Lawyers are expensive. When you hire a lawyer, you often pay more than you can afford. Given what you pay for that person’s expertise, it is helpful to your case to listen to your attorney and take his/her advice.
Why do lawyers cost so much? There are many reasons lawyers are so expensive. First they spend several years in law school. I know my years in law school were some of the toughest with the majority of my time spent studying. And if I wasn’t studying, I was sleeping. There wasn’t much time for anything other than going to class, researching, writing, reading, and studying. Everything else in your life is on hold to become a lawyer.
When a lawyer gives you a piece of advice, it is backed by knowledge of the law, years of experience, knowledge of the courts, and how the courts handle situations similar to yours. Two of the hardest things to learn when studying the law is that there is nothing black and white and the law isn’t always fair or logical.
Another reason lawyers aren’t cheap is that the law is ever-changing. In Texas, the Legislature meets every two years. And with that comes new laws and revisions of existing laws. Further, every law is subject to interpretation by the courts. As a result, appeals courts and the Supreme Court of the State of Texas spend their time hearing cases that have been appealed and interpreting the law based on the facts of each case. Because every case is different, the application of a statute in one case will produce one result while applying that same law in another case will produce yet a different result. It is the responsibility of your lawyer to recognize the subtle difference(s) from one case to another to determine what he or she believes will happen in your case or how the law should be applied in your situation. Law school teaches you to “think like a lawyer” and it is that thought process that guides your lawyer in counseling you about your case.
When a lawyer practices law in front of the same judges every day, he/she learns how those judges react and rule in certain situations. Although a lawyer can never predict what will happen in your case with absolute certainty, that lawyer can get pretty close in some instances based on experience in your court.
Using her knowledge of the law, knowledge of the courts, and experience, a lawyer will give you advise that will best help your case and structure your case to give you the best possible outcome. That advice is rooted in a great deal of knowledge.
Because you spend so much on your lawyer, it is crucial you trust that person. Your lawyer may very well give you advice you either do not agree with or do not understand. If you do not understand what your attorney asks of you then by all means ask for her reasoning behind it. I am certain there is a specific reason for that advice that will be of benefit to your case. If you choose not to follow your lawyer’s advice, you have to expect legal consequences that will harm your situation.
If for whatever reason you do not trust your attorney, find one you do trust.
There are a multitude of factors that lead to an attorneys advice: statutes, case law, the court’s tendency given the facts of your case, and/or mitigation of facts that may harm your case. Every single situation or case is different. Your situation may seem identical to your friend’s situation and in your friend’s situation she did not have to do what your lawyer is asking you to do. But you may be in a different court or there may be some difference in your situations that may seem subtle or meaningless to you but has great significance. Your lawyer is going to spot that.
I recommend making sure you understand exactly what your attorney is asking of you so you understand the meaning or reasoning behind it. If after hearing your attorney’s purpose of his/her request, you do not trust your lawyer, then find a lawyer you do trust. A good lawyer is not going to tell you everything you want to hear. A good lawyer is going to tell you everything you need to hear.
Ami J. Decker
www.famlawtex.com
Tarrant County Family Law
Showing posts with label Fort Worth Divorce. Show all posts
Showing posts with label Fort Worth Divorce. Show all posts
Saturday, April 20, 2013
Monday, July 16, 2012
Introduction to The Decker Law Firm, a Fort Worth Family Law Firm
We are trying out some videos. This one is an introduction to The Decker Law Firm. Tell me what topics you would like to see us cover in a video.
Tuesday, February 21, 2012
Why Should I Hire an Attorney for My Divorce when I Have Children?
I do not recommend anyone with kids represent themselves (pro se is the legal term for being your own lawyer) in a divorce or try to use some forms you find somewhere to do your divorce on your own. Have you ever heard someone say "I don’t know what I don’t know?" This phrase rings true in the area of family law.
I realize because I am a family lawyer, my saying this may hold little weight to you as you may think I am saying this because I make money as a divorce lawyer. But before you make up your mind on this, please hear me out.
For the majority of folks, their family is the most important part of their lives. Doing your divorce on your own may strip you of rights you have with respect to your children. Maybe even rights you didn’t even know you have.
For example, which parent is going to make the educational decisions for the kids? Your initial reaction may be "We both will." But what if, at some point, you don’t agree with your ex spouse? If the language in your divorce decree says you both must agree before any action is taken with respect your children’s education, and you disagree, nothing can ever be done.
