The Woodlands Divorce Attorney, Conroe Divorce Attorney » Procedure

Hearsay Evidence Is Allowed (Sometimes)

Rich Shea — Thu, 24 Jun 2010 10:44:49 +0000

You have to prove your case. At the end of the day no matter how many horrible accusations are traded between you and your ex it is your Woodlands Divorce Attorney’s job to prove your case with the evidence. If a certain piece of evidence is not legally admissible then it cannot be used to prove your case or used against you. Hearsay evidence is generally not allowed, even in a Woodlands divorce case and even if the evidence is offered by the Attorney General. In a recent child support case a trial court allowed hearsay evidence from the Attorney General’s office, but did not exclude it under a narrow exception to the hearsay rules. Let’s take a closer look at what happened.

The Arguments on Appeal

The father in this was is A.J. A.J. argues that the trial court admitted inadmissible hearsay to prove his 2004–2007 earnings for the purpose of calculating child support. The Attorney General argues that Hardy can testify on the basis of hearsay sources because she qualifies as an expert per the Texas Rules of Evidence.

The Court’s Analysis

The trial court found where the parties have adequately complied with their discovery obligations, experts can generally testify regarding their opinions and give the reasons they hold their opinions without prior disclosure of facts or underlying data, unless the court orders otherwise. Trial courts are not automatically required to exclude the expert’s underlying facts or data, even if inadmissible, but instead must only do so when “the danger that they will be used for a purpose other than as explanation or support for the expert’s opinion outweighs their value as explanation or support or are unfairly prejudicial.”

In this case, the Attorney General’s calculation of A.J.’s child support obligation depended, in part, on his earned income for the 2004–2007 period. Although the Attorney General had obtained information on A.J.’s earned income through a subpoena, the underlying records that she apparently received were not properly proven up and thus, inadmissible hearsay. Thus, the court concluded that the Attorney General’s testimony about A.J.’s levels of income between 2004 and 2007 was inadmissible hearsay. Nevertheless, A.J. also testified about his income for the period 2004–2007. According to A.J., it was more likely than not that he had made more than $100,000 every year since 2004.

Hearsay Not Prejudicial

The court ruled that in light of A.J.’s testimony that his income exceeded $100,000 for each year at issue, the evidence supported the trial court’s use of the figure of $6,000 per month as A.J.’s net monthly income. On this record, other admissible testimony, consisting of A.J.’s testimony about his income, supports the figure the trial court used to calculate A.J.’s child support obligation. Therefore, the admission of the Attorney General’s testimony to explain the basis of her opinion was not unfairly prejudicial.

About the Author

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights. Contact The Shea Law Firm at (832) 426-3913.

The Deadline for Enforcing Tangible Property Division

Rich Shea — Tue, 16 Mar 2010 09:58:00 +0000

Deadlines are very important in the legal field. Simply missing a deadline can destroy your case even if you should win on all of the substantive issues. One of the most important deadlines I encounter as a Woodlands Divorce Attorney is the statute of limitations to enforce a division of property contained in a divorce decree.

It happens all too often that after a divorce is finalized by the parties reaching an agreement on paper or a judge issuing an order that one party drags their feet in dividing or turning over property. What can you do? Enforce your rights before you lose them.

The Family Code provides that a lawsuit to enforce the division of tangible personal property in existence at the time of the decree of divorce or annulment must be filed before the second anniversary of the date the decree was signed or becomes final after appeal, whichever date is later, or the suit is barred.

That is it, if your lawsuit falls within this section and you file it too late you may lose your case even if your ex-spouse is in clear violation of the decree. This specific statue of limitations for enforcing divorce decrees only applies to dividing tangible personal property. There are other rules that apply to lawsuits not concerning tangible personal property. Speak with a Woodlands Divorce Lawyer today if you need help resolving an property division issue with your divorce decree.

About the Author

The Collaborative Divorce Stages

Rich Shea — Mon, 18 Jan 2010 23:30:59 +0000

A contested divorce case has many stages which you may be aware of. There can be temporary orders, discovery, court hearings, depositions, court hearings, arguing, personal attacks, and more court hearings. If you are looking for a less destructive way to move on from your marriage then Collaborative Divorce may be right for you.

The Collaborative Divorce process in The Woodlands and Montgomery County has several stages, but you might notice they are quite different from the stages of a contested divorce. The stages of a Collaborative Divorce are:

Determining your goals and interests;
Information gathering;
Development of settlement options to achieve your goals;
Evaluation of the options; and
Negotiation of the settlement.

Which Process Do You Prefer?

Collaborative Divorce is a valuable alternative if you want to avoid an unpredictable court fight with your ex-spouse. Speak with a Woodlands Collaborative Divorce Attorney today and learn about your options to achieve your goals.

