There are many things you need to do BEFORE you leave your current situation - whether you are married or just living together.
Of course, if you are in a dangerous situation, the most important thing to do is JUST LEAVE! Your life is more important than your possessions! You can replace your stuff - you cannot replace your life!
That said, if you are able to take time and plan your exit in a calm & slow manner, this is what I have read that you should do before leaving.
It is NOT everything -- but it is a sample list of things that you should think about doing before leaving...
1. Opening a checking or savings account in your own name.
2. Leave money, an extra set of keys, copies of important documents, and extra set of clothes and medicines in a safe place or with someone that your trust.
3. Get your own post office box.
4. Find a safe place where you and your children can go or a person who can lend you money.
5. Always keep the shelter phone number and change or calling card for emergency phone calls.
6. If you have pets, make arrangements for them to b e cared for in a safe place.
What you need to take with you...
(this is not just a suggested list -- you might think of more things that you need to take with you -- if in doubt take it with you!)
Your driver's license.
Birth certificate and your children's birth certificates.
Social security cards.
Passports.
Take copies of your last 5 years tax returns.
Take copies of the last 6 months of pay stubs.
Take copies of all credit cards - front & back.
(take some credit cards with you if possible)
Take copies of all checking & savings accounts for the past 5 years.
Take copies of all investment accounts - such as 401(k) & IRAs - everything you can find for the past 5 years.
Take copies of leases, car registrations, car leases, car purchase contracts, insurance papers, health insurance, medical records, etc.
Take copies of your children's school records.
Take originals (or at least copies) of legal papers -- such as all wills, trusts, divorce and custody papers -- including all TX Attorney General papers.
Take copies of all death and marriage licenses.
Take prescriptions medications that you and your children take daily.
Take all valuable jewelry -- often these things "disappear" after you leave.
Anything that is irreplaceable or an heirloom -- again this often "disappear" & or get "broken" during separation!
Take your address book.
Take all diaries, letters, cards & correspondence.
Take your computer and/or a back-up of your information & your children's on the computer.
You need to be prepared in case information "disappears" after you leave your home.
If you cannot take the originals, then make a copy of all these files & put them in a "safe" place - with a trusted friend. DO NOT PUT THEM IN THE TRUNK OF YOUR VEHICLE OR IN YOUR HOME - where these copies could be "discovered" by the other person!
I think the above list should assist you in thinking about what you need to do before you separate.
Good luck!
Monday, September 3, 2012
JUDGE JUDY WARNE
Judge Judy Warne, Judge of the 257th Judicial District Court of Harris County, Texas has been named Jurist of the Year by the American Academy of the Matrimonial Lawyers.
This is a very high honor & Judge Warne is to be congratulated. She is an exceptional judge and Harris County residents should be honored to have such an outstanding judge on the bench. Judge Warne is a frequent speaker at legal events.
Her husband, Doug Warne, is a retired District Court judge too.
This is a very high honor & Judge Warne is to be congratulated. She is an exceptional judge and Harris County residents should be honored to have such an outstanding judge on the bench. Judge Warne is a frequent speaker at legal events.
Her husband, Doug Warne, is a retired District Court judge too.
Saturday, September 1, 2012
Mediations - $250 per side for 4 hours
FAMILY LAW MEDIATIONS
$250 per side for 4 hours
If we go longer than 4 hours then it's $125/hour or $75/per side
cash only - no checks or credit cards
I prefer to do them AFTER a lawsuit has been filed.
That way it is binding if one of the parties does not comply with the Mediated Settlement Agreement.
Remember, if I serve as a mediator I cannot act as an attorney
Some people think that they can hire me and I can be attorney/mediator - untrue!
I am unable to prepare the final paperwork - you must still use an attorney
Attorneys: I can mediate at my office -- mornings - afternoons - evenings & week-ends
(we have our own a/c and heat)
or
I can come to your office if that is more convenient
$250 per side for 4 hours
If we go longer than 4 hours then it's $125/hour or $75/per side
cash only - no checks or credit cards
I prefer to do them AFTER a lawsuit has been filed.
That way it is binding if one of the parties does not comply with the Mediated Settlement Agreement.
Remember, if I serve as a mediator I cannot act as an attorney
Some people think that they can hire me and I can be attorney/mediator - untrue!