Additionally, you have no idea what your situation is going to be in ten years. And what is an educational decision? Educational decisions are not limited to simply what school your child will attend. Should she be tutored in a certain subject? Who will the tutor be? Where will she go to get the tutoring? Is a choir trip to New York City educational? If so, who should decide if your daughter goes on that trip? What happens if one of you want your son to attend SAT preparation classes and the other parent believes it unnecessary. Should you and your former spouse have the independent right to make educational decisions? If so, then your former spouse could have your child doing something you don’t agree with. Or you both could do something similar at the same time. Should you have the exclusive right to make those decisions? Should your spouse have that exclusive right? Or should one of you have the exclusive right after conferring with the other parent?
When there are children, there are a myriad of issues in a divorce an experienced family lawyer can help you with. Educational decisions are just a drop in the bucket.
Who will make medical decisions? Will you get a second medical opinion when an invasive medical procedure is needed one of your children? Who will decide if my minor child can join the armed forces? Or get married? If you don’t have primary custody of your child, can you assure you are on the school records to get information about your child’s education? How can I prevent your ex-wife from moving across the country with your kids? Can you even prevent that? Can you call your kids when they are with the other parent? Your child is special needs, can you get more child support than the statutory minimum? What is the statutory minimum child support? If your child plays a sport, do you have to take him to practices and games when you have him? You want you ex to pay half of the sports costs, can you get that? You need to get a passport for your child, how do you get your ex to sign the paperwork? Your ex-spouse is taking the children out of the country on vacation, do you have the right to know where they are going and when? Do you have to agree to see your kids every other weekend? Your spouse and you want to agree no one should pay child support; can you do that?
This list of questions is just the tip of the iceberg. You really don’t know what you don’t know.
Further, it isn’t enough to simply consult an attorney at the beginning of the divorce and then write your decree yourself or check some boxes on a form. The wording of your divorce decree is everything. The absence or existence of a single word in a decree could determine if you have a specific right or not. Once you give up a right either accidentally or intentionally, it is difficult, if not impossible, to get that right back at a later date.
Remember the effort you put into planning your wedding? Please don’t spend any less time or effort in your divorce than you put into your wedding. Your family is at stake.
Ami J. Decker
www.famlawtex.com
I realize because I am a family lawyer, my saying this may hold little weight to you as you may think I am saying this because I make money as a divorce lawyer. But before you make up your mind on this, please hear me out.
For the majority of folks, their family is the most important part of their lives. Doing your divorce on your own may strip you of rights you have with respect to your children. Maybe even rights you didn’t even know you have.
For example, which parent is going to make the educational decisions for the kids? Your initial reaction may be "We both will." But what if, at some point, you don’t agree with your ex spouse? If the language in your divorce decree says you both must agree before any action is taken with respect your children’s education, and you disagree, nothing can ever be done.
Additionally, you have no idea what your situation is going to be in ten years. And what is an educational decision? Educational decisions are not limited to simply what school your child will attend. Should she be tutored in a certain subject? Who will the tutor be? Where will she go to get the tutoring? Is a choir trip to New York City educational? If so, who should decide if your daughter goes on that trip? What happens if one of you want your son to attend SAT preparation classes and the other parent believes it unnecessary. Should you and your former spouse have the independent right to make educational decisions? If so, then your former spouse could have your child doing something you don’t agree with. Or you both could do something similar at the same time. Should you have the exclusive right to make those decisions? Should your spouse have that exclusive right? Or should one of you have the exclusive right after conferring with the other parent?
When there are children, there are a myriad of issues in a divorce an experienced family lawyer can help you with. Educational decisions are just a drop in the bucket.
Who will make medical decisions? Will you get a second medical opinion when an invasive medical procedure is needed one of your children? Who will decide if my minor child can join the armed forces? Or get married? If you don’t have primary custody of your child, can you assure you are on the school records to get information about your child’s education? How can I prevent your ex-wife from moving across the country with your kids? Can you even prevent that? Can you call your kids when they are with the other parent? Your child is special needs, can you get more child support than the statutory minimum? What is the statutory minimum child support? If your child plays a sport, do you have to take him to practices and games when you have him? You want you ex to pay half of the sports costs, can you get that? You need to get a passport for your child, how do you get your ex to sign the paperwork? Your ex-spouse is taking the children out of the country on vacation, do you have the right to know where they are going and when? Do you have to agree to see your kids every other weekend? Your spouse and you want to agree no one should pay child support; can you do that?
This list of questions is just the tip of the iceberg. You really don’t know what you don’t know.
Further, it isn’t enough to simply consult an attorney at the beginning of the divorce and then write your decree yourself or check some boxes on a form. The wording of your divorce decree is everything. The absence or existence of a single word in a decree could determine if you have a specific right or not. Once you give up a right either accidentally or intentionally, it is difficult, if not impossible, to get that right back at a later date.
