on behalf of the child is ORDERED to submit to the other party all forms, receipts, bills, and statements reflecting the uninsured portion of the health‑care expenses within thirty days after he or she receives them.  The nonincurring party is ORDERED to pay his or her share or percentage of the uninsured portion of the health‑care expenses either by paying the health‑care provider directly or by reimbursing the incurring party for any advance payment exceeding the incurring party’s share or percentage of the uninsured portion of the health‑care expenses within thirty days after the nonincurring party receives the forms, receipts, bills, or statements.

These provisions apply to all health‑care expenses of the child who is the subject of this order for the provision of health‑care coverage that are incurred while cash medical support is payable for that child.

5.         WARNING – A PARENT ORDERED TO PROVIDE HEALTH INSURANCE OR TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT FOR THE COST OF HEALTH INSURANCE WHO FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL EXPENSES OF THE CHILD, WITHOUT REGARD TO WHETHER THE EXPENSES WOULD HAVE BEEN PAID IF HEALTH INSURANCE HAD BEEN PROVIDED, AND FOR THE COST OF HEALTH INSURANCE PREMIUMS OR CONTRIBUTIONS, IF ANY, PAID ON BEHALF OF THE CHILD.

6.         Notice to Employer – On this date a Medical Support Notice was signed by the Court.  For the purpose of section 1169 of title 29 of the United States Code, the party not carrying the health insurance policy is designated the custodial parent and alternate recipient’s representative.

7.         Miscellaneous Health Care Provisions –

Each parent will deliver the medications of the child to the other parent at the beginning of the other parent’s parenting time, unless the medications have been divided by the pharmacist into two containers that provide appropriate dosages and administrations to cover the time with each parent or unless two prescriptions can be obtained.

Each parent will inform the other of regular health-care appointments in advance, and both may attend.

Miscellaneous Child Support Provisions

Support as Obligation of Estate

IT IS ORDERED that the provisions for child support in this decree shall be an obligation of the estate of _______________________and shall not terminate on the death of _______________________.  Payments received for the benefit of the child, including payments from the Social Security Administration, Department of Veterans Affairs or other governmental agency or life insurance proceeds, annuity payments, trust distributions, or retirement survivor benefits, shall be a credit against this obligation.  Any remaining balance of the child support is an obligation of _______________________’s estate.

Termination of Orders on Remarriage of Parties

The provisions of this decree relating to current child support terminate on the remarriage of _______________________to _______________________unless a nonparent or agency has been appointed conservator of the child under chapter 153 of the Texas Family Code.  An obligation to pay child support under this decree does not terminate on the death of _______________________but continues as an obligation to _______________________.

 

Medical Notification

Each party is ORDERED to inform the other party within 4 hours of any medical condition of the child requiring surgical intervention, hospitalization, or both.

Within 30 days after the Court signs this decree, each party is ORDERED to execute –

1.         all necessary releases pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508 to permit the other conservator to obtain health-care information regarding the child; and

2.         for all health-care providers of the child, an authorization for disclosure of protected health information to the other conservator pursuant to the HIPAA and 45 C.F.R. section 164.508.

Each party is further ORDERED to designate the other conservator as a person to whom protected health information regarding the child may be disclosed whenever the party executes an authorization for disclosure of protected health information pursuant to the HIPAA and 45 C.F.R. section 164.508.

Information Regarding Parties

The information required for each party by section 105.006(a) of the Texas Family Code is as follows:

Name:  _______________________

Social Security number:

Driver’s license number:

Current residence address:

Mailing address:

Home telephone number:

Name of employer:

Address of employment:

Work telephone number:

Name:  _______________________

Social Security number:          ________________________________

Driver’s license number            __________________            Issuing state:

Current residence address:

Mailing address:

Home telephone number

Name of employer:                 __________________________________

Address of employment:        __________________________________

Work telephone number:         __________________________________

EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE PARTY’S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER’S LICENSE NUMBER, AND WORK TELEPHONE NUMBER.  THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 6OTH DAY BEFORE THE INTENDED CHANGE.  IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE.

THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.

FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT.  A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.

