Understanding Alternative Dispute Resolution (ADR) Part II
Posted by admin in Alternative Dispute Resolution (ADR), Arbitration, Divorce, Planning on May 18, 2012
by Houston Divorce Attorney Sam M. “Trey” Yates, III 
In last week’s blog post, I addressed common questions regarding Mediation in Alternative Dispute Resolution. This week I will discuss Arbitration.
What is Arbitration?
Arbitration is another ADR process available. Arbitration is a process similar to a trial where parties present their evidence and testimony. In arbitration, each party, by and through their attorney, present their position to an impartial person who ultimately renders a decision.
An arbitration is presided over by an independent third party who has no interest in the outcome of the dispute. This person is called the Arbiter or the Arbitrator. The Arbiter typically has specific expertise in the field in which the dispute has arisen. With an expert presiding over the dispute, the parties can benefit from the particular understanding and analysis of the facts an expert can provide.
When is Arbitration Binding?
Arbitration can be binding or non-binding and it can address all or a portion of the contested issues between the parties. Non-binding arbitration can be required by a court order, while binding arbitration is utilized only by an agreement between the parties.
If the parties stipulate in advance, the award or judgment of the arbiter is binding and is enforceable in the same manner as any contract obligation. If the parties do not stipulate in advance that the award is binding, the award is not binding and serves only as a basis for the parties’ further settlement negotiations. Binding arbitration takes away any control over the outcome from parties. Binding arbitration is not typically an ADR choice in family law cases for the reason that it puts the outcome completely in the hands of the arbitrator.
Arbitration and Family Law
Binding arbitration is not typically used in family law cases for the reason that it puts control of the issues into the hands of the arbitrator. However, as with all other areas of law, the right to arbitrate is nearly absolute. The most common use of arbitration in family law is in resolving drafting disputes or disputes involving the interpretation of a Mediated Settlement Agreement (MSA).
As in Mediation, you should have your attorney review the agreements to ensure that they are in your best interests before signing the MSA. Additionally, even if the parties are unable to reach an agreement on every issue, you should at least try to reach settlement in as many issues as possible and submit these to the Court in the form of a Mediated Settlement Agreement.
Sam M. “Trey” Yates, III is a Houston-based Board Certified Family Law Attorney and creator of The Guide to Good Divorce seminars for women. If you have questions about your Houston divorce, custody dispute, modification, or property division, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation.
Understanding Alternative Dispute Resolution (ADR)
Posted by admin in Alternative Dispute Resolution (ADR), Arbitration, Divorce, Mediation, Planning on May 11, 2012
by Houston Divorce Attorney Sam M. “Trey” Yates, III
What is ADR?
ADR is the commonly used acronym for Alternative Dispute Resolution. So, what is Alternative Dispute Resolution? Black’s Law Dictionary defines it as a procedure for settling a dispute by means other than litigation, such as arbitration, mediation, or mini-trial. In the context of family law, an ADR process may involve a facilitator and two or more participants, depending on the complexity of the case and number of players. Mediation and Arbitration are the two most common forms of Alternative Dispute Resolution available. Today’s blog article will address common questions regarding mediation, and next week’s will discuss arbitration.
What is Mediation?
Mediation is a formal settlement session in which a neutral person trained in dispute resolution meets with the parties and gets them to talk about the case and their differences. Mediation is much like any other negotiation in that the parties are able to actively participate in a discussion to tailor the outcome that suits their particular needs. Mediation is a non-adversarial approach to conflict resolution, where the parties generally communicate directly. In mediation, a third person assists the parties with identifying options for settling disputes regarding child support, custody, visitation, spousal maintenance and support, division of property and assets, and division of debts and liabilities.
When is Mediation Required?
It is the policy of the State of Texas to encourage the peaceable resolution of disputes, with special consideration given to disputes involving the parent-child relationship, including the mediation of issues involving conservatorship, possession, and support of children, and the early settlement of pending litigation through voluntary settlement procedures.
