Thursday, March 26, 2015
Information Your Divorce Attorney Will Need
Courtesy of:
Cathy Meyer
Divorce Support Expert
A lot goes into choosing a divorce attorney. I always suggest three attorneys be interviewed before deciding which to hire. During the attorney interview process you can learn about the attorney’s experience, their fees and get a feel for whether or not you feel the two of you could have a good working relationship.
Once you’ve made your decision, the new attorney will need information from you in order to get the ball rolling and the divorce process started. Some information is basic, will require no work from you. Other information will require time and energy and it is always best to be prepared.
So, before you even start the interview process, why not get ahead of the game by gathering as much information as possible so that when it comes time to answer questions your new divorce attorney has, you will be prepared.
Below is a list of common information your divorce attorney will need. You will find this list helpful when compiling documents and materials your attorney will expect from you.
Personal Information:
1. Your full name, date of birth and social security number.
2. Contact information such as an address, landline/cell phone number and email address.
3. Proof of state residency.
4. Your employer’s name, address and phone number.
5. Your length of employment and your monthly or annual salary. You should be prepared to show your attorney at least three years in income tax returns.
6. Your spouse’s full name, date of birth and social security number.
7. Contact information for your spouse such as an address, landline/cell phone number and an email address.
8. Your spouse’s employer information, address and phone number.
9. Your spouse’s length of employment and salary.
10. If the attorney will be serving your spouse with divorce paperwork they will need to know where you want this to take place. At your spouse’s work or place of residence?
11. The date and place you were married.
12. The name of your spouse’s attorney if he/she has one.
13. The name of a marital therapist you and your spouse visited with times and dates.
14. A list of the marital problems that led to divorce if any involve alcohol or drug abuse, religious differences, infidelity, sexual incompatibility or, domestic abuse.
15. The full names, dates of birth and social security numbers of any children born during the marriage.
16. Which parent the children now resides with and whether or not a custody dispute will be part of the divorce process.
17. The full names, dates of birth and social security numbers of any children from a previous marriage.
18. If you pay child support, how much you pay. If you receive child support, how much you receive.
19. Whether or not your spouse has children from a previous marriage. If so, how much child support is paid or received.
20. Who provides health insurance for the children born of this marriage?
Property Information:
21. Addresses of property owned jointly or separately.
22. Addresses of any mortgage companies you have accounts with.
23. The estimated fair market value of homes owned.
24. The balance on any mortgages.
25. The amount of monthly payments to a mortgage company.
26. A list of all automobiles, boats, motor cycles, trailers or airplanes owned jointly or separately.
27. The year, make and model of each and who has possession.
28. The name and address of any lender who may hold the title to autos, boats, motor cycles, trailers or airplanes.
Financial Information:
29. A list of all joint and separate bank accounts, savings accounts, C.D.’s, Credit Union accounts, Savings Bonds and Stocks and Mutual Funds.
30. How many debit cards you have for each account and the names on those cards.
31. A list of any credit card accounts you hold jointly or separately. The names on the accounts and the balance due.
32. Information about retirement accounts, 401K’s and other investment type accounts.
33. Disclosure of any life insurance policies, whose life is insured and for how much.
34. A list of names of those who owe you money. How much they owe and the expected payment date.
35. A list of any lawsuits you may be involved in.
36. A list of any livestock, such as cattle or horses that you may own.
Tuesday, March 24, 2015
Wednesday, February 20, 2013
Pet Custody
Arrington vs Arrington 1981 (Texas)
613 S.W.2d 565
March 19, 1981
March 19, 1981
Court of Civil Appeals of Texas, Fort Worth.
A. C. ARRINGTON, Appellant,
v.
Ruby ARRINGTON, Appellee.
No. 18300.
March 19, 1981.
Clyde R. Parks, Dallas, for appellant.
Alfred J. Jackson, Jr., Fort Worth, for appellee.
HUGHES, Justice.
Albert C. Arrington has appealed the judgment which divorced him from his wife, Ruby D. Arrington, divided their property and made Mrs. Arrington managing conservator of Bonnie Lou, their dog.
. . .