Notice shall be given to the other party by delivering a copy of the notice to the party by registered or certified mail, return receipt requested.  Notice shall be given to the Court by delivering a copy of the notice either in person to the clerk of this Court or by registered or certified mail addressed to the clerk at 1115 Congress St., Houston, Texas 77002.  Notice shall be given to the state case registry by mailing a copy of the notice to State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas  78711-2017.

NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS:  YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY SPECIFIED IN THIS ORDER.  A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER’S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER’S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER’S DUTIES IN ENFORCING THE TERMS OF THE ORDER THAT RELATE TO CHILD CUSTODY.  ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000.

WARNINGS TO PARTIES:  FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT.  A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.

FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE PARTY’S NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.

FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD.  REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT PARTY.

Division of Marital Estate

The Court finds that the following is a just and right division of the parties’ marital estate, having due regard for the rights of each party and the child of the marriage.

Property to Husband

IT IS ORDERED AND DECREED that the husband, _______________________, is awarded the following as his sole and separate property, and the wife is divested of all right, title, interest, and claim in and to that property:

H-1.     All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the husband or subject to his sole control.

H-2.     All clothing, jewelry, and other personal effects in the possession of the husband or subject to his sole control.

H-3.     All sums of cash in the possession of the husband or subject to his sole control, including funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial institutions, which accounts stand in the husband’s sole name or from which the husband has the sole right to withdraw funds or which are subject to the husband’s sole control.

H-4.     The motor vehicle together with all prepaid insurance, keys, and title documents.

This decree shall serve as a muniment of title to transfer ownership of all property awarded to any party in this Agreed Final Decree of Divorce.

Property to Wife

IT IS ORDERED AND DECREED that the wife, _______________________, is awarded the following as her sole and separate property, and the husband is divested of all right, title, interest, and claim in and to that property:

W-1.    All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the wife or subject to her sole control.

W-2.    All clothing, jewelry, and other personal effects in the possession of the wife or subject to her sole control.

W-3.    All sums of cash in the possession of the wife or subject to her sole control, including funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial institutions, which accounts stand in the wife’s sole name or from which the wife has the sole right to withdraw funds or which are subject to the wife’s sole control.

This decree shall serve as a muniment of title to transfer ownership of all property awarded to any party in this Agreed Final Decree of Divorce.

Division of Debt

Debts to Husband

IT IS ORDERED AND DECREED that the husband, _______________________, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the wife and her property harmless from any failure to so discharge, these items:

H-1.     All debts, charges, liabilities, and other obligations incurred solely by the husband from and after January 1, 2006 and in his name only unless express provision is made in this decree to the contrary.

Debts to Wife

IT IS ORDERED AND DECREED that the wife, _______________________, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the husband and his property harmless from any failure to so discharge, these items:

W-1.    All debts, charges, liabilities, and other obligations incurred solely by the wife from and after January 1, 2006 and in her name only unless express provision is made in this decree to the contrary.

Notice

IT IS ORDERED AND DECREED that each party shall send to the other party, within three days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any potential liability of the other party.

Attorney’s Fees

To effect an equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the child, each party shall be responsible for his or her own attorney’s fees, expenses, and costs incurred as a result of legal representation in this case.

Treatment/Allocation of Community Income for Year of Divorce

IT IS ORDERED AND DECREED that, for the calendar year 2010, each party shall file an individual income tax return in accordance with the Internal Revenue Code and report as the party’s income 50 percent of all predivorce community income or loss attributable to the parties, all postdivorce income attributable to the reporting party, and all the reporting party’s separate income during any part of the year. Each party shall take credit for 50 percent of all prior year overpayments, estimated tax payments, and withholdings occurring before the date of divorce and for 100 percent of the reporting party’s estimated tax payments and withholdings occurring after the date of divorce.

IT IS ORDERED AND DECREED that, for the calendar year 2010, each party shall timely pay and indemnify and hold the other party and his or her property harmless from any federal income tax liability attributable to the personal earnings of the reporting party and any net income resulting from property subject to the sole management and control of the reporting party from January 1 of that year through the date of divorce and for all such postdivorce earnings and income.