About The Author

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Spring, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

The Collaborative Divorce Agreement

Rich Shea — Wed, 02 Dec 2009 12:38:58 +0000

If you are considering taking advantage of the benefits of the Collaborative Divorce process in The Woodlands it is important to understand the foundation for the process. After you and your spouse have decided to use collaborative divorce, you, your attorney, your spouse, and your spouse’s attorney will enter into a collaborative divorce agreement. The collaborative divorce agreement establishes an important framework for the process.

Texas law states a collaborative divorce agreement must include provisions for:

(1) full and candid exchange of information between the parties and their attorneys as necessary to make a proper evaluation of the case;

(2) suspending court intervention in the dispute while the parties are using collaborative law procedures;

(3) hiring experts, as jointly agreed, to be used in the procedure;

(4) withdrawal of all counsel involved in the collaborative law procedure if the collaborative law procedure does not result in settlement of the dispute; and

(5) other provisions as agreed to by the parties consistent with a good faith effort to collaboratively settle the matter.

Items #1 and #4 usually attract the greatest attention. Secrecy and trying to “pull one over” on the other party are destructive to the collaborative process so a full exchange of information is required from both parties. It is also important to note that if you are unable to reach an agreement in the collaborative process then your collaborative attorney is forbidden from representing you in any future divorce litigation – this applies to both parties.

What Is Collaborative Divorce?

Rich Shea — Sat, 21 Nov 2009 12:49:25 +0000

The end of a marriage can be difficult enough on its own. Often, the process of divorce only adds to the pain. You and your spouse may come to see each other as adversaries and the divorce court is the battleground while your lawyers trade shots at each other and your children suffer. You may experience feelings of confusion, anger, loss and conflict. Under these circumstances, you might find it difficult to see an end to divorce, much less imagine a hopeful future afterwards.

Collaborative divorce is a new concept to many families confronted with going through a divorce, but it has been creating successful resolutions to divorce cases for many years. Collaborative divorce may be appropriate where both spouses are committed to reaching an agreement outside of the courtroom and can communicate openly and honestly. If either spouse is determined to take the other for everything they have then collaborative divorce is not an option. If you can work together to avoid the nightmare that a contested divorce going through the courts can occasionally become for both spouses and any children involved then collaborative divorce may be for you.

What Is Collaborative Divorce?

The key difference between a collaborative divorce and a courtroom divorce is the pledge by both spouses to reach an agreement before going to court. You and your spouse keep control of the decisions yourselves, rather than giving it up to a judge or jury. In order to achieve this goal, all of the parties to a collaborative divorce consent in writing to be part of a respectful process that leads to an out-of-court agreement. With a collaborative divorce, the goal is to develop effective relationships, solve problems jointly, and prevent a court battle. This often helps parents work together better in their new roles with children.

How Do You Begin the Collaborative Divorce Process?

It begins with self-respect. Respect for yourself and for each other is fundamental to a successful collaborative divorce. You may not be married any longer but you are still worthy human beings. When respect is given and received, discussions are likely to be more productive and an agreement reached more easily.

Once you are in the proper mindset speak with a collaborative divorce attorney to begin the process. If you are uncertain if your spouse will participate in the process, your collaborative divorce attorney can contact your spouse and invite them to join the discussion which will require they hire their own collaborative divorce attorney. It is very important the attorneys both of you choose are equally committed to the collaborative process. For example, bringing a litigating “shark” to a collaborative divorce is almost certainly going to lead to a break down in the process.

When you are ready to begin, speak with a Collaborative Divorce Attorney in The Woodlands today and begin moving towards a new future.

Required Counseling in Montgomery County Cases

Rich Shea — Tue, 28 Jul 2009 23:53:34 +0000

In addition to the laws of Texas, the Montgomery County Courts involved in divorce matters have their own rules. These rules are called local rules and for the most part are procedural to help all cases move through the Conroe courthouse in a timely manner. One important local rule for divorce in Montgomery County, Texas concerns parental counseling.

When you or your spouse file for divorce the Conroe Court will require both of you to attend a brief counseling program. This rule applies in all suits affecting the parent-child relationship and virtually every divorce case that involved children. The Court will only consider waiving the counseling requirement if your Conroe Divorce Lawyer can show good cause.

One important note is the Conroe Divorce Courts may also require counseling as part of modification or enforcement litigation after the divorce is final.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a The Woodlands Divorce Attorney today.

Required Disclosure in Houston Divorce

Rich Shea — Tue, 21 Jul 2009 13:29:25 +0000

We previously reviewed the discovery requirements for divorce cases in the Montgomery County Divorce and Family Courts. Today we will look at the required disclosures in the Harris County Divorce Courts in Houston.