Mr. and Mrs. Arrington were married on February 2, 1963. They each owned separate property and had grown children living away from home. When the parties got married Mrs. Arrington owned some mutual fund stocks; an automobile; certain household furniture, furnishings, fixtures, and appliances; some Southwest National Bank stock; her personal effects, clothes, jewelry, and personal belongings; a house located at 5436 Wales in Fort Worth, Texas; and some money deposited in the Southwest National Bank. She was employed by Wedgewood Enterprises.
Mr. Arrington owned one-half of a golf course and driving range lease located off University Drive and Jacksboro Highway in Fort Worth, Texas; about twelve inexpensive used cars; two chest-of-drawers; and a 12-unit apartment complex mortgaged to Tarrant Savings Association. He owed some debts and taxes.
Trial of the divorce suit commenced on April 17, 1979, and ended on April 20, 1979. On June 7, 1979, the judge orally rendered his decision in open court with both parties and their attorneys present. On June 2 and 4, 1979, motions for entry of judgment were filed by attorneys for both parties. On July 12, 1979, the trial judge granted Mrs. Arrington's motion and signed the judgment on July 16, 1979.
. . .
The property division of which Mr. Arrington complains gave him:
1. The Rockwood Par 3 Golf Course and Driving Range together with all furniture, fixtures, appliances, machines, improvements, equipment, personal property, accounts receivable, the lease contract thereon, and cash deposited in the Rockwood Par 3 Golf checking account at the Southwest National Bank, and all debts owed thereon.
2. The twelve (12) unit apartment house located at 619 Hemphill known as Lot 5, Block 6, Grainger Addition to the City of Fort Worth, Tarrant County, Texas, together with all furniture, fixtures, appliances, accounts receivable, and improvements thereupon situated.
3. Lots 6 and 7 of the Long Creek Subdivision of Hood County, Texas, together with the boat house, boat dock, retainer wall, rock work, building, furniture, fixtures, appliances, personal property, and improvements thereupon situated.
4. The 1963 Chevrolet station wagon; the 1966 Dodge automobile; the homemade trailer; the 1959 Ford pickup, the 1959 Fordston tractor; the two Sears, Roebuck & Company tractors; and the three grass mowers.
5. All of his rifles, shotguns, pistols, tools and repair kit; the 14-foot fiberglass boat with 50 h. p. Johnson motor; the 12-foot aluminum boat; his sporting and golf course equipment; his assortment of golf clubs, golf balls, and the golf carts.
6. The $1,000.00 deposited in his Keogh Retirement Plan; all cash deposited in his checking account at the Southwest National Bank; the Ronnie Ledford debt; the David Hull debt, and his coin collection held in trust at Continental National Bank.
7. All of his personal effects, clothes, jewelry, personal belongings, and cash deposited in his personal checking accounts; and his chest-of-drawers.
8. All his stock, securities, and investments with Rauscher Pierce Securities Corporation, and the $28,419.00 cash he drew out of his account at Rauscher Pierce Corporation while this divorce suit was pending.
9. All stock certificates and dividend checks registered in the name of Albert C. Arrington with Cullum Companies, Inc.; all of A. C. Arrington's investments with Rosenthal & Company; and all cash deposited in his checking accounts at Central Bank & Trust; and all other stock owned by him.
Mrs. Arrington was awarded:
1. The house and lot located at 5436 Wales known as Lot 2-R of a Revision of Lots 1 through 6 in Block 10 of Wedgwood Addition to the City of Fort Worth, Tarrant County, Texas, subject to the indebtedness owed thereon at American General Investment Corporation.
2. All household furniture, furnishings, fixtures, and appliances situated in the house and garage at 5436 Wales in Fort Worth, Texas.
3. All of her certificates of deposit with Southwest National Bank; the $200.00 deposited in Tarrant Savings Association; and all cash deposited in the A. C. Advertising Agency/Wedgwood Shopper News checking account at the Southwest National Bank; and all passbook savings accounts in her name.
4. The wrecked 1969 Cadillac automobile and the $1,100.00 insurance proceeds to be received thereon; and her 1974 Dodge Polara automobile.
5. Her $1,000.00 deposited in the Keogh Retirement Plan, her 785 shares of stock in Southwest National Bank; her $1,000.00 church bond which matures in 1981; and the business known as A. C. Advertising Agency and Wedgwood Shopping News, together with all assets, subscription lists, machines, accounts receivable, furniture, fixtures, equipment, and personal property associated therewith, and all debts owed thereby, including the printing machine debt owed to the Southwest National Bank.