I am unable to prepare the final paperwork - you must still use an attorney
Attorneys: I can mediate at my office -- mornings - afternoons - evenings & week-ends
(we have our own a/c and heat)
or
I can come to your office if that is more convenient
Name Change for a Child
Doing a name change for a minor child is easy -- if both parents agree.
If both parents do not agree, the judge will not do it!
It does take some time because the Harris County courts are pretty busy.
Believe me when I say it is really worth it to hire an attorney -- you will be glad that you did.
Otherwise, you can waste a lot of time trying to figure out how to get this done.
A good family law attorney can really help you get this done & make it look simple.
I encourage you to hire an experienced family law attorney that knows the judge so that you don't waste your time and money. If you try to do it yourself, it can be very frustrating and time consuming.
You can go to the Harris County Law Library in downtown Houston -- but I don't know how good their forms are since so many people go down there -- they might be worn out or someone might have torn the necessary pages out of their form books. Also be careful about some of the people that hang out there & say that they are attorneys -- there was a guy down there 4 years ago that was a disbarred attorney on drugs that was not mentally stable -- I don't know if he's still down there -- he was giving people bad advice & taking their money.
Please don't buy a kit off the internet or t.v.
Those are junk & you are wasting your money!!!
Plus, they do not include the required State and County forms that the Judge will want.
Unfortunately, the filing fee is approximately $300.
All of that money goes to the county.
I'm only mediating these days so please don't call me.
Call Patricia Bushman at 713-807-9405.
Her first appointment is FREE.
Talk to Jessica in her office for an appointment.
She books up -- so please be flexible.
Please let Jessica know that FRAN referred you to their office.
I rent space in their office.
They are located at Loop 610 & Kirby by Reliant Stadium.
If both parents do not agree, the judge will not do it!
It does take some time because the Harris County courts are pretty busy.
Believe me when I say it is really worth it to hire an attorney -- you will be glad that you did.
Otherwise, you can waste a lot of time trying to figure out how to get this done.
A good family law attorney can really help you get this done & make it look simple.
I encourage you to hire an experienced family law attorney that knows the judge so that you don't waste your time and money. If you try to do it yourself, it can be very frustrating and time consuming.
You can go to the Harris County Law Library in downtown Houston -- but I don't know how good their forms are since so many people go down there -- they might be worn out or someone might have torn the necessary pages out of their form books. Also be careful about some of the people that hang out there & say that they are attorneys -- there was a guy down there 4 years ago that was a disbarred attorney on drugs that was not mentally stable -- I don't know if he's still down there -- he was giving people bad advice & taking their money.
Please don't buy a kit off the internet or t.v.
Those are junk & you are wasting your money!!!
Plus, they do not include the required State and County forms that the Judge will want.
Unfortunately, the filing fee is approximately $300.
All of that money goes to the county.
I'm only mediating these days so please don't call me.
Call Patricia Bushman at 713-807-9405.
Her first appointment is FREE.
Talk to Jessica in her office for an appointment.
She books up -- so please be flexible.
Please let Jessica know that FRAN referred you to their office.
I rent space in their office.
They are located at Loop 610 & Kirby by Reliant Stadium.
Filing for emancipation in Texas
I receive more phone calls on emancipation than any other topic.
I have been licensed over 20 years and I have never done an emancipation.
Why? Because (a) they are expensive - plan on paying a total of $5,000 (b) you need to be at least 16 years old and have a job and be fully supporting yourself and (c) judges in Harris County do NOT like them and will not approve them.
Be aware that you can pay $5000 and have a full-time job and you still might not get a judge to sign the paperwork.
The only thing that you will accomplish by being emancipated in the State of Texas is being able to sign a legal contract. That is it. You will be able to sign a lease. However, that does not mean that a landlord will lease to you. You still might have to get someone to co-sign a lease with you. If you want to buy a car, you will be able to sign a contract but it does not mean that you will qualify for a car loan. It does not mean that a company has to give you a car loan.
Being emancipated does not perform miracles.
By the way, it is called REMOVAL OF DISABILITIES in the State of Texas.
You can read about it in the Texas Family Code which is available on-line. There are many hurdles that you must "jump" in order to even qualify. If you do not meet them all, a judge cannot sign the document. The judge will read the Code carefully before signing the paperwork. The Judge will make sure that you fulfill all requirements. They are tough!
In my 20 years, I've only had one young lady that met them all. She decided to buy a car instead of spending the money to go to court.
