Collaborative Divorce – What Is It?

Divisions of Property in Divorce Divorce and Dividing Property At some point after realizing the likelihood of success of your marriage lasting and the steps necessary for a divorce to occur, you start thinking about where everyone will live and how everything will be split up. Whether it’s a separation and then a divorce or filing for divorce while living together, the concerns remain the same. The steps to protect yourself and your property remain the same. Although an experienced attorney helps in planning any type of property split, by better understanding the rights you have and challenges you face will help you protect what’s important to you. Community versus Separate Property Texas, like 8 other states, follows laws which establish community property during the marriage. There is also a presumption that everything you own is community property. This does mean each partner in the marriage maintains an equal right to the property without guaranteeing they will gain 50% of the property after the split. Courts divide up property by a “just and right” division. So, before you separate make sure you take steps to gather information regarding what property and debts each of you own currently. Community property is made up of: Income earned during the marriage, whether from your employment or other means; Property purchased during the marriage using that income; and Property you agreed to in writing being community property. This does not include all debts or loans created during the marriage. Separate property is made up of: Money or property inherited; Any gift; Money and property owned prior to marriage; A portion of personal injury settlements and awards; and Property included in a pre-nuptial or post-nuptial (marital) agreement. How To Divide Up Property? Divorce in Texas, whether it’s Collin County, Denton County, Rockwall County, or any other county in Texas, maintains 2 ways for a division to occur. You divide property either by agreement or a court determining what property each spouse will take with them after the divorce. Agreements may be reached through the collaborative divorce process, mediation settlements agreements achieved through mediation, or informal settlement agreements achieved through settlements between you and your spouse. These agreements may simplify the process and can include partial or full divisions of property. Most lawyers and judges agree that agreements not only streamline the process and simplify the issues, but avoid the costly process of trial and litigation. You can help resolve disputes and make the division in property less stressful by doing the following: Full Disclosure: Provide a full disclosure of your property and debts. This helps build trust and makes it easier for each side to reach resolution; Track Down Documents: Make sure you gather all your statements, money transfers, records of improvements to your home, and any other documents not only over the past few years but going back throughout your marriage. This helps in tracing property you believe is your separate property; Consider Settlements: Do not outright reject settlements and take time to consider mediation, if necessary. Having an objective 3rd party assist you in reaching resolution often times helps you achieve your goals; Seek Assistance: Attorneys not only help you prepare for court but understand the law and procedures related to a divorce. An experienced attorney helps you understand Texas property laws and how to protect your interests while achieving your goals. If agreements cannot be reached, each party will attend trial, present evidence, argue issues of community versus separate property, and prove to the Court what property is separate property. Currently, on average, cases in Collin County and Denton County take 8-12 months before a trial occurs. At trial, you present evidence to prove what property is your separate property and what you believe is a “just and right” division of property, whether that’s a 50/50 split or an un-even split in property. What Happens in Court? When you appear in court and present your evidence, the judge considers multiple factors when making a decision regarding your case and property. Judges look at: The nature of your property (community versus separate); Fault in the divorce; Length of marriage; Any misconduct affecting the property; Creditors and your relationship to those creditors; Each spouses’ actions in helping to build community property; Each spouses’ age, health, and future employment possibilities; and Children. Often times, a court may order the sale of property, depending on the circumstances. If you wish to keep the house, an experienced attorney helps. In order to prove property as separate, a spouse needs to trace the property from when it became their property to present day. Educating yourself on how property division in divorce occurs is essential for anyone going through a divorce or separation. Knowing the difference between community and separate property, dividing property, and your legal rights can help you make informed and well planned out decisions. If you find yourself in a difficult situation and need to discuss this with someone, you can always reach out to an attorney to give you some advice and direction. Please feel free to give Rasley Law Group a call at 972-584-7626 or visit our website at www.rasleylaw.com .