6. Her 100 shares of Texas Utilities stock; 200 shares of Pulte Homes stock; 100 shares of Clorox stock; 200 shares of Dr. Pepper stock; 25 shares of Stafford-Lowden stock; 38 shares of Tenneco stock; 200 shares of John Deere stock; and all other stock registered in her name.
7. The six (6) unit apartment house located at 1105 Alston known as the South 55' of the North 115' of the West 90' of Lot 10, Block E, Fields Welch Addition to the City of Fort Worth, Tarrant County, Texas, together with all household furniture, fixtures, appliances, buildings, and improvements thereupon situated.
8. All cemetery lots in Greenwood Memorial Park.
9. Lot 21, Block 1, Mesa Grande Addition to Hood County, Texas, together with all improvements thereupon situated.
10. All of her personal effects, clothes, jewelry, personal belongings, and cash deposited in her personal checking accounts.
On February 24, 1964, the Arringtons jointly borrowed $9,375.00 from the Bank of Commerce by pledging some of her stock as collateral on the loan. They deposited the $7,000.00 or $7,500.00 received from this loan into a checking account and paid $2,403.50 to Bob Willoughby for his one-half undivided interest in the Rockwood Par 3 (a/k/a Rose Garden) Golf Course and Driving Range. The remaining balance of the borrowed money was used to pay off a tax lien against the property, to pay back taxes, and to make community improvements on the golf course and driving range.
The twelve used cars were sold during the marriage without the proceeds being traced. The community estate of the parties paid about $1,500.00 to Tarrant Savings Association on the 619 Hemphill Apartments. Those income tax returns which were introduced into evidence, Mr. Arrington's checks, and the testimony of Mr. Arrington show substantial community funds were expended, maintaining, repairing, and improving the Rockwood Par 3 Golf Course and the 619 Hemphill Street Apartments. Real estate appraiser John E. Lutz and Mrs. Arrington testified that the fair market value of the apartments was $30,000.00. Lutz also testified the Rockwood Par 3 Golf Course and Driving Range had a fair market value of $50,000.00 on April 5, 1979.
By the judgment the trial court decreed a division of the property. The parties do not complain as to any separate property divestiture (excepting two chests-of-drawers of Mr. Arrington's). Otherwise, Mr. Arrington's complaint concerns the division of the community property with undue consideration given the parties' respective separate property.
. . .
Bonnie Lou is a very fortunate little dog with two humans to shower upon her attentions and genuine love frequently not received by human children from their divorced parents. All too often children of broken homes are used by their parents to vent spite on each other or they use them as human ropes in a post divorce tug-of-war. In trying to hurt each other they often wreak immeasurable damage on the innocent pawns they profess to love. Dogs involved in divorce cases are luckier than children in divorce cases the do not have to be treated as humans. The office of "managing conservator" was created for the benefit of human children, not canine.
A dog, for all its admirable and unique qualities, is not a human being and is not treated in the law as such. A dog is personal property, ownership of which is recognized under the law. 3 Tex.Jur.3d 513 secs. 4 & 5, "Animals as Property" (1980). There was testimony that Bonnie Lou was given to Mrs. Arrington over ten years ago.
Mr. Arrington agreed to Mrs. Arrington's custody of the dog if he could have reasonable visitation. He does not complain of lack of visitation; only that he was not appointed managing conservator. We overrule point of error no. 7 with the hope that both Arringtons will continue to enjoy the companionship of Bonnie Lou for years to come within the guidelines set by the trial court. We are sure there is enough love in that little canine heart to "go around". Love is not a commodity that can be bought and sold or decreed. It should be shared and not argued about.
In his point of error no. 8, Mr. Arrington says that trial court erred in division of the community property because in its division the court considered the separate property of each party. He "feels" that "in trial the Supreme Court ... will extend its rationale in Eggemeyer to the point where the community property will have to be divided equally between the parties." Until the supreme court does rule that there must be an equal division of community property we will just have to follow the law as it now is. Eggemeyer v. Eggemeyer, 554 S.W.2d 137 (Tex.1977).
