FAQ

All office visits are by appointment only. We encourage each of our clients to schedule meetings with us during regular business hours. From time to time, you may request that we meet you in the evening if the matter cannot wait. While we do not encourage these “special visits,” we may arrange them where necessary. If we must meet with you in the evening, we must reserve the right to add a surcharge to our regular fee for the appointment. You will be advised, in advance, of the decision concerning the surcharge. Since “special visits” may be expensive, please avoid them whenever possible.

Certain legal matters require that our client’s money be held “in trust” or “in escrow” for long periods of time. We maintain a separate trust account, and money in that account is never co-mingled with general funds. Separate, detailed records are kept in connection with this account on your behalf.

From time to time, a potential conflict of interest may arise due to our representation of other clients. We take steps to avoid this circumstance, checking for conflicts of interest before we agree to representation. However, if this occurs, and the matter is already underway, we will immediately withdraw from the matter, and make sure that you are adequately informed. You can rest assured that our firm will never knowingly take part in representation that involves an impermissible conflict of interest. If a potential conflict arises, we will fully disclose the facts to you, and do our best to protect your interests while assisting you in transferring your matter to another attorney.

We are interested in your questions and we want you to ask them. Sometimes we are required to be out of the office, even for days at a time. If we are unavailable, every effort will be made to respond to your questions as quickly as possible and to address your concerns and issues.

A phone call to our office is always the best option, even if you don’t think that your question is directly related to the matter in which we are representing you. No questions about your rights, duties, or obligations should go unanswered. Fees for these different matters will be charged in accordance with our regular practice.

The importance of communication and transparency between attorney and client cannot be overstated. Sometimes legal matters can stretch out for a long time. To you it may sometimes seem as if a long time has gone by without any activity on your matter. However, we will keep track of all necessary deadlines, and do all of the required behind-the-scenes work, making sure that nothing in your matter is overlooked. In order to keep the cost of legal services down while maximizing communications, it may not be practical to have a friendly phone conversation with you each and every week. However, will be certain to keep you informed of anything significant that occurs in your case and to respond to your questions and calls within in a reasonable time. We will also inform you whenever your presence is required, either in our office or in court.

Dealing with legal matters can be taxing, but it is usually one of the most important activities that a person can undertake. Regardless of your type of matter, we require that our clients participate fully in their legal representation. This includes some important responsibilities. You should be honest and open with your attorney regarding all information, and err on the side of disclosure when you are not certain that a particular piece of information is relevant. It is important that you disclose all important information, even if it is uncomfortable for you to do so. Remember, everything that you share with us is completely confidential, and your best interests are our primary concern. Additionally, it is important that you provide us with all information that we request, and be certain to be in attendance whenever we inform you that your presence is required, either in our office or in court.

You are entitled to know, to the extent that we can reasonably inform you at your first visit, what your fee will be. We encourage a frank, open discussion about our fees with each client at the time of the initial consultation.

We try to keep legal fees as reasonable as possible. The amount of services required, however, is not fully within our control. We discuss the options and benefits for services. Please feel free to discuss your fees with your lawyer.

Our attorneys are paid under various fee arrangements. A retainer fee will usually be required in order to begin to work on your matter, and you will be kept advised as to how that retainer fee is being used. Bills will be sent to you periodically showing your charges and payments.

Hourly Fee:

In this arrangement, fees are based on an hourly rate for services rendered. A detailed, itemized bill will be given to you showing all of the work done on your case on a monthly basis. Unless otherwise agreed, the hourly fee basis will be the presumed fee arrangement.

Flat Fee:

Your legal fee is a stated sum for agreed upon services. No accounting will be made.

Contingency Fee:

In this arrangement, your legal fees will be based on a percentage of the amount of recovery we get for you. Not all types of cases qualify for a contingency fee arrangement. We will tell you if yours does.

For several reasons, we are certain that your case will be in good hands with our firm.

We understand that your legal matter is important to you and the decision of whom to hire as your attorney can be difficult. We make your legal matter important to us as well. Protecting your best interests, making sure that you are fully advised of your options, and obtaining the best possible resolution of your matters are of paramount concern to us. We focus on efficiency, while still maintaining comprehensive and thorough representation for each and every client.