Powers of Attorney? Why? Ever wondered why you should both with a power of attorney? I mean really, what’s the point? Do I really want to appoint someone to make decisions for me? Well, you should bother, it helps avoid much more expensive lawsuits down the road and helps prepare your family (tl;dr). What is a Power of Attorney? A power of attorney provides someone else the authority to make financial or medical decisions for you through a legal document. The person who gets this authority is called your agent, but the person granting the authority signs the document. The agent doesn’t. You want to make sure these documents are drafted properly as they can have a great impact. A medical power of attorney grants your agent the authority to speak with doctors and make medical decisions when you find yourself unable to communicate with doctors or medical staff. A financial power of attorney designates your agent as someone who makes financial decisions for you such as paying bills, moving property, paying utility expenses or simply keeping track of your money for you. Length of Time A power of attorney can start immediately, be for a designated period of time, or can “spring” or start upon a determination of your disability or incapacity. Your other option is to designate these to start upon a certain event occurring. You really have some great flexibility to avoid pitfalls. Why Do This? Simple answer – money and time. We don’t like to think about death or the inevitable fact we’ll grow old. Me neither. I prefer to focus on now. However, without these documents your family will need to file guardianship documents with a court requiring potentially lengthy litigation and legal expenses exceeding $1,000.00 easily. While putting together these types of documents can cost you easily half of this. Plus, it resolves the issue before it becomes an issue.  When Should I Get One? If over the age of 18, you should seriously consider putting these documents together. Plenty of horror stories exist about needing these to help make medical decisions for a loved one or trying to get this done when it could be too late and issues arise, such as Dementia or Alzheimer’s. (Watch The Big Sick) Considering the minimal cost to put these together with a legal professional, there isn’t much reason to delay getting this done. It truly can make a huge difference in your life. When do you get this completed, make sure you speak to your family. Communication saves a lot of turmoil and issues from arising. Furthermore, it let’s them know your wishes and gives you an opportunity to answer their questions and concerns. If you find yourself in a difficult situation and need to discuss your issues with someone, you can always reach out to an attorney to give you some advice and direction. Please feel free to give Rasley Law Group a call at 972-584-7626 or visit our website at www.rasleylaw.com. We help those in the Dallas / Fort Worth area including Denton, Collin, and Dallas County.

Preparing for Divorce If you find yourself on this page, I know how you feel. I’ve seen it too often to not understand. Right now you want out, to simply get away or get what is rightfully yours. Or both. You might feel a swarm of other emotions as well ranging from hurt, lost, confused, angry, or joy. Yes, feeling joy because a light at the end of the tunnel after 10+ years lies in front of you. So, now what? First of all, no matter how you feel, many people go through this and survive. Most people agree they don’t want to go through the process because of the stress and painfulness. A good attorney makes this process easier. Also, staying in an unhappy marriage after you’ve made every attempt to salvage it may cause a greater amount of harm and regret. Therefore, let’s plan. This starts with going through and preparing. Prepare for this like you organize for a long trip. Take stock of what you need. A job. A safe place to live. A safe place for the kids. A budget. An idea of where the marital property and money is located. A plan for the future. A place to get mail. A support group. Evidence. A Job. If you currently work, congrats. Step one completed. If you don’t work. Get your resume together and start looking. Never rely on the financial support of others. After a divorce, your income and available money changes. Sometimes for the better and more often for the worse. Where you had an income or two incomes supporting the family, you currently have one. There will be other factors, but people rely on the other factors too much. Look at your options, consider getting some help putting together a resume or looking at the skills which make you employable. Then figure out job options as well. Consider what you need and remember to stay flexible. Need to work from home? Need flexible hours? No matter what you decide, remember child support, spousal support or what property you get in the divorce will not last forever. A Place to Live and Budget. Consider your options for where you (and possibly your children) will live. Is it likely that you’ll stay where you live currently? Can you afford to do so for 6-8 months at a minimum? Can you pay for the mortgage/rent and utilities? Start looking at a second option such as an apartment. Make sure you don’t get something you cannot afford. Consider this and then budget. Make a budget for weekly and monthly expenses. Consider what your possible commitments upon starting the divorce process will be. Your lawyer should help you with this as well. Show Me the Money and Property. This is important. Really important. People sometimes meet with an attorney with no idea what property exists, which banks are used by their spouse, or the location of any of the documents for the property. Reality of any situation, you never know everything. However, your attorney needs information. Bank accounts. Property records (deeds). Location of safety deposit boxes. Information on owned businesses. Titles to cars, boats, etc. Your attorney gets that information from you or from your soon-to-be ex-spouse. Rarely will your spouse simply hand over the information, so you file documents to get the information. Thus, it’s easier, less stressful and leaves you better prepared to know as much as you can up front. Even if it is only a portion, if you learn and get an idea prior to meeting with an attorney. Get what you can get before it gets messy. Your Plan. Although you never need every single detail laid out, get an idea of what you plan to do in the future and how you see the case going. What are your goals? Will they fight you on every little thing? Figure out what you think will happen and prepare to speak to your attorney about this. Mail and Email. So, If you think you’ll move or someone will stop you from getting your mail, consider getting a post office box. Never divert your spouse’s mail where it shouldn’t go. Yet, secure a place to get mail. If you haven’t filed make this confidential. Same goes for email. If you think they know your password – change it. Support Group. Whether you feel hurt, angry, scared or seek revenge. Get a support group together. A group of people who will help you on the emotional roller coaster that occurs during a divorce. Consider speaking with a therapist after you start the process or joining a group that may help you whether it’s at your church or another location. Groups like DivorceCare have helped my client’s before. If nothing else, at the very least get a book after you start the process that goes through and tries to help you come to terms with what is happening. Evidence.  Above all, prepare what proof you have of what you say happened. Don’t go to an attorney claiming assaults with no proof. As a commercial I hear says, you are one of the two leading experts on your case. I always rely on my client’s knowledge of their life and events to get me what I need to fight for their goals. Your attorney will do the same. Make sure you have photographs, recordings, text messages and emails backing up your claims. These are not a must but make your case stronger. Finally, make sure you get ready for the process. If you think you’ll handle this without an attorney, prepare to be your own attorney. Judges typically give very little sympathy to someone who represents themselves. You are expected to handle yourself like an attorney would in the courtroom. If you plan on hiring an attorney, make sure you prepare for this as well. No matter what, remember many people go through this process and make it out alive. You will as well. If you find yourself in a difficult situation and need to discuss this with someone, you can always reach out to an attorney to give you some advice and direction. Please feel free to give Rasley Law Group a call at 972-584-7626 or visit our website at www.rasleylaw.com.