Many family law courts have adopted a mandatory mediation requirement in an attempt to resolve issues in dispute without the expense of a trial. Additionally, some courts require the parties to attend mediation prior to a hearing on temporary orders. The general exceptions to this are if there has been domestic abuse, or if an attorney files a motion and schedules a hearing to convince the judge that this particular case is not appropriate for mediation.
What Are the Benefits of Mediation?
Privacy, lower cost, and a quicker resolution are the hallmarks of mediation. Confidentiality is central to the process in order to allow the parties to communicate fully and openly without fear of compromising the position of their case in Court. Any communication relating to the subject matter of a dispute which is made by a participant during mediation is confidential and is not subject to disclosure. Further, the Texas Family Mediation Statute provides that all information and documents exchanged in mediation are confidential, except for those that would otherwise be independently discoverable outside of the mediation process. In other words, communications made during mediation may not be used as evidence against the participants in any judicial proceeding.
Additionally, mediation can assist the parties in resolving their issues much faster and less expensively than litigating disputes in the courtroom. Mediation allows the parties to direct the resolution of their issues in more personal and meaningful ways. Further, by negotiating the issues themselves the parties thereby maintain control over the outcome rather than placing the issue in the hands of a judge.
What is the Role of the Mediator?
The role of the mediator is to facilitate communication between the parties, assist them in focusing on the real issues of the dispute, and generate options for settlement. A mediator’s role is to remain neutral. The mediator cannot make any decisions for the parties nor can they impose their own judgment on them.
A mediator will bring the parties together and allow them to communicate regarding their particular issues. It is the mediator’s duty to facilitate respectful communication between the parties and assist in overcoming any obstacles to communication. Additionally, mediators are able to advise the parties about the tendencies of the judge in a particular court, and how the judge has been known to rule on a particular issue that the parties are facing. Texas statute provides for specific education and training requirements before a person is qualified to mediate a dispute. In Harris County, court appointed family law mediators are required to undergo additional training.
What is the Role of My Attorney in Mediation?
Although the mediator is a neutral party and mediation is a non-adversarial proceeding, each party should have their family law attorney by their side throughout the entire mediation. Furthermore, if any agreements are made during the mediation, the parties should have their respective attorneys review the agreement prior to signing.
What is the Outcome of Mediation?
Once the parties reach a settlement on some or all of the issues they should execute a binding written agreement. Once signed by the parties the written agreement is enforceable as a written contract. This document is often called a Mediated Settlement Agreement (MSA). Since a mediator cannot give legal advice, you should have your attorney review the agreements to ensure that they are in your best interests before signing the MSA. Additionally, even if the parties are unable to reach an agreement on every issue, you should at least try to reach settlement in as many issues as possible and submit these to the Court in the form of a Mediated Settlement Agreement.
Sam M. “Trey” Yates, III is a Houston-based Board Certified Family Law Attorney and creator of The Guide to Good Divorceseminars for women. If you have questions about your Houston divorce, custody dispute, modification, or property division, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation.
Marital Property Agreements
Posted by admin in Community Property, Divorce, Planning, Premarital and Marital Property Agreements, Property Division, Separate Property on May 7, 2012
by Houston Divorce Attorney Sam M. “Trey” Yates, III
Last week, we discussed Community Property vs. Separate Property as defined by the State of Texas. One of the main reasons a married couple would want to clearly define whether an asset is community or separate property is to protect it from the claims of possible creditors. Another reason a couple might want to characterize marital property is to determine how it will be divided upon divorce or death.
In a divorce, the court will order a “just and right” division of the couple’s community property. This means that a party is not automatically entitled to an even split of the community estate nor is a court ever allowed to award one spouse’s separate property to the other spouse. The judge must award the separate property to the spouse who owns it, which means that a party must prove something is separate property to place it out of the judge’s reach in a divorce case.