As we understand the present law, the trial court has the discretion to base its division of property in divorces on those facts in the case that point to what the court believes is just and right. Law v. Law, 517 S.W.2d 379 (Tex.Civ.App. Austin 1974, writ dism'd). Method of dividing property is within the wide discretion of the court after taking all relevant property interests into consideration. Gillis v. Gillis, 435 S.W.2d 171 (Tex.Civ.App. Fort Worth 1968, writ dism'd). We hold that Mr. Arrington has failed to show abuse of discretion in this case and that trial court had sufficient evidence to substantiate its division of the Arringtons' property, particularly since each party was awarded his or her own separate property.
We overrule point of error no. 8.
We affirm.
Tex.Civ.App., 1981.
Arrington v. Arrington
Direct link to case is : http://www.nabranimallaw.org/State/Arrington_vs_Arrington_1981_%28Texas%29/
Wednesday, March 2, 2011
Sunday, February 20, 2011
Thursday, February 17, 2011
Tuesday, February 15, 2011
Friday, February 11, 2011
Thursday, February 10, 2011
Good beginning checklist for property division to work with during divorce
This is a good checklist to use with your divorce attorney in the property division stage of your divorce.http://family.findlaw.com/divorce/divorce-forms/le22_c.html
Wednesday, February 9, 2011
Tuesday, February 8, 2011
Family Law in the 50 States | Section of Family Law
Very useful charts and informative to use during your divorce:
Family Law in the 50 States | Section of Family Law
Family Law in the 50 States | Section of Family Law
Monday, February 7, 2011
Sunday, February 6, 2011
RECAP: Preserving the Family-Business: The Collaborative Process Alternative
Collaberative law process is important and an alternative way to handle your divorce and protect your business:
RECAP: Preserving the Family-Business: The Collaborative Process Alternative
RECAP: Preserving the Family-Business: The Collaborative Process Alternative
Friday, February 4, 2011
Thursday, February 3, 2011
Wednesday, February 2, 2011
Women and Excellent Guidelines if going through a Divorce -
Excellent article for women to read for guidance in a divorce:
http://www.forbes.com/2009/06/03/divorce-marriage-money-forbes-woman-net-worth-affairs.html#
http://www.forbes.com/2009/06/03/divorce-marriage-money-forbes-woman-net-worth-affairs.html#
Monday, January 31, 2011
Excellent article for divorce and your finances: (1st of a 3 part series by Matthew Scott)
Heading for a Divorce? First, Get Your Finances in Order
By MATTHEW SCOTT
Divorce and your finances
Getting a divorce can be traumatic. It's an ordeal that can take a financial and emotional toll on everyone involved. Even when the intent is to have a "friendly," nonconfrontational divorce, both parties must make sure they're doing everything possible to protect their financial futures. But quite often, people in the midst of a divorce don't know which financial decisions will serve their long-term interests best.
The website divorcerate.org, which monitors statistics on divorce from a number of organizations and foundations, estimates anywhere from 40% to 50% of all marriages in the U.S. end in divorce. Second and third marriages have an even worse track record -- with more than 60% of those unions ending in separation.
Unraveling a marriage's once-intertwined lives and finances can become a real challenge -- especially if both parties plan to meet their current financial obligations and future goals. To help with that process, a new type of financial adviser is gaining popularity: the certified divorce financial analyst, who specializes in helping clients make educated decisions during times of transition such as divorce, retirement or the death of a spouse.
Most CDFAs are already certified financial planners or financial advisers -- who then obtain additional certification to specialize in divorce cases. Hiring a CDFA could make a major difference in the type of divorce settlement you reach, but experts suggest that a CDFA is most appropriate for couples with a net worth of at least $250,000.
Fees for CDFA services vary. The vast majority of CDFAs charge an hourly rate, but some charge a fixed fee to handle a divorce, so you'll have to shop around. There are also CDFAs that will handle your situation for free -- but the catch is they'll want you to purchase financial products from them, such as insurance, or they'll want to become your financial adviser. Be sure to select a CDFA based on his or her ability to safeguard your interests -- not based on the cost.
Carole Peck, a licensed CDFA in Florida and Illinois, says interest in her specialty is growing. That's because it's difficult for many people to navigate through financial issues while they struggle with the emotional aspects of their lives during and after a divorce. Many breakups are also quite complex. Rarely do they involve just splitting assets down the middle, perhaps also including legal, tax and retirement issues that require more than just a divorce lawyer.