As times have changed and the law has become more and more complicated, no attorney can possibly keep up with all areas and complexities of the law. Our firm is comprised of top legal minds, each with their own area of expertise. All of our attorneys have significant expertise and experience in their particular practice areas. In addition, our attorneys continuously consult with each other on matters so that we can make sure that nothing has been overlooked.

Take the time to contact us by telephone or through the contact form on our website. We will be delighted to discuss your matter with you, as well as your options for retaining us. We are selective regarding clients and matters we represent, which results in increased value to you. We will usually schedule an initial consultation, which we will discuss and arrange on a case-by-case basis. Should we mutually agree to work together on your matter, you can be assured that you will receive the best legal representation available.

While there are no official guidelines for temporary spousal support, a Judge may order temporary spousal support while the case is pending if the person applying for support can demonstrate a serious financial need.

A court will only grant permanent spousal support in a divorce case where the requesting spouse meets one of the following four requirements:

• The paying spouse was convicted of family violence within two years of the date of the filing of divorce;
• The marriage was 10 years or longer, and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and cannot support himself or herself through appropriate employment because of an incapacitating physical or mental disability
• The marriage was 10 years or longer, and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and is the custodian of a child who requires substantial care and personal supervision, making it necessary for that spouse to remain at home with that child; or
• The marriage was 10 years or longer, and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and lacks earning ability in the labor market adequate to provide for minimal needs.

First, one spouse (the Petitioner) files an Original Petition for Divorce and has it served on the other spouse (the Respondent). Sometimes, when the Petition is filed, certain Temporary Restraining Orders will be issued. Such orders might include requirements that neither spouse deplete any marital assets and that neither spouse treats the other one uncivilly. If the Temporary Restraining Order was issued without notice to the other spouse, the court will schedule a hearing within 14 days to determine whether the Temporary Restraining Order should become a Temporary Order governing the parties conduct during the divorce.

Once the Petition is served on the Respondent, he or she has until the Monday following the expiration of 20 days from the date of service to file an Answer.

During the pendency of the divorce action, the court will create temporary orders concerning custody, support and visitation of the children, as well as temporary use of marital property and treatment of debt.

The court will order a period of Discovery, in which each spouse will have the opportunity to gather information from the other spouse. Discovery is the exchange of information and documents between the parties, and may include depositions, interrogatories, and requests to produce certain documents.

While the divorce is pending, the parties will be expected to attempt to reach an agreement, either through direct negotiation through attorneys, or through facilitative mediation. If the parties can reach an agreement on all terms, an Agreed Decree of Divorce will be prepared and presented to the Judge for signature. If the spouses are not able to agree on all of the terms, a trial will take place. At trial, relevant information will be presented to the Judge or the jury, who will make specific rulings on each issue. Once the trial has been completed, one of the parties’ attorneys will draft a Decree reflecting the Judge’s ruling or jury’s findings during the trial.

It depends. In Texas, the soonest that a divorce can be finalized is 61 days after the petition is filed. If the spouses are not in agreement as to the resolution of all of the issues, it could take a lot longer. A divorce becomes final when a judge pronounces so in open court and signs the divorce decree. This will not happen until all the terms of child custody, child support, and property division have been settled. There is no way to predict how long this process will take, and depending on the circumstances, it could take up to a year or more to complete.

texas is a no-fault divorce state. this means that can be granted simply because of “insupportability” the marriage, which there conflict personalities destroys legitimate ends marriage and prevents any reasonable expectation reconciliation. are also “fault” grounds for divorce, court may take into consideration in determining fair division marital assets. include adultery, cruel treatment, abandonment, long-term incarceration, confinement to mental hospital at least three years, or living apart years. additionally, if one spouse fault breakup those alleged petition.

Because Texas is a “no-fault” divorce state, you may obtain a divorce regardless of whether your spouse wants a divorce.

Yes. In order to file for divorce in Texas, at least one spouse must have been a resident of Texas for six months prior to filing. The filing spouse also must have been a resident of the county where the petition is being filed for at least 90 days.