When a married person dies, 50 percent of the community property is owned by the surviving spouse, which means the will of the deceased person conveys only the 50 percent he or she owned. On the other hand, the will conveys 100 percent of the separate property owned by the deceased because the surviving spouse does not have any ownership in those items.
Marital property agreements include premarital agreements, post-marital agreements, partition or exchange agreements, and co-habitation agreements.
Marital Property Agreements
Marital property agreements provide a way for married couples in Texas to bypass the rules of characterization. The primary purpose of a marital property agreement is to define what will be community and what will be separate property during the marriage.
The agreement can provide that income from separate property will remain separate property. The agreement can govern the disposition of property on separation, divorce, or death. Furthermore, the agreement can waive any homestead allowance, personal property set aside, and family allowance to which a spouse may be entitled.
Texas courts have taken the position in recent years that they will uphold the enforcement of marital property agreements and there are very few exceptions where a party can avoid the effects of a premarital agreement. Specifically, the parties to a marital property agreement may contract with respect to the rights and obligations of each party and any property of either or both of them whenever or wherever acquired or located; the right to buy, sell, use, or otherwise manage and control property; the disposition of property on separation, marriage, death; the modification or elimination of spousal support; the making of a Will, Trust, or other arrangement to carry out the agreement; and including almost any other matter.
Pre-Marital Agreement
A premarital agreement is a written agreement made between prospective spouses in contemplation of marriage to be effective on marriage. A premarital agreement is a contract executed by a couple prior to their marriage that address the rights and obligations of the parties in property they own, property they will acquire in the future, and the disposition of property on death or divorce.
Post-Marital Agreement
Post-marital agreements allow spouses to accomplish many of the same goals as premarital agreements, but are executed during the marriage. A post-marital agreement is a written agreement made between spouses. It allows a married couple to create rules to govern their property that are different than the rules in the Texas Family Code and the Texas Constitution. These sorts of agreements are sometimes used by spouses to partition and exchange community property into separate property or, conversely, separate property into community property. Spouses can also settle property issues through a post-nuptial agreement instead of a separation agreement.
A valid premarital or post-marital agreement can contractually eliminate the creation of community property by legally partitioning property to each spouse as it is acquired thereby eliminating disputes over division of assets in the event of a divorce.
In addition to issues relating to potential divorce, parties can include provisions for support of a spouse and confirmation of last wills and testaments of spouses in premarital or post marital agreements.
Additionally, a marital property agreement can help spouses and their family members avoid controversy by clearly establishing the character of property in advance as well as delineating each spouse’s priorities before they become issues. These types of agreements can preserve pre-marriage residences and other property, set aside future income as separate property, provide for spousal support, eliminate alimony and avoid other financial claims, and allocate the obligation to satisfy certain debts, including tax liabilities.
Partition or Exchange Agreements
Another agreement frequently entered into between spouses is an agreement to partition or exchange community property. One article of community property may be partitioned by written agreement so that each spouse owns a fraction of that property as his or her own separate property.
A partition does not have to be into equal shares. Further, spouses may exchange their community property interests in different assets in order to make one of the assets the separate property of one spouse and another asset the separate property of the other spouse. If real property is involved in either of these types of agreements, the ownership status must be recorded in the deed records in the county in which the property is located.
Cohabitation Agreement
The Texas Family Code does not provide for non-marital cohabitation agreements. Nonetheless, like most marital property agreements, a non-marital conjugal cohabitation agreement is governed by contract law, and is not enforceable unless the agreement is in writing and signed by the person to be charged with the agreement. In some instances, it may make sense for persons who are cohabitating to enter into such an agreement.
Conclusion
Many times prospective spouses have substantial assets, children from other marriages, partnership or business agreements, or other reasons why they believe it is important, before marriage, to enter into a marital property agreement defining the respective rights and obligations of each party. In many circumstances, these agreements help preserve and protect the parties’ estates, reduce future litigation and expense, and can be beneficial for both parties.