"An attorney's objective is to give legal advice, not tax advice or financial advice," says Noah Rosenfarb, a licensed CDFA and managing director of Freedom Divorce Advisors in New Jersey. "Often, an attorney will say 'this is the best deal that I can get you,' but that may not be the best deal for living your life after the divorce."
Rosenfarb, whose practice only handles high net worth clients, points out that there are four different ways to go about getting a divorce, and not all of them involve a lawyer. But the approach taken could have significant financial ramifications:
Litigation: Going through the adversarial court system. This process can be long, drawn-out, public and painful.
Mediation: Both parties actively work together for a solution that works for them. This doesn't guarantee a fair solution, just one that both parties agree on. It can also put the party with less information at a disadvantage.
Collaboration: Both parties agree to have their attorneys and a team of people, including a financial professional, work together to find a solution without going to court.
Arbitration: Both parties agree to allow their case to be decided by someone who acts like a judge -- mainly because they want to keep their financial issues out of a courtroom.
"Figure out which path you want to go down, and get educated about the pros and cons," says Rosenfarb.
The Five-Point Checklist
Once divorcing spouses decide on the approach they plan to take, Peck says they should review five financial areas before entering into negotiations. She says going through this checklist before divorce proceedings can help both men and women understand their advantages. It can also help them determine any financial needs their divorce settlement must meet. This information, she says, could be critical in helping you negotiate a settlement you can more easily live with. "At least, get a clear picture before you get into negotiations," Peck advises.
1. Check Your Credit Report: This will alert you to any outstanding credit, liabilities or other debts that may be in your name -- but that you may not have been aware of. Peck says you want to verify the accuracy of all accounts and determine if any lines of credit have been opened in your name without your approval. Your spouse may have created debts that you are legally liable for, even though you weren't responsible for paying those debts during the marriage.
"In a worse-case scenario, I've known two people who have actually had second families concurrent with the first family. So, there were lots of credit card accounts that the first spouse didn't even know about," Peck says.
Checking your credit report before the divorce will also let you know if your spouse has affected your personal credit profile. Joint accounts may show up on your credit report and may damage your credit. Responsibility for joint accounts must be established and resolved as part of the divorce settlement.
Peck says some couples may need to maintain joint accounts for some time after the divorce, because one spouse may be unable to maintain credit cards or bank accounts alone and to eliminate them would cause an unacceptable hardship -- especially if minor children are involved.
Rosenfarb says it's always a good idea for all individuals to establish at least one personal credit card -- and if you know a divorce is possible (or imminent), establish an account as soon as possible. He also recommends married couples with joint credit card accounts make sure to reduce their credit limits to small, manageable amounts. If you already have high limits on your joint credit cards, call the card company and lower them now. "That way, you don't have the opportunity for one spouse to go out on a shopping spree," he says.
See full article from DailyFinance: http://srph.it/hvOaSt
By MATTHEW SCOTT
Divorce and your finances
Getting a divorce can be traumatic. It's an ordeal that can take a financial and emotional toll on everyone involved. Even when the intent is to have a "friendly," nonconfrontational divorce, both parties must make sure they're doing everything possible to protect their financial futures. But quite often, people in the midst of a divorce don't know which financial decisions will serve their long-term interests best.
The website divorcerate.org, which monitors statistics on divorce from a number of organizations and foundations, estimates anywhere from 40% to 50% of all marriages in the U.S. end in divorce. Second and third marriages have an even worse track record -- with more than 60% of those unions ending in separation.
Unraveling a marriage's once-intertwined lives and finances can become a real challenge -- especially if both parties plan to meet their current financial obligations and future goals. To help with that process, a new type of financial adviser is gaining popularity: the certified divorce financial analyst, who specializes in helping clients make educated decisions during times of transition such as divorce, retirement or the death of a spouse.
Most CDFAs are already certified financial planners or financial advisers -- who then obtain additional certification to specialize in divorce cases. Hiring a CDFA could make a major difference in the type of divorce settlement you reach, but experts suggest that a CDFA is most appropriate for couples with a net worth of at least $250,000.