The Harris County Divorce Courts require that each party to a suit for divorce or annulment shall, without waiting for a discovery request, provide to the other party the following information about property in which the party claims an interest:

all documents pertaining to real estate;
all documents pertaining to any pension, retirement, profit-sharing, or other employee benefit plan, together with the most recent account statement for any plan;
all documents pertaining to any life, casualty, liability, and health insurance;
the most recent account statement pertaining to any account located with any financial institution including, but not limited to, banks, savings & loans, credit unions, and brokerage firms.

In addition to the items above, if your Houston Divorce involves child support or spousal support the following items must also be disclosed:

all policies, statements, and description of benefits which reflect any and all medical and health insurance coverage that is or would be available for the child or the spouse;
Unless the information has previously been exchanged in connection with a temporary hearing, a Financial Information Statement for the party, together with that party’s previous two years income tax returns and two most recent payroll check stubs.

If you are running into problems obtaining information from your future ex-spouse, speak with a Houston Divorce Attorney today.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston. If you need legal assistance with your family law issue speak with a The Woodlands Divorce Attorney today.

Required Disclosure in Montgomery County Divorce

Rich Shea — Sat, 18 Jul 2009 23:14:10 +0000

Each divorce and family law court in Montgomery County and Harris County have their own rules concerning which items must be disclosed without objection by each party to a divorce or custody lawsuit. This means that you can obtain this information from your soon to be ex-spouse and your future ex-spouse can obtain this information from you. If a proper request is made for any of these items and the person refuses to produce the information the Conroe Divorce Court can hold that person in contempt of court.

Here are the items that each party must disclose to the other party without objection upon a written request in a divorce filed in Montgomery County:

Parties or individual income tax returns for two years preceding the year of the request.
Copies of all insurance polices, including home, auto, life and medical.
Copies of all promissory notes, deeds of trust and deeds evidencing ownership of real estate, including contract for deeds and time sharing contracts.
Copies of all stocks, mutual fund participation and investment portfolios held by the parties, in the name of the parties, or for the benefit of the parties.
Copies of all documents concerning employee benefits, retirement benefits and pension funds.
The preceding six (6) months statements for all credit card accounts in the name of the parties, or either party.
Wage statements or statement showing year to date earnings of the party.

If you are running into problems obtaining information from your future ex-spouse, speak with a Conroe Divorce Attorney today. Next time we will review the required disclosures for a divorce case filed in the Houston Divorce Court of Harris County.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston. If you need legal assistance with your family law issue speak with a The Woodlands Divorce Attorney today.

When You Have Been Served With A Divorce Citation

Rich Shea — Mon, 13 Jul 2009 14:07:50 +0000

Sometimes both spouses agree to a divorce. Other times one spouse decides to move forward with the divorce on their own. When this happens, the spouse that did not file the petition for divorce is served with a divorce citation. Once you have been served with a divorce citation you have been informed of the divorce lawsuit and the clock starts to run. You must file an Answer with the Montgomery County Divorce Court or the Houston Divorce Court before the Monday following twenty days after you were served or you can be on the wrong end of a default judgment.

What can you do?

You can do nothing. If you choose that path, then your spouse’s attorney can and probably will file for a default judgment against you as soon as possible. When you do nothing, the divorce court judge will enter a judgment concerning custody, child support, and division of property without ever hearing your side. It is very likely that your spouse will receive everything they ask for if you allow a default judgment to be entered against you.

Rather than do nothing, many people choose to hire a divorce attorney. Your Montgomery County Divorce Attorney can make sure your Answer is filed properly and on time. In addition to handling the Answer to the divorce complaint, your divorce attorney can protect your rights through the temporary orders and the discovery process to make sure you receive everything you are entitled to.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston. If you need legal assistance with your family law issue speak with a The Woodlands Divorce Attorney today.

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Montgomery County Standing Orders, Part 6

Rich Shea — Fri, 26 Jun 2009 18:17:21 +0000

The Montgomery County Divorce Courts have automatic orders that go into effect for every divorce suit and every suit affecting the parent-child relationship (SAPCR) filed in Montgomery County. These automatic orders are court orders and if either party violates one or more of the automatic orders they risk being found in contempt of court.

The sixth automatic order of the Montgomery County Courts is “Insurance in Divorce Case.” Both parties to the marriage are ordered to refrain from doing the following acts:

Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of either party, except as specifically authorized by the Montgomery County Divorce Court.
Changing or in any manner altering the beneficiary designation on any life insurance on the life of either party or the parties’ children.
Canceling, altering, or in any manner affecting any casualty, automobile, or health insurance policies insuring the parties’ property or persons, including the parties’ children.

If your spouse is canceling or changing insurance policies your Conroe Divorce Lawyer can help you enforce the court orders in your case. We will continue reviewing the automatic orders in the next post.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Houston. Many of our visitor come from the areas of Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area. If you need legal assistance with your family law issue speak with a Conroe Divorce Attorney today.