All marital property agreements, whether pre or post marriage, have significant legal impact and should be reviewed carefully by an attorney. Martial property agreements require complete disclosure of information and have rigid statutory requirements to ensure that the parties fully understand the legal effect of signing the agreement.
At the Law Office of Sam M. (Trey) Yates, III, P.C., we assist clients through the creation of marital property agreements. Each property agreement is unique and must be tailored to meet the requirements and circumstances of the particular individual. This includes their economic status, their goals and whether they are bringing children from a prior relationship into the new marriage.
Sam M. “Trey” Yates, III is a Houston-based Board Certified Family Law Attorney and creator of The Guide to Good Divorce seminars for women. If you have questions about your Houston divorce, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation.
Community Property vs. Separate Property
Posted by admin in Community Property, Divorce, Financial Planning, Premarital and Marital Property Agreements, Property Division, Separate Property on April 30, 2012
by Houston Divorce Attorney Sam M. “Trey” Yates, III
The Texas Marital Property System governs ownership, management, liability, and disposition of all property possessed before, during and upon dissolution of marriage. There are two major categories of marital property in the State of Texas: Community Property and Separate Property.
Separate property consists of property owned or claimed by a spouse before marriage; property acquired by a spouse during marriage by gift, devise, or descent; and, recovery for personal injuries sustained by a spouse during marriage, except any recovery for loss of earning capacity during marriage.
Community property consists of the property, other than separate property, acquired by either spouse during marriage. This is true regardless of which spouse has possession of the property. The fact that one spouse is named on the title, deed, or account, or that one spouse receives the asset as payment for personal services (e.g. salary), or the asset will not be paid until a later date (e.g. retirement benefits), will not change the character of the property.
Presumption of Community Property
In Texas, there is a legal presumption that property possessed by either spouse during or on dissolution of marriage is presumed to be community property. This legal presumption can only be overcome by “clear and convincing evidence” that the property in question is indeed separate property. The most common way of proving separate property is by tracing the asset from the date of acquisition to the present date.
Because of the presumption that property on hand at death or divorce is community property, many people with substantial assets enter into premarital property agreements to clarify the nature of their assets or to change the rules applicable to division of their property.
Right to Reimbursement
The increase in value of a spouse’s separate property during marriage is generally considered separate property. However, a spouse may have a claim for reimbursement when the community estate in some way improves the separate estate of one of the spouses, or vice versa. The right of reimbursement is not an interest in property or an enforceable debt; rather, it is an equitable right that arises upon dissolution of the marriage through death, divorce, or annulment.
Clearly Defined Assets
It is highly advisable for married couples to clearly define whether an asset is community or separate property not only to protect it from the claims of possible creditors, but also to determine how it will be divided upon divorce or death. This is best achieved through the use of Pre-Marital and Marital Property Agreements, which will be discussed in detail in my next blog post.
Sam M. “Trey” Yates, III is a Houston-based Board Certified Family Law Attorney and creator of The Guide to Good Divorce seminars for women. If you have questions about your Houston divorce, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation.
Choosing the Best Divorce Attorney to Suit Your Needs
by Houston Divorce Attorney Sam M. “Trey” Yates, III
If you are preparing to get a divorce, or just considering it, it is a good idea to begin by finding the right attorney for you. Divorce is a big step. It is an intense emotional and psychological experience, but it is also a legal process and in fact, it is a lawsuit. You need to arm yourself with knowledge in order to make the most informed decisions. The settlement you secure is likely to impact your life for many years to come.
Set out to carefully select an attorney who has the right skills, knowledge, experience and personal qualities that fit your case and your philosophy. By carefully selecting someone you can trust and someone who will protect your legal interests, you will be better prepared to focus on yourself and your family during this difficult time.
