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Posted by on in Divorce

When deciding to consult a divorce attorney, many still have emotions running high. Your consultation with an attorney will be limited in time (generally 30 minutes- 1 hour). With that in mind, you will need to try to narrow the issues to discuss at this meeting to get the most information about the divorce process, the possible solutions, and the spectrum of strategies available toward a resolution.

Documents

  • If you have been served or otherwise delivered papers from your ex, bring all papers with you
  • Timeline of events in your relationship
  • Prior or current orders involving children of this marriage or previous relationships
  • Pre or Post Marital Agreements
  • Income documentation for you (and your spouse, if possible): tax returns, pay stubs, etc.
  • Assets overview (balances for bank accounts, retirement accounts, pensions, investments, etc.)
  • Information regarding land and homes you own (mortgage amounts, values, etc.)
  • Information on valuable items in your home (collectibles, etc.)
  • Notes about problems in your marriage (regarding both spouses)

Remember, your consultation with your attorney is generally confidential in nature. (See the forthcoming article on confidentiality and attorney-client privilege in family law). You need to be open with your attorney about issues that may come up in your divorce. Your attorney can only advise you based on information you provide to him or her, so be honest during your consultation.

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Posted by on in Family Law

Holidays are generally a time love and family; however, this time can be very stressful and difficult, especially with children living between two homes.

There are some things parents can do to ease this process and hopefully create more peace for the parents and the kids around the holidays.

First, determine whether or not you have orders in place that dictate the holiday possession schedule.

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What is the job of the Office of the Attorney General Child Support Division?

Attorneys with the office of the OAG can assist with establishing paternity, finding missing parents, establishing child support, and enforcing the collection of unpaid child support. Most important to remember is that the OAG attorney does not represent either parent or conservator of the child or children; this means the OAG does not represent the party who requests services. The OAG only represents the State of Texas. This means that cases with children on TANF (Temporary Assistance to Needy Families, CHIP, and Medicaid) will be prioritized.

Those parents or conservators using TANF or Medicaid for their children are required to apply for OAG child support services. This does not mean the OAG will take the case, will work on the case, and it still means that the OAG does not represent the parent or conservator.

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Posted by on in Divorce

In Texas, most people are aware that there is no legal separation that parties can enter into prior to the divorce proceeding. However, a court can issue temporary orders that address interim issues and put into place enforceable and legally binding rules of play between the parties during the divorce proceeding. There is a requirement that the divorce action needs to be filed and pending in order for the Court to enter any form of temporary orders.

Temporary Orders can be entered by the Court after a hearing in front of the Judge or by agreement of the parties. If a hearing is held on temporary orders, the hearing is generally very short in nature and only addresses issues of immediate concern. You will need to work with your local, experienced family law attorney to determine the best course of action in proceeding with temporary orders in your county. The family law attorneys at Hanshaw Kennedy Marquis, PLLC are familiar with the rules of practice and the time limitations imposed by Collin County, Denton County, and Dallas County courts for temporary orders hearings.

At a temporary orders hearing, a Judge can issue rulings regarding the use and possession of all items of property owned by the parties. This means that the Judge can allow one party to remain in the residence and require another party to leave the residence, or even the sale of the residence. The Judge will generally order that each party will have the exclusive use and possession of his or her own motor vehicle. Judges can also enter orders that a party pay temporary support to another party to a case. While there are strict regulations on spousal maintenance in Texas, it is much more common to have temporary support ordered between the parties during the pendency of a case.

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PRESS RELEASE (COLLIN COUNTY, TX) A business dispute ended (this week) when a Collin County judge sanctioned Altesse Healthcare Solutions, Inc., nearly $900,000 for defying a court order and basically looting a company it purchased and then gave back to the original owners.

Collin Kennedy of Hanshaw Kennedy, LLP said that this rare “death penalty sanction” from State District Judge Scott Becker effectively ended the lawsuit his clients filed against Altesse. Mr. Kennedy’s clients, Allen and Becky Wilson, sold their healthcare business to Altesse in June 2014 for $800,000 and agreed to seller-finance the deal. When the first payment was due, instead of paying the Wilsons, Altesse sued the Wilsons in federal court claiming the sale of the business was fraudulently induced. In December 2014, the Wilsons sued Altesse in state court and sought and received a Temporary Restraining requiring Altesse to turn back over control of the business to the Wilsons and to prevent Altesse from causing further damage to the business.

“Altesse blatantly disregarded the TRO and instead diverted the assets of the business to another entity it controlled,” said Mr. Kennedy, the lead counsel for the Wilsons. His co-counsel was David Wortham. “The Court said it simply could not turn a blind eye to the intentional disobedience of a court order due to the dangerous precedent it would set.”

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