FYI: Living with your boyfriend or girlfriend, is not enough to get the judge to sign your paperwork. And, if your parents won't agree, it will make it much more difficult to get the judge to sign the paperwork -- not impossible -- but harder.
I don't do them -- call PATRICIA BUSHMAN at 713-807-9405. Talk to Jessica in her office - her first appointment is FREE. Tell her FRAN sent her.
I have been licensed over 20 years and I have never done an emancipation.
Why? Because (a) they are expensive - plan on paying a total of $5,000 (b) you need to be at least 16 years old and have a job and be fully supporting yourself and (c) judges in Harris County do NOT like them and will not approve them.
Be aware that you can pay $5000 and have a full-time job and you still might not get a judge to sign the paperwork.
The only thing that you will accomplish by being emancipated in the State of Texas is being able to sign a legal contract. That is it. You will be able to sign a lease. However, that does not mean that a landlord will lease to you. You still might have to get someone to co-sign a lease with you. If you want to buy a car, you will be able to sign a contract but it does not mean that you will qualify for a car loan. It does not mean that a company has to give you a car loan.
Being emancipated does not perform miracles.
By the way, it is called REMOVAL OF DISABILITIES in the State of Texas.
You can read about it in the Texas Family Code which is available on-line. There are many hurdles that you must "jump" in order to even qualify. If you do not meet them all, a judge cannot sign the document. The judge will read the Code carefully before signing the paperwork. The Judge will make sure that you fulfill all requirements. They are tough!
In my 20 years, I've only had one young lady that met them all. She decided to buy a car instead of spending the money to go to court.
FYI: Living with your boyfriend or girlfriend, is not enough to get the judge to sign your paperwork. And, if your parents won't agree, it will make it much more difficult to get the judge to sign the paperwork -- not impossible -- but harder.
I don't do them -- call PATRICIA BUSHMAN at 713-807-9405. Talk to Jessica in her office - her first appointment is FREE. Tell her FRAN sent her.
Alienation of affection in the State of Texas
I have received a few phone calls on this matter so I will repost on this issue.
I have posted on this subject before so you can look back on this blog & read my comments before. It's been a long time since I posted comments on alienation of affection. Since this matter is a "mute" issue in Texas it just not come up much. However, recently several people have called me regarding this matter.
I hope this post clarifies this topic for you.
The Texas legislature eliminated "alienation of affection" as a possible lawsuit many years ago.
In other words, if your spouse is involved with someone else, you cannot sue that person for "dating" your spouse. There is no lawsuit available to sue that person. No judge can do "anything" to that person for "entrapping" your spouse and/or causing your spouse to fall in love with that person. You cannot get any sort of damages (money) from that person. A judge cannot issue a restraining order against that person.
If you are angry that your spouse spent money on a third party, then you would need to sue for divorce and in the divorce ask the judge to order your spouse to "reimburse" you for community funds spent on a third party. For example, spouse spent $10,000 on a third party -- you are entitled to $5,000 of reimbursement since 50% of the money is yours and you did not want your 50% spent on the third party.
In summary, a judge does not have any sort of legal remedy that he/she is able to "punish" the third party (the person dating your spouse) in the State of Texas.
However, if the person is harrassing you with phone calls or threats of bodily harm, then call the police or the District Attorney's office. That is a criminal matter. That would be completely different than a civil matter.
Civil and criminal lawsuits are handled completely different;
* Civil matters are where you sue someone. Civil cases are between individuals.
* Criminal lawsuits are where the persons violates a law and the community sues the person and the punishment would be jail time and/or a fine (money). The District Attorney represents the community. You would not be involved. You might be called as a witness since you would be the "victim".
I have posted on this subject before so you can look back on this blog & read my comments before. It's been a long time since I posted comments on alienation of affection. Since this matter is a "mute" issue in Texas it just not come up much. However, recently several people have called me regarding this matter.
I hope this post clarifies this topic for you.
The Texas legislature eliminated "alienation of affection" as a possible lawsuit many years ago.
In other words, if your spouse is involved with someone else, you cannot sue that person for "dating" your spouse. There is no lawsuit available to sue that person. No judge can do "anything" to that person for "entrapping" your spouse and/or causing your spouse to fall in love with that person. You cannot get any sort of damages (money) from that person. A judge cannot issue a restraining order against that person.
If you are angry that your spouse spent money on a third party, then you would need to sue for divorce and in the divorce ask the judge to order your spouse to "reimburse" you for community funds spent on a third party. For example, spouse spent $10,000 on a third party -- you are entitled to $5,000 of reimbursement since 50% of the money is yours and you did not want your 50% spent on the third party.