Skills and knowledge
In the state of Texas, an excellent way to separate the “wheat from the chaff” when looking for a qualified divorce attorney, is to look for one who is certified by the Texas Board of Legal Specialization in family law and divorce. Of the more than 70,000 attorneys licensed to practice in Texas, only 7,000 have earned the right to be publicly recognized as board certified specialists in one of 21 select areas of law. Board certified attorneys must pass rigorous testing, have significant trial experience and take about twice as much continuing education as non-board certified family law attorneys.
Each state is unique in its laws, so it is vital your attorney stays up-to-date on legislative changes that could affect your case. Plan to interview several attorneys before deciding on one.
Experience
Ideally, you want an attorney who is good in court and out. Do not assume yours has extensive courtroom experience. Ask. If you do need to go to court, it is very important that your lawyer is familiar with the system and its complexities, as well as how specific judges like to work. It is also a good idea to explore whether an attorney is flexible in his or her approach to the divorce process. Your case may be best suited for mediation rather than the court room, so make sure he or she has experience and certification in mediation practices.
Style, personality and philosophy
It is also important to find a divorce lawyer who is on the same page as you when it comes to how your divorce is managed. When interviewing attorneys, consider your case and the various aspects of your divorce. Ask her how she typically handles cases like yours. If it sounds as though she would approach your case differently than you would like, ask if she would be willing to consider a different approach. Her response should speak volumes. Also choose a lawyer you like, because personal qualities count as well. Consider how you communicate with each other during the interview.
Finally, contact 2-3 attorneys who best fit your needs and set up consultations. Some attorneys will charge for this meeting, others won’t. Make sure you prepare a thorough list of questions for the consultation ahead of time, and try to limit your meeting to about an hour.
Sam M. “Trey” Yates, III is a Houston-based Board Certified Family Law Attorney and creator of The Guide to Good Divorce seminars for women. If you have questions about your Houston divorce, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation.
New York City Divorce Expo Aims to Put a Friendly Face on the Process
by Houston Divorce Attorney Sam M. “Trey” Yates, III
This two-day event, titled “Start Over Smart: A Modern Divorce Expo,” is scheduled to take place March 30 – April 1, 2012 and will draw industry professionals together to offer information and services to those going through a divorce.
Those manning the booths and speaking on panels will include financial planners and attorneys, matchmakers, dating coaches and celebrity hair stylist Sally Hershberger. The expo was featured on the The Today Show on March 30, 2012.
Event organizers are Nicole Baras Feuer, a divorce mediator and divorcee, and her mother Francine, who is also a mediator. They got the idea for the expo after attending one in Paris a couple of years ago. Similar events have taken place in cities throughout Europe, one was held in Michigan last weekend, and a divorce and renewal spa boot camp for women will be taking place in Connecticut next month.
Clearly, there is a need for educational seminars encouraging those who are going through divorce to see the process with different eyes. That is why I created The Guide to Good Divorce program, which is designed to empower women to successfully navigate through the divorce process towards a fuller, healthier and happier life.
Regardless of where women may be in the process of divorce, The Guide to Good Divorce seminar is a great place to gain information, guidance and support. I invite you to sign up for our next seminar on Saturday, March 31, from 8:30 a.m. to 2 p.m. at the Houstonian Hotel, Spa & Club to learn some new life skills, share your experiences and receive valuable legal and financial information and guidance. We are also planning an expanded program for a full-day Boot Camp Retreat on May 19, 2012. Please visit The Guide to Good Divorce website for more details.
Sam M. “Trey” Yates, III is a Houston-based Board Certified Family Law Attorney and creator of The Guide to Good Divorce seminars for women. If you have questions about your Houston divorce, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation.
Busting Divorce Myths on Great Day Houston
Posted by admin in Divorce, Financial Planning, Guide to Good Divorce, Planning on March 23, 2012
On Friday, March 23, I appeared on Great Day Houston along with Certified Divorce Financial Planner Patricia Barrett and Executive Coach Debra Bruce. The topic of discussion was the myths surrounding divorce. Watch the video below:
Regardless of where women may be in the process of divorce, The Guide to Good Divorce seminar is a great place to gain information, guidance and support. I invite you to sign up for our next seminar on Saturday, March 31, from 8:30 a.m. to 2 p.m. at the Houstonian Hotel, Spa & Club to learn some new life skills, share your experiences and receive valuable legal and financial information and guidance. We are also extending a 20% discount on tickets for our March 31 seminar for anyone who chooses the Great Day Houston ticket option on our registration page on EventBrite. Please visit The Guide to Good Divorce website for more details.