A Will? Why? I’ve been married for 13 years. Practiced law for over a decade. My wife still find talking about this topic tough. It’s not easy. Most people I speak to at presentations or in person say the same things. “I’m not old enough to need a will.” “I don’t have enough property for it to be worthwhile.” “My wife (or husband) will simply take care of the kids.” “I think the court can figure it out. I don’t have much.” “I’m not going anywhere.” It’s true. You, me and everyone else avoid talking about death. Benjamin Franklin said, “…in this world nothing can be said to be certain, except death and taxes.” Jobs, homes, marriages (unfortunately), the way your child grows up and life in general carry no guarantees. Things rarely go as expected. However, unless you live like Chris Traeger from Parks and Recreation, death is inevitable. Look at the problems which arose with Prince’s estate and Aretha Franklin’s estate to see all the problems avoiding estate planning and a will cause. Seriously, Google it. So, in light of this, what should you do? Plan for the inevitable. Map it out for your family and those you love. Arrange things so those who grieve your loss avoid the “what did she want?” issue. You hear stories of funeral homes taking advantage of a grieving family or a hospital making decisions that someone never wanted done to preserve their life. A will helps dodge some of these issues. You make a document that not only states how to divide up property, care for pets left behind, children left behind and your body, how to handle your business, but it helps ease the transition. Your family and friends know what you want. You’ll discuss this with them. It also forces you to think about what you want to do or have done when you die. A good attorney will guide you through this process. They’ll also help you get the information and answers you need. Plus, they’ll make it efficient and less complicated. Besides the information and guidance you provide your family and friends, is it really expensive? In Texas, I’ve seen people spend over $5,000.00 to handle dividing up property when no will exists. You pay for an attorney to represent the person wanting to be appointed as administrator. You also pay for another attorney to represent everyone else, called an Ad Litem Attorney. Guess who pays for both attorneys? Your family or the administrator. How can they get compensated for these costs? Your estate or property you’ve left behind. So, getting a will done, which can cost anywhere from $400.00 or more depending on what you ask for in the will still shouldn’t cost more than $900.00 for a person, unless you’ve got some really extenuating circumstances. (These numbers are based on average costs done via an internet search.) Probating the will, which is a process by which the Executor of the will (person who handles your wishes) gets the power to do so, becomes greatly simplified. Therefore, No longer do you need an Ad Litem Attorney. No longer will you need multiple hearings. Typically, you spend about $2,500.00 on probating a will, based on average prices found via the internet. Every attorney is different but even going to what some would consider an expensive attorney saves you money. It should save your estate at least $1,500.00 in costs, allow your family to know your wishes and give the family time to grieve more peacefully. Consequently, you get an opportunity to figure out what you need to get done, save your estate and those you love money, and make for an easier transition in life. As death can be an unexpected transition, this ends up helping everyone involved. Texas tries to make the process for those who made a will easier than most states. Texas wants to make it easy and does so most of the time. So, take the time. Going to see an attorney won’t take as long as an oil change at Kwik Lube or waiting to be seated at Texas Roadhouse on a Friday night. It’ll put your mind at ease. It makes sense. Then you’ll have more time to deal with that nasty tax issue Benjamin Franklin mentioned. If you find yourself in a difficult situation and need to discuss your situation with someone, you can always reach out to an attorney to give you some advice and direction. Please feel free to give Rasley Law Group a call at 972-584-7626 or visit our website at www.rasleylaw.com.