IT IS ORDERED AND DECREED that each party shall be entitled to use as a credit against his or her tax liability all estimated tax payments, credit for tax payments made in prior years, and withholdings made solely in the name of the reporting party and 50 percent of such estimated tax payments, credit for tax payments, and withholdings made in the names of both parties before the date of divorce together with any net loss resulting from property subject to the sole management and control of the reporting party and 50 percent of any net loss attributable to property subject to the joint management of the parties.

IT IS ORDERED AND DECREED that for calendar year 2010, each party shall indemnify and hold the other party and his or her property harmless from any tax liability associated with the reporting party’s individual tax return for that year unless the parties have agreed to allocate their tax liability in a manner different from that reflected on their returns.

IT IS ORDERED AND DECREED that each party shall furnish such information to the other party as is requested to prepare federal income tax returns for 2010 within thirty days of receipt of a written request for the information, and in no event shall the available information be exchanged later than March 1, 2011.  As requested information becomes available after that date, it shall be provided within ten days of receipt.

IT IS ORDERED AND DECREED that all payments made to the other party in accordance with the allocation provisions for payment of federal income taxes contained in this Final Decree of Divorce are not deemed income to the party receiving those payments but are part of the property division and necessary for a just and right division of the parties’ estate.

Court Costs

IT IS ORDERED AND DECREED that costs of court are to be borne by the party who incurred them.

 

Discharge from Discovery Retention Requirement

IT IS ORDERED AND DECREED that the parties and their respective attorneys are discharged from the requirement of keeping and storing the documents produced in this case in accordance with rule 191.4(d) of the Texas Rules of Civil Procedure.

Decree Acknowledgment

Petitioner, _______________________, and Respondent, _______________________, each acknowledge that before signing this Final Decree of Divorce they have read this Final Decree of Divorce fully and completely, have had the opportunity to ask any questions regarding the same, and fully understand that the contents of this Final Decree of Divorce constitute a full and complete resolution of this case.  Petitioner and Respondent acknowledge that they have voluntarily affixed their signatures to this Final Decree of Divorce, believing this agreement to be a just and right division of the marital debt and assets, and state that they have not signed by virtue of any coercion, any duress, or any agreement other than those specifically set forth in this Final Decree of Divorce.

Indemnification

Each party represents and warrants that he or she has not incurred any outstanding debt, obligation, or other liability on which the other party is or may be liable, other than those described in this decree.  Each party agrees and IT IS ORDERED that if any claim, action, or proceeding is hereafter initiated seeking to hold the party not assuming a debt, an obligation, a liability, an act, or an omission of the other party liable for such debt, obligation, liability, act or omission of the other party, that other party will, at his or her sole expense, defend the party not assuming the debt, obligation, liability, act, or omission of the other party against any such claim or demand, whether or not well founded, and will indemnify the party not assuming the debt, obligation, liability, act, or omission of the other party and hold him or her harmless from all damages resulting from the claim or demand.

Damages, as used in this provision, includes any reasonable loss, cost, expense, penalty, and other damage, including without limitation attorney’s fees and other costs and expenses reasonably and necessarily incurred in enforcing this indemnity.

IT IS ORDERED that the indemnifying party will reimburse the indemnified party, on demand, for any payment made by the indemnified party at any time after the entry of the divorce decree to satisfy any judgment of any court of competent jurisdiction or in accordance with a bona fide compromise or settlement of claims, demands, or actions for any damages to which this indemnity relates.

The parties agree and IT IS ORDERED that each party will give the other party prompt written notice of any litigation threatened or instituted against either party that might constitute the basis of a claim for indemnity under this decree.

Clarifying Orders

Without affecting the finality of this Final Decree of Divorce, this Court expressly reserves the right to make orders necessary to clarify and enforce this decree.

Relief Not Granted

IT IS ORDERED AND DECREED that all relief requested in this case and not expressly granted is denied.  This is a final judgment, for which let execution and all writs and processes necessary to enforce this judgment issue.  This judgment finally disposes of all claims and all parties and is appealable.

Date of Judgment

SIGNED on                                                               .