Fees for CDFA services vary. The vast majority of CDFAs charge an hourly rate, but some charge a fixed fee to handle a divorce, so you'll have to shop around. There are also CDFAs that will handle your situation for free -- but the catch is they'll want you to purchase financial products from them, such as insurance, or they'll want to become your financial adviser. Be sure to select a CDFA based on his or her ability to safeguard your interests -- not based on the cost.
Carole Peck, a licensed CDFA in Florida and Illinois, says interest in her specialty is growing. That's because it's difficult for many people to navigate through financial issues while they struggle with the emotional aspects of their lives during and after a divorce. Many breakups are also quite complex. Rarely do they involve just splitting assets down the middle, perhaps also including legal, tax and retirement issues that require more than just a divorce lawyer.
"An attorney's objective is to give legal advice, not tax advice or financial advice," says Noah Rosenfarb, a licensed CDFA and managing director of Freedom Divorce Advisors in New Jersey. "Often, an attorney will say 'this is the best deal that I can get you,' but that may not be the best deal for living your life after the divorce."
Rosenfarb, whose practice only handles high net worth clients, points out that there are four different ways to go about getting a divorce, and not all of them involve a lawyer. But the approach taken could have significant financial ramifications:
Litigation: Going through the adversarial court system. This process can be long, drawn-out, public and painful.
Mediation: Both parties actively work together for a solution that works for them. This doesn't guarantee a fair solution, just one that both parties agree on. It can also put the party with less information at a disadvantage.
Collaboration: Both parties agree to have their attorneys and a team of people, including a financial professional, work together to find a solution without going to court.
Arbitration: Both parties agree to allow their case to be decided by someone who acts like a judge -- mainly because they want to keep their financial issues out of a courtroom.
"Figure out which path you want to go down, and get educated about the pros and cons," says Rosenfarb.
The Five-Point Checklist
Once divorcing spouses decide on the approach they plan to take, Peck says they should review five financial areas before entering into negotiations. She says going through this checklist before divorce proceedings can help both men and women understand their advantages. It can also help them determine any financial needs their divorce settlement must meet. This information, she says, could be critical in helping you negotiate a settlement you can more easily live with. "At least, get a clear picture before you get into negotiations," Peck advises.
1. Check Your Credit Report: This will alert you to any outstanding credit, liabilities or other debts that may be in your name -- but that you may not have been aware of. Peck says you want to verify the accuracy of all accounts and determine if any lines of credit have been opened in your name without your approval. Your spouse may have created debts that you are legally liable for, even though you weren't responsible for paying those debts during the marriage.
"In a worse-case scenario, I've known two people who have actually had second families concurrent with the first family. So, there were lots of credit card accounts that the first spouse didn't even know about," Peck says.
Checking your credit report before the divorce will also let you know if your spouse has affected your personal credit profile. Joint accounts may show up on your credit report and may damage your credit. Responsibility for joint accounts must be established and resolved as part of the divorce settlement.
Peck says some couples may need to maintain joint accounts for some time after the divorce, because one spouse may be unable to maintain credit cards or bank accounts alone and to eliminate them would cause an unacceptable hardship -- especially if minor children are involved.
Rosenfarb says it's always a good idea for all individuals to establish at least one personal credit card -- and if you know a divorce is possible (or imminent), establish an account as soon as possible. He also recommends married couples with joint credit card accounts make sure to reduce their credit limits to small, manageable amounts. If you already have high limits on your joint credit cards, call the card company and lower them now. "That way, you don't have the opportunity for one spouse to go out on a shopping spree," he says.
See full article from DailyFinance: http://srph.it/hvOaSt
Sunday, January 30, 2011
"Ladies: How to Divorce-Proof Your Business" | Ali Brown
Very interesting and important information:
"Ladies: How to Divorce-Proof Your Business" | Ali Brown
"Ladies: How to Divorce-Proof Your Business" | Ali Brown
Thursday, January 27, 2011
01/27/11 Legislative Action Update
The first six bills of the legislative package of the Family Law Section of the State Bar have been filed:
01/27/11 Legislative Action Update
01/27/11 Legislative Action Update
How to break up in an online world—and avoid e-stalkers
A very interesting and informative article in this day and time for consideration in a divorce:
How to break up in an online world—and avoid e-stalkers
How to break up in an online world—and avoid e-stalkers
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