Sam M. “Trey” Yates, III is a Houston-based Board Certified Family Law Attorney and creator of The Guide to Good Divorce seminars for women. If you have questions about your Houston divorce, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation.
Why Choose a Board Certified Family Law Attorney?
Posted by admin in Uncategorized on March 16, 2012
Within the Texas Legal Community, Board Certification means an attorney has substantial, relevant experience in a select field of law as well as demonstrated, and tested, special competence in that area of law. There are more than 70,000 attorneys licensed to practice in Texas. Only 7,000 are Board Certified. Of that number, less than 740 attorneys are Board Certified in the area of family law. Board Certified lawyers earn the right to publicly represent themselves as a specialist in a select area of the law. In fact, they are the only attorneys allowed by the State Bar of Texas to do so. This designation sets them apart as being an attorney with the highest, public commitment to excellence in their area of law. The process is voluntary and can only take place after an attorney has demonstrated his or her experience and involvement in cases such as divorce, child custody, complex property division or other areas of matrimonial law. To become Board Certified in Family Law, an attorney must have:
- Been licensed to practice law for a minimum of five years;
- Devoted a majority of their practice to issues involving family law for at least three years;
- Attended a significant number of family law continuing legal education seminars to keep current on the even changing law in the area of family law;
- Been evaluated and recommended by their family law peers and the family law judiciary;
- Passed a day long written examination.
Moreover, Board Certification is not a one-time event. It requires an ongoing involvement in the attorney’s specialty area which is periodically substantiated with referenced from peers in that field. It also requires annual legal education for the attorney to stay abreast of current trends in the law. An attorney, even a Board Certified one, cannot guarantee a client a specific outcome with litigating their particular family law matter. However, your chances of success are increased when you retain a Board Certified Family Law specialist with the specialized knowledge and with the court room experience necessary to advocate your position.
Sam M. “Trey” Yates, III is a Houston-based Board Certified Family Law Attorney and creator of The Guide to Good Divorce seminars for women. If you have questions about your Houston divorce, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation.
The Guide to Good Divorce Can Help You Transition Successfully To Your Next Best Life
Posted by admin in Divorce, Guide to Good Divorce, Planning on March 12, 2012
by Houston Divorce Attorney Sam M. “Trey” Yates, III
Since 1986, I have had the professional and personal pleasure of working with many women as they face one of life’s greatest challenges – divorce.
At a time when many feel they have lost control over almost every aspect of their lives, financially, emotionally and spiritually, they are thrust into an unfamiliar legal maze and are called upon to make important, irreversible life changing decisions. The sense of security they once knew has been yanked out from underneath their feet as they face an overwhelmingly lonely journey ahead.
Over the years, I’ve observed that some women going through the transition known as divorce fare better than others. Those who see divorce as a catalyst to propel them into their next best life often emerge from the personal challenge of divorce stronger, wiser and in more control of their destinies than ever before.
Based on what these women have demonstrated to me, and what I know about the divorce process, I have organized and led a number of educational seminars encouraging women to see the divorce process with different eyes. The focus of the seminars is to assist them in collectively finding the tools or keys for using divorce as a means to an end — a better life.
Recently, I have taken this educational format to the next level and started The Guide to Good Divorce program. The program is designed to empower women to successfully navigate through the divorce process towards a fuller, healthier and happier life.
As mentioned above, the program focuses on Five Keys which I believe can unlock the door to a woman’s next best life following divorce. At our seminars, attendees have access to experts on the law of divorce in Texas, divorce financial planning, life skills and physical and spiritual wellness. In addition, attendees get to meet and share with other women who are also facing the challenges of divorce and start to build new communities of support.