 

 

                                                                                   

JUDGE PRESIDING

 

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 10 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for contested divorce Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

Uncontested Divorce Houston Texas with Children also would be applicable to the following communities within the greater Houston, Texas Area:

Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & The Woodlands, Spring, Stafford, Sugarland, Galveston, Missouri City, Richmond, & Alief

 

Michael-G-Busby-Jr

Temporary Restraining Order

facebook cover 4.27.15
The form used in below.  This is a standard form for divorces and many suit affecting the parent child relationship in Houston, Texas.  I typically appear in this type of hearing at least once a week.

NO. _______________________

IN   THE MATTER OF

§

IN   THE DISTRICT COURT
THE   MARRIAGE OF

§

§

§

AND

§

 JUDICIAL DISTRICT

§

§

AND   IN THE INTEREST OF

§

 CHILDREN

§

HARRIS   COUNTY, TEXAS

 

                                     TEMPORARY RESTRAINING ORDER AND

                       ORDER SETTING HEARING FOR TEMPORARY ORDERS

 

The application of Petitioner, , for temporary restraining order was presented to the Court today.  Respondent is .

The children the subject of this suit are .

The Court examined the pleadings of Petitioner and finds that Petitioner is entitled to a joint and mutual temporary restraining order.

IT IS THEREFORE ORDERED that the clerk of this Court issue a joint and mutual temporary restraining order restraining Petitioner and Respondent, and Petitioner and Respondent are immediately restrained, from:

1.         Communicating with the other party in person, by telephone, or in writing in vulgar, profane, obscene, or indecent language or in a coarse or offensive manner.

2.         Threatening the other party in person, by telephone, or in writing to take unlawful action against any person.

3.         Placing one or more telephone calls, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication.

4.         Causing bodily injury to the other party or to a child of either party.

5.         Threatening the other party or a child of either party with imminent bodily injury.

6.         Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties.

7.         Falsifying any writing or record relating to the property of either party.

8.         Misrepresenting or refusing to disclose to the other party or to the Court, on proper request, the existence, amount, or location of any property of one or both of the parties.

9.         Damaging or destroying the tangible property of one or both of the parties, including any document that represents or embodies anything of value.

10.       Tampering with the tangible property of one or both of the parties, including any document that represents or embodies anything of value, and causing pecuniary loss to the other party.

11.       Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of Petitioner or Respondent, whether personalty or realty, and whether separate or community, except as specifically authorized by this order.

12.       Incurring any indebtedness, other than legal expenses in connection with this suit, except as specifically authorized by this order.

13.       Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by this order.

14.       Spending any sum of cash in each party’s possession or subject to each party’s control for any purpose, except as specifically authorized by this order.

15.       Withdrawing or borrowing in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account, except as specifically authorized by this order.

16.       Entering any safe-deposit box in the name of or subject to the control of Petitioner or Respondent, whether individually or jointly with others.

17.       Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of Petitioner or Respondent, except as specifically authorized by this order.

18.       Changing or in any manner altering the beneficiary designation on any life insurance on the life of Petitioner or Respondent or the parties’ children.

19.       Canceling, altering, failing to renew or pay premiums, or in any manner affecting the present level of coverage of any life, casualty, automobile, or health insurance policies insuring the parties’ property or persons, including the parties’ children.

20.       Opening or diverting mail addressed to the other party.

21.       Signing or endorsing the other party’s name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to the other party without the personal signature of the other party.

22.       Taking any action to terminate or limit credit or charge cards in the name of the other party.

23.       Discontinuing or reducing the withholding for federal income taxes on each party’s wages or salary while this case is pending.

24.       Destroying, disposing of, or altering any financial records of the parties, including but not limited to records from financial institutions (including canceled checks and deposit slips), all records of credit purchases or cash advances, tax returns, and financial statements.

25.       Destroying, disposing of, or altering any e-mail or other electronic data relevant to the subject matters of this case, whether stored on a hard drive or on a diskette or other electronic storage device.

26.       Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services, such as security, pest control, landscaping, or yard maintenance,  or in any manner attempting to withdraw any deposits for service in connection with those services.