Remember the effort you put into planning your wedding? Please don’t spend any less time or effort in your divorce than you put into your wedding. Your family is at stake.
Ami J. Decker
www.famlawtex.com
Tuesday, February 7, 2012
How Much Does It Cost to Get Divorced?
People often ask me how much it costs to get divorced. Or how much their divorce is going to cost. That is not a straight-forward, easy question to answer. Especially with no information about a person’s particular situation.
Asking an attorney how much your divorce will cost is like asking a home builder how much will it cost to build a house. Answering that question requires a great deal of information. What type of foundation? How big do you want your house? One story or two? Brick or siding? What type of roof? Granite countertops in the kitchen? The list of information needed to determine the cost of a house goes on and on.
Same goes for a divorce. What do you and your spouse agree about? Anything? Do you have kids? How many? What are their ages? Do the children have special needs? Do both you and your spouse want custody? What kind of property do you have? What type of debt do you have? Is your spouse going to hire an attorney? Who is your spouse’s attorney? What issues does your spouse want to fight about? Is it everything? Or just one or two? As with a house, the list of information needed to determine how much your divorce is going to cost goes on and on. And as your divorce goes on, the estimate can go up or down depending on what happens. For example, if your spouse agrees to everything at first, the initial cost of your divorce could be relatively low. But what if sometime during the divorce process, your spouse discovers you have a new significant other. Now he wants to fight everything. With that change, the cost of your divorce just went up.
I always feel bad that I can’t give clients or potential clients a straight and clear answer regarding the total cost of their divorce. But to quote a solid price is unfair to you. I might be able to get in the ballpark, but if something in your case changes, that ballpark goes out the window.
Ami J. Decker
www.famlawtex.com
Asking an attorney how much your divorce will cost is like asking a home builder how much will it cost to build a house. Answering that question requires a great deal of information. What type of foundation? How big do you want your house? One story or two? Brick or siding? What type of roof? Granite countertops in the kitchen? The list of information needed to determine the cost of a house goes on and on.
Same goes for a divorce. What do you and your spouse agree about? Anything? Do you have kids? How many? What are their ages? Do the children have special needs? Do both you and your spouse want custody? What kind of property do you have? What type of debt do you have? Is your spouse going to hire an attorney? Who is your spouse’s attorney? What issues does your spouse want to fight about? Is it everything? Or just one or two? As with a house, the list of information needed to determine how much your divorce is going to cost goes on and on. And as your divorce goes on, the estimate can go up or down depending on what happens. For example, if your spouse agrees to everything at first, the initial cost of your divorce could be relatively low. But what if sometime during the divorce process, your spouse discovers you have a new significant other. Now he wants to fight everything. With that change, the cost of your divorce just went up.
I always feel bad that I can’t give clients or potential clients a straight and clear answer regarding the total cost of their divorce. But to quote a solid price is unfair to you. I might be able to get in the ballpark, but if something in your case changes, that ballpark goes out the window.
Ami J. Decker
www.famlawtex.com
Thursday, January 26, 2012
Structure of Family Law Courts
Tarrant County has six courts who hear all family matters for the County. Smaller counties not in metropolitan areas have what are called courts of general jurisdiction. Courts of general jurisdiction hear all kinds of matters: criminal, civil, and family. But because of the larger populations, counties like Tarrant and Dallas have courts that specialize in civil, criminal or family law.
Such is the case in Tarrant County. We have six district courts who hear all family law matters including Department of Family and Protective Services (DFPS): the 231st, 233rd, 322nd, 324th, 325th, and 360th. Additionally, the 323rd District Court hears some DFPS cases as well as all juvenile matters.
Each of the six family law courts have two judges: the Associate Judge and the District Court Judge. Some people refer to them as the "big" (District Court) and the "little" (Associate) judges. This is because the District Court Judge is essentially the "boss" of the Associate Judge. The District Court Judge is elected while the Associate Judge of the court is selected by the District Court Judge and appointed to the seat.
The Associate Judge and the District Judge have defined areas regarding what they hear. All hearings for Temporary Orders and enforcements (of child support and visitation) are heard by the associate judges. The District Court Judges generally hear all of the final trials, motions for continuance, and appeals of the rulings from their associate judges. In some courts, if both parties agree, the Associate Judge can hear the final trial for a case.
Hear are a few questions I am often asked about the courts here in Tarrant County:
Q: How do I know what court my case is in?
A: At the top of anything filed with the court is what is called the "caption." The first line is a number in the following format: XXX-XXXXXX-XX. The first three numbers is the court. The last two number is the year the case was initiated. You can also find the court on the right side of the caption.
Q: How is the court for my case picked?
A: It is randomly chosen by a computer program.