Regardless of where women may be in the process of divorce, The Guide to Good Divorce seminar is a great place to gain information, guidance and support. I invite you to sign up for our next seminar on Saturday, March 31, from 8:30 a.m. to 2 p.m. at the Houstonian Hotel, Spa & Club to learn some new life skills, share your experiences and receive valuable legal and financial information and guidance. We are also planning an expanded program for a full-day Boot Camp Retreat on May 19, 2012. Please visit The Guide to Good Divorce website for more details.
Sam M. “Trey” Yates, III is a Houston-based Board Certified Family Law Attorney and creator of The Guide to Good Divorce seminars for women. If you have questions about your Houston divorce, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation.
New Year, New Life: It May Be Time to Leave That Failed Relationship Behind
Posted by admin in Divorce, Guide to Good Divorce, Planning, Seminars, The Guide to Good Divorce on January 24, 2012
by Houston Divorce Attorney Sam M. “Trey” Yates, III
Now that the holidays are behind us, our annual family gatherings are not for another year. And as we reflect on what the New Year might bring, many unhappy couples, for better or worse, decide to start the process of getting out of their bad marriages.
In fact, January is traditionally recognized as “Divorce Month” in the family law industry.
The first part of the year is typically a very active time for Houston family law attorneys. Many individuals schedule consultations with divorce attorneys this time of year because they are highly motivated to start a new chapter in their lives and that means leaving failed relationships behind.
I always encourage clients considering divorce to take a breath, get their emotions in check and develop a plan of action before filing divorce papers.
Divorce is rarely easy. Yet navigating those waters can be much easier with knowledge and preparation.
I tell my clients that information is power, and the more one knows, the better informed he or she will be in making decisions about the many aspects of the divorce process and what lies ahead.
Since each situation is unique, I advise clients considering divorce to be sure to assemble a team of trusted and skilled advisers and supporters to assist with the process. This should include an experienced, board certified family law attorney as well as a financial planner and/or accountant, a close friend or relative you can trust, a licensed therapist and, if applicable, a life- or career-coach. Plan to invest your time and effort in the process as well. The decisions you make now will impact the rest of your life — so it is worth the effort!
Here are some tips on preparing for the divorce process:
- Get organized and assemble copies of statements on all bank accounts, 401(k)s, pension plans, stock portfolios, bonds, CDs, etc. as well as all credit cards, loans, debts, etc.
- Your attorney will need your income tax statements for the last three years.
- Make a list of all assets in yours and your spouse’s name, including details on all automobiles and large ticket items owned by yourself and your spouse.
- If you own real estate, gather documents or information you have on purchasing the property as well as its location, mortgage statements, taxes, insurance and current market value.
- Make a copy of your will and any applicable trust documents.
- Also make copies of automobile, home and life insurance policies and statements.
- Gather household expense statements – utilities (electric, gas, water, sewer and garbage pickup), security system, automobile payments, cable TV, Internet, insurance, lawn service, etc.
- Since Texas is a community property state, learn the definitions of “community” and “separate” property.
To assist women going through divorce, I have created a seminar series called The Guide to Good Divorce. The seminars bring together experts on divorce law in Texas, divorce financial planning, life skills and lifestyle. The seminar also addresses the transformative potential of divorce as a time of self-discovery and personal growth. This first seminar of 2012 is being offered free to the first 50 registrants and is scheduled for Saturday, February 11, 2012 at the Houstonian Hotel, Club & Spa. For more details visit http://www.guidetogooddivorce.com.
Sam M. “Trey” Yates, III is a Houston-based Board Certified Family Law Attorney and creator of The Guide to Good Divorce seminars for women. If you have questions about your Houston divorce, please contact The Law Office of Sam M. “Trey” Yates, III, P.C. for a consultation.
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