27.       Excluding Petitioner from the use and enjoyment of the residence located at .

28.       Excluding Respondent from the use and enjoyment of the residence located at .

29.       Entering, operating, or exercising control over any vehicle in the possession of Petitioner.

30.       Entering, operating, or exercising control over any vehiclein the possession of Respondent.

31.       Disturbing the peace of the children or of another party.

32.       Withdrawing the children from enrollment in the school or day-care facility where the children are presently enrolled.

33.       Hiding or secreting the children from the other party.

34.       Making disparaging remarks regarding the other party or the other party’s family in the presence or within the hearing of the children.

35.       Consuming alcohol within the 24 hours before or during the period of possession of or access to the children.

36.       Permitting an unrelated adult with whom either party has an intimate or dating relationship to remain in the same residence with the children between the hours of 10:00 P.M. and 8:00A.M.

IT IS FURTHER ORDERED that each party is authorized only as follows:

To make expenditures and incur indebtedness for reasonable and necessary living expenses for food, clothing, shelter, transportation, and medical care.

To make expenditures and incur indebtedness for reasonable attorney’s fees and expenses in connection with this suit.

To make withdrawals from accounts in financial institutions only for the purposes authorized by this order.

To engage in acts reasonable and necessary to conduct each party’s usual business and occupation.

This joint and mutual restraining order is effective immediately and shall continue in force and effect until further order of this Court or until it expires by operation of law. This order shall be binding on Petitioner and Respondent; on Petitioner’s and Respondent’s agents, servants, and employees; and on those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise.  The requirement of a bond is waived.

IT IS FURTHER ORDERED that the clerk shall issue notice to Respondent, to appear, and Respondent is ORDERED to appear in person, and Respondent is to furnish information sufficient to accurately identify Respondent’s net resources and ability to pay child support and to bring with him tax returns for the past two years, a financial information statement substantially in the form and detail prescribed by the Texas Family Law Practice Manual (3d ed.), form 4-2, and pay stubs for the past three months.  IT IS ORDERED that Respondent shall appear with those documents before this Court in the courthouse at

___  1115 Congress, Houston, Texas 77020

___  201 Caroline, Houston, Texas 77020

on                     at                        . M.  The purpose of the hearing is to determine whether, while this case is pending:

1.         The preceding temporary restraining order should be made a temporary injunction pending final hearing.

2.         The additional temporary injunction prayed for should be granted.

3.         Petitioner should be awarded the exclusive use and possession of the residence located at, as well as the furniture, furnishings, and other personal property at that residence, while this case is pending, and Respondent should be enjoined from entering or remaining on the premises of the residence and exercising possession or control of any of this personal property, except as authorized by order of this Court.

4.         Petitioner should be awarded exclusive use and control of any vehicle in possession of petitioner, and Respondent should be enjoined from entering, operating, or exercising control over it.

5.         Petitioner should be awarded the exclusive use of the following property, and Respondent should be enjoined from exercising possession or control of any of this property:  .

6.         Petitioner and Respondent should be appointed temporary joint managing conservators, and Petitioner should be designated as the conservator who has the exclusive right to designate the primary residence of the children.

7.         Respondent should be ordered to pay child support, health insurance premiums for coverage on the children, an equitable portion of the children’s uninsured medical expenses, the children’s private school expenses and the children’s day‑care expenses while this case is pending.

8.         The Court should order reasonable periods of electronic communication between the children and Petitioner to supplement Petitioner’s periods of possession of the children.

9.         The Court should order Respondent to pay support to Petitioner until a final decree is signed.

10.       The Court should order Respondent to produce copies of income tax returns for tax year 2008, 2009, 2010 and 2012, a financial statement, and current pay stubs by a date certain.

11.       The Court should order Respondent to pay reasonable interim attorney’s fees and expenses.

12.       The Court should order Respondent to provide a sworn inventory and appraisement of all the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties substantially in the form and detail prescribed by the Texas Family Law Practice Manual (3d ed.), form 7-1.

13.       The Court should order Respondent to produce copies of all the tax information necessary to prepare Petitioner’s tax returns for tax year 2008, 2009 and 2010 , including tax returns and all supporting schedules for year 2012, by a date certain.

