The Drawbacks of Do-It-Yourself Divorce

It can be intimidating to research, find, or hire top divorce lawyers. Especially in this age of do-it-yourself mania, it might be tempting to attempt divorce proceedings on your own in order to save money and time. However, the laws surrounding divorce is complicated. Without the proper representation and good legal counsel, it is easy to misstep and create a costly mistake.

 

Most people aren’t familiar with how a court works, much less the intricate and numerous laws surrounding divorces. While top divorce lawyers have years of study and experience to help them, the average person faces a minefield of trouble, without proper help. Many of the problems only hurt them in the long run. While some funds might be saved by not hiring an attorney, in the end, the missed opportunities or fixed mistakes often negate any savings. Top divorce lawyers know that the mistakes made during a DIY divorce don’t always appear right away. After significant time has passed, it can be extremely difficult to repair problems or address issues.

Most of the problems of a DIY divorce are easy to stumble upon and difficult to know about ahead of time. Many people make incorrect assumptions about asset ownership and custody laws. Poorly drafted or incomplete asset lists, debt lists, or parenting plans are all costly problems. financially and emotionally. It is important that every detail is documented and properly provided to the court for a fair judgement to be passed. Missed deadlines or opportunities are other issues. Attorneys with experience not only know divorce law, but they also know the other attorneys, the processes and timetables, and often the judge. They know what is priority, what needs to be done in what order, and who to talk to for negotiations or direction.

It probably appears that attorneys are only paid to provide a bit of paperwork. Instead, they guide a person through the confusing and complicated process of the divorce while protecting the interests of their client. While many things might be just as good or even better when done yourself, divorce is not one of them. In the end, it is worth the investment of time and money to secure one of many top divorce lawyers when seeking a divorce.

If you would like to learn more about top divorce lawyers in Dallas, visit KoonsFuller, P.C.

What If My Ex Refuses to Move Out?

Divorce and family law involves more than simply the divorce proceedings. Sometimes, in the unfortunate event that a marriage is ending, one of the parties will not vacate the main residence that the two shared and the other party needs help resolving the issue. They aren’t staying because they don’t know the relationship is over, but rather because of a number of underlying reasons. Even though relations are strained, it is worth it to try to find why they won’t leave, so you can come to an agreement together on how to fix the situation. If that level of conflict resolution isn’t possible, because of tension, then it is necessary to seek professional help through your attorney to get results.

Often, the reason a person stays in a home with an ex is financial. Perhaps they don’t feel they can afford another property, especially if they are responsible for supporting, in whole or in part, the primary residence. If that is the case, then they likely won’t be able to leave until they can afford to rent or purchase another option. Emotional reasons are also sometimes the culprit when a former spouse won’t leave. They might need professional psychological help to get them through the situation and back on their own.

In situations where the couple share children, the ex might not want to vacate the home until all custody issues are resolved. According to divorce and family law, this is actually smart on their part. They aren’t seen by the court as abandoning their children or responsibilities. Unfortunately, if the relationship includes frequent arguments, then the children are likely suffering more in the situation.

Unless the couple can come to a resolution on their own, professional help will need to be sought. Attorneys that specialize in divorce and family law can help guide a person through the necessary steps to get the ex out of the house. In most cases, force through the help of police officers isn’t used, unless someone is in danger or it can be legally proven that the ex should not be in the house. Usually, the resolution is in a legal agreement that ceeds property, finances, or child custody rights to one or the other parties.

If you would like to learn more about divorce and family law in Austin, visit KoonsFuller, P.C.

Thinking about Divorce? Here's 5 Facts to Know About Pet Custody

Issues over property and time with children aren't the only issues that need to be resolved when a couple decides to divorce. It is often necessary to rule who will have pet custody and what the visitation rights will be.

1. Try to talk about it

The best first step for the pet is to talk to the opposite party and see if an amicable solution can be made. Perhaps the pet stays with the kids for their visitation days. If no children are in the mix, maybe a similar schedule of time off and time on can be made between the two. It is best to try to find a solution that works for both before attempting litigation.

2. Animals are property

Although Fido might be a person to you, in the eyes of the law, he is property. Any and all pets, including dogs, cats, birds, small mammals, reptiles, and exotic pets are considered property. If a resolution for pet custody can't be made, then the ownership will be determined the same way all other property has been.

3. Determine who owns the pet

In one or the other party can actually prove that they are the rightful owner, the situation is in their favor for pet custody. If one person was responsible for bringing the animal into the household, whether it was found or purchased, then it is in their best interest to produce proof.

4. Claim primary caregiver

Even if one party was not the one that purchased the pet, if they were the ones that cared for the animal the most, they can claim primary caregiver. Proof in the form of receipts or witnesses will need to be presented showing that they were typically the owner to provide food, licensing, grooming, veterinary care, and general care for the animal.