In summary, a judge does not have any sort of legal remedy that he/she is able to "punish" the third party (the person dating your spouse) in the State of Texas.
However, if the person is harrassing you with phone calls or threats of bodily harm, then call the police or the District Attorney's office. That is a criminal matter. That would be completely different than a civil matter.
Civil and criminal lawsuits are handled completely different;
* Civil matters are where you sue someone. Civil cases are between individuals.
* Criminal lawsuits are where the persons violates a law and the community sues the person and the punishment would be jail time and/or a fine (money). The District Attorney represents the community. You would not be involved. You might be called as a witness since you would be the "victim".
Houston Lawyer Referral Service contact information
Houston Lawyer Referral Service
www.hlrs.org
713-237-9429
Their motto is - helping the Houston metropolitan community to find quality legal representaiton in all areas of the law since 1958.
www.hlrs.org
713-237-9429
Their motto is - helping the Houston metropolitan community to find quality legal representaiton in all areas of the law since 1958.
I'm doing CPS mediations at the Harris County DRC
I completed the Dispute Resolution Mediation Training of Harris County, Texas on July 27, 2011.
In August, 2012, I finally decided to try my hand to mediating CPS cases at the Harris County DRC. They are definately challenging and different from other mediations that I have handled since I became a mediator in 2005.
These are unpaid mediations, but since not many mediators will volunteer to handle a CPS mediaiton, I have agreed to do at least 1 a month.
Wish me luck!
In August, 2012, I finally decided to try my hand to mediating CPS cases at the Harris County DRC. They are definately challenging and different from other mediations that I have handled since I became a mediator in 2005.
These are unpaid mediations, but since not many mediators will volunteer to handle a CPS mediaiton, I have agreed to do at least 1 a month.
Wish me luck!
Free Seminar for the Public at UH Law School - September 29, 2012
FREE
Classes on law issues that are relevant to the public in everyday life
September 29, 2012 - Saturday from 8 am - noon
University of Houston Law Center - Main Campus - Consumer Law Project - The People's Law School
www.peoplelawyer.net
Call 877-839-8422 for information
Reservations required
Classes on law issues that are relevant to the public in everyday life
September 29, 2012 - Saturday from 8 am - noon
University of Houston Law Center - Main Campus - Consumer Law Project - The People's Law School
www.peoplelawyer.net
Call 877-839-8422 for information
Reservations required
Constitution Day - September 17th
September 17th is Constitution Day.
What will be happening in Houston on that day?
All citizens who report for jury duty will receive a pocket-size copy of the Constitution that day.
The Houston Bar Association (HBA) is recruiting volunteer attorneys to speak at local elementary schools to spend an hour at classes to speak to students about the U S Constitution. and education children about the importance of the U S Constitution. Attorneys will read a book then the book will be donated to the school's library. I don't know the name of the book that is being donated - it was not mentioned in the article in the Houston Bar Bulletin for September-October, 2012.
The HBA and the Houston Chronicle will partner again this year to provide classroom guides to teach middle and high school students about the Constituion and how it affects their daily lives. Teachers are provided with "The Constitution in the News," an eductional curriculum that examines court rulings on issues such as student drug testing, file sharing, wiretapping, First Amendment issues, student cheating and gun laws, as wells as how the news media covers the issues. These guides are available free of charge to classrooms.
Happy Constitution Day!
What will be happening in Houston on that day?
All citizens who report for jury duty will receive a pocket-size copy of the Constitution that day.
The Houston Bar Association (HBA) is recruiting volunteer attorneys to speak at local elementary schools to spend an hour at classes to speak to students about the U S Constitution. and education children about the importance of the U S Constitution. Attorneys will read a book then the book will be donated to the school's library. I don't know the name of the book that is being donated - it was not mentioned in the article in the Houston Bar Bulletin for September-October, 2012.
The HBA and the Houston Chronicle will partner again this year to provide classroom guides to teach middle and high school students about the Constituion and how it affects their daily lives. Teachers are provided with "The Constitution in the News," an eductional curriculum that examines court rulings on issues such as student drug testing, file sharing, wiretapping, First Amendment issues, student cheating and gun laws, as wells as how the news media covers the issues. These guides are available free of charge to classrooms.
Happy Constitution Day!
Subscribe to:
Posts (Atom)