14.       The Court should order the parties to participate in an alternative dispute resolution process before trial of this matter.

15.       The Court should order Respondent to execute all necessary releases required by Petitioner to obtain any discovery allowed by the Texas Rules of Civil Procedure.

16.       The Court should order Respondent to execute all necessary releases pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508 to permit Petitioner to obtain health-care information regarding the children.

17.       The Court should order Respondent to execute for all health-care providers of the children an authorization for disclosure of protected health information to Petitioner pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508.

18.       The Court should order Respondent to designate Petitioner as a person to whom protected health information regarding the children may be disclosed whenever Respondent executes an authorization for disclosure of protected health information pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508.

19.       The Court should order a pretrial conference to simplify the issues in this case and determine the stipulations of the parties and for any other matters the Court deems appropriate.

20.       The Court should make all other and further orders respecting the property and the parties that are pleaded for or that are deemed necessary and equitable and for the safety and welfare of the children.

IT IS FURTHER ORDERED that any authorized person eighteen years of age or older who is not a party to or interested in the outcome of this case may serve any citation, notice, or process in this case.

SIGNED on                               at               .M.

 

                                                                                   

JUDGE PRESIDING

 

The purpose of the temporary restraining order to set up the rules of the divorce.  You may not be agreeable to visitation and support issues with your spouse.  Thus, Judicial intervention in required to give the parties guidance in how to behave in the divorce.

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 10 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for contested divorce Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

Temporary Restraining Order Houston Texas also would be applicable to the following communities within the greater Houston, Texas Area:

Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & The Woodlands, Spring, Stafford, Sugarland, Galveston, Missouri City, Richmond, & Alief

 

Contested Divorce Houston Texas

facebook cover 4.27.15
Before filing for divorce here are some pointers.  Be careful about destroying evidence as this may cause you problems later.  At the same time, you want to review this list and attempt to cushion any negative impact your actions prior to filing divorce may had on your decision making.  Some pointers for you:

  • Do check social networking sites and possibly shut down;
  • Do secure self and make provisions to be safe; if there is a threat of violence;
  • Do inform attorney of all relevant facts;
  • Do talk about pre-and postnups, if you have had one;
  • Do walk away from arguments and conflict;
  • Do gather documents early in the process or before divorce begins;
  • Do attend parenting class on attorney advice;
  • Do gather information for inventories – this includes your assets and your debts;
  • Do be on best behavior during the divorce;
  • Do stop cursing in all forms, particularly in texts, e-mails, or other writings;
  • Do disclose criminal history to your attorney;
  • Do seek help for use of alcohol or unlawful substances before filing;
  • Do act as if every conversation is recorded;
  • Do disclose bad behavior to your attorney.
  • Do Not violate a standing order or injunction;
  • Do Not transfer or withdraw large money after filing for divorce;
  • Do Not sell property without the Court’s permission;
  • Do Not take kids out of school or enroll them in a new school;
  • Do Not incur large or frivolous debts;
  • Do Not discuss divorce in depth with kids;
  • Do Not start another romantic relationship;
  • Do Not put divorce information on social network sites;
  • Do Not remove kids from the state to change their residence;
  • Do Not hide assets or resist discovery;
  • Do Not have expectations that the divorce will be over quickly or inexpensively;
  • Do Not be rude or impolite to the other spouse
  • Do Not blog publicly about your divorce proceedings;
  • Do Not write and send nasty emails;
  • Do Not send nasty text messages;
  • Do Not take scandalous photos of yourself;
  • Do Not remove, hide or secret the kids from your spouse.

Lastly, please be advised that we cannot guarantee any expected outcome or conclusion of your legal matter due to numerous and complicated factors which are beyond our control.  Accordingly, we cannot guarantee a favorable outcome in any legal matter that we are handling for you.  We will however, provide reasonable and competent services to represent and protect your interests and will not conclude or settle the matter without your approval.  Should a problem arise with your spouse, please contact our office so that we may be able to advise you of the next step that will need to occur. If you have any further questions, please feel free to contact our office.

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for contested divorce Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com