5. Look into other cases

Currently, according to the strict letter of the law, all pets are simply property. However, some courts are beginning to acknowledge the relationship and importance of the family pet is more complicated and important than that of other possessions. A previous case on pet custody could help form a compelling or strategic argument.

If you would like to learn more about pet custody in Houston, click here.

5 Tips for Finding the Best Divorce Attorney

When researching for the best divorce lawyers, it is helpful to have a few key bits of information to help narrow the search. 

 

1. Stick to attorneys that practice family law

Although your second cousin, Albert, might be a lawyer, be sure that he is trained in family law before you ask for any favors handling your divorce. Many complicated laws and regulations surround divorce, custody, and division of property. It is in your best interest to be represented by someone that knows what they are doing.

2. Stick to the county of the case

The best divorce lawyers to consider are those that know the local judges, customs, court staff, and other attorneys involved with the case. In order to help have the smoothest divorce procedure possible, it is good to start the search with lawyers that practice in the county where the case will be filed.

3. Do the research

Once the local short list is complete, it is important to review the candidates. The Internet is a great tool for this. Look for their websites, or any sites that mention them. It can also be helpful to search social media platforms for content about each attorney.

4. Schedule a meeting

You will likely be spending a lot of time and money on this relationship and it is important that you interview the best divorce lawyers you can find before hiring any. Prepare all necessary documents, so they fully understand your situation. Also, bring a list of questions, because this is essentially a job interview. Keep good notes to review later.

5. Make a decision

The brief consultation should direct you to the candidate you like the most. If you are still not sure between a few, you can ask friends and family if they have ever worked with those particular attorneys. Online reviews can also be reviewed for tie-breaking information.

If you would like to learn more about the best divorce lawyers in Dallas, visit KoonsFuller.

5 Facts to Know About Modifying Your Child Custody Agreement

Child possession laws are no joke. Many aspects of a custody agreement are binding, unless you or your ex can come up with substantial proof that a change needs to happen. Judges work to protect the child, above the parents.

1. Know your terms

The legal profession has its own vocabulary. The same is true for child possession laws. Understand that you make changes by submitting a Petition. Anyone involved in the current order can file a petition, which makes that person the Petitioner. The others involved in the case are called Respondents. There are many other terms to know, to, so ask your attorney if you have questions about what something means.

2. File with your original orders

If you believe changes need to be made, the first step is to file your Petition at the same office that filed your original agreement. If your children have moved since that time, ask the clerk how to move the case to their new county.

3. If you all get along

In some cases, parents have already made a mutual decision to deviate from the original order. If the situation is working out for everyone, but you want to make it legal, then let the judge know how long the new situation has been in effect, and how it has helped the child.

4. Everyone gets involved

When a Petition is filed, child possession laws dictate that all parties that will be affected have to participate in some way. Those that were in the original Decree and those that are mentioned in the newly proposed one all have to either wave their rights or become involved.

5. If everyone doesn't get along

In any case, the child possession laws are based around what is in the best interest of the child. If the changes being asked for are better for the child, and if the circumstances of the original Decree are substantially changed, then the judge will consider a modification.

If you would like to learn more about child possession laws in Houston, Texas, click here!

What Dads Should Know about Custody Relocation

Child possession laws can be complicated. Constant changes to laws make it even more difficult to understand what is and is not allowed. However, laws exist to protect citizens. When it comes to child custody laws, the laws are made to protect the child. If one parent would like to move the child, the other has the right to question that move, to protect their relationship with the child and how it affects the child's overall wellbeing

A child's home is determined by the parent selected by the court to be primary custodian. Often, the court outlines a geographical area where the parent given custody and the child can live. It can be a particular state, county, or city, depending on the situation. Whichever it is, the custodian is free to move within that area, but not outside of it.

Child possession laws are fashioned this way to ensure that both parents have access to the child. It is generally believed by the court that a child benefits from a relationship with both parents. The best way to do that is to visit and spend time regularly. These ideas form the basis of what is outlined in a custody agreement.

When considering whether to allow a move, a judge will review whether any vindictive reasons are involved in the decision to move or if it is for a good opportunity, the effect of the move on the child and all of their current relationships, and how the needs of the child are being met or would be better met by moving. Child possession laws are created to keep the welfare of the child at the top of the list. If a court agrees to allow a parent to move to a location outside of the area described in the custody agreement, then all costs associated with the move are the responsibility of the parent doing the moving, unless a judge rules otherwise.

If a child is moved in violation of the geographical restrictions placed in the custody agreement, then that parent could be found in contempt of court and subject to a number of punishments. The other parent can request assistance through legal channels to return the child to the correct area and the custody agreement could be revisited for changes.

A non-custodial parent has the right to oppose any move out of the specified area in the custody agreement and should take immediate action if they believe a move is being planned without the proper arrangements. A family law attorney will know the specifics of the child possession laws needed to protect their interests and avoid pitfalls.

If you are interested in learning more about child possession laws in the Houston or Dallas area, click here!