Q: Can I pick what court I want for my case?
A: No. Even if you get a court you don’t want and cancel your case (called a nonsuit) in hopes of filing again and getting a different court (this is called forum shopping in the legal community), the computer is smart enough to recognize the names of the parties and children and put you in the same court you had in the first place.
Q: What if I had a divorce years ago and now want to modify child support or visitation for my children? Will I get a new court?
A: No. When a court has jurisdiction over a child in any matter, that court has what is called "continuing, exclusive jurisdiction" over that child. Therefore, if three years after your divorce you want to modify your child support, you will end up in the same court you had for your divorce. The only way to potentially change this is if the child moves out of the county and remains for at least six months. In this situation, you would need to consult a lawyer to find out how you can change courts.
Ami J. Decker
www.famlawtex.com
Such is the case in Tarrant County. We have six district courts who hear all family law matters including Department of Family and Protective Services (DFPS): the 231st, 233rd, 322nd, 324th, 325th, and 360th. Additionally, the 323rd District Court hears some DFPS cases as well as all juvenile matters.
Each of the six family law courts have two judges: the Associate Judge and the District Court Judge. Some people refer to them as the "big" (District Court) and the "little" (Associate) judges. This is because the District Court Judge is essentially the "boss" of the Associate Judge. The District Court Judge is elected while the Associate Judge of the court is selected by the District Court Judge and appointed to the seat.
The Associate Judge and the District Judge have defined areas regarding what they hear. All hearings for Temporary Orders and enforcements (of child support and visitation) are heard by the associate judges. The District Court Judges generally hear all of the final trials, motions for continuance, and appeals of the rulings from their associate judges. In some courts, if both parties agree, the Associate Judge can hear the final trial for a case.
Hear are a few questions I am often asked about the courts here in Tarrant County:
Q: How do I know what court my case is in?
A: At the top of anything filed with the court is what is called the "caption." The first line is a number in the following format: XXX-XXXXXX-XX. The first three numbers is the court. The last two number is the year the case was initiated. You can also find the court on the right side of the caption.
Q: How is the court for my case picked?
A: It is randomly chosen by a computer program.
Q: Can I pick what court I want for my case?
A: No. Even if you get a court you don’t want and cancel your case (called a nonsuit) in hopes of filing again and getting a different court (this is called forum shopping in the legal community), the computer is smart enough to recognize the names of the parties and children and put you in the same court you had in the first place.
Q: What if I had a divorce years ago and now want to modify child support or visitation for my children? Will I get a new court?
A: No. When a court has jurisdiction over a child in any matter, that court has what is called "continuing, exclusive jurisdiction" over that child. Therefore, if three years after your divorce you want to modify your child support, you will end up in the same court you had for your divorce. The only way to potentially change this is if the child moves out of the county and remains for at least six months. In this situation, you would need to consult a lawyer to find out how you can change courts.
Ami J. Decker
www.famlawtex.com
Saturday, January 7, 2012
Out of the Mouths of Babes
I often tell my clients the most important people in a divorce are the children. When parents get caught up in their feelings for their spouse - the hate and the anger- they tend to forget how their actions and what they say affect their children.
I was reminded of this as I read an article on huffingtonpost.com which identified rules children would want their parents to follow after a divorce. Something as simple as one parent talking badly about the other parent can cause a child distress. The children didn’t ask for the divorce.
As much as you may hate your spouse or former spouse, that person is still your child’s other parent; a person your child loves just as much as he loves you. It is the person your child looks to just as much as he looks to you for direction, for a hero, for love.
If you have children and are going through a divorce or have already gone through a divorce, please take the time to read this article, and keep it in mind if you’re going through this very stressful event: http://www.huffingtonpost.com/kara-bishop/if-your-kids-could-make-t_b_1171554.html.
I was reminded of this as I read an article on huffingtonpost.com which identified rules children would want their parents to follow after a divorce. Something as simple as one parent talking badly about the other parent can cause a child distress. The children didn’t ask for the divorce.
As much as you may hate your spouse or former spouse, that person is still your child’s other parent; a person your child loves just as much as he loves you. It is the person your child looks to just as much as he looks to you for direction, for a hero, for love.
If you have children and are going through a divorce or have already gone through a divorce, please take the time to read this article, and keep it in mind if you’re going through this very stressful event: http://www.huffingtonpost.com/kara-bishop/if-your-kids-could-make-t_b_1171554.html.
Ami J. Decker
www.famlawtex.com
Sunday, January 1, 2012
How to Choose a Family Law Lawyer
How do you find a lawyer that is right for you if you are going through a divorce, fighting a custody battle, or trying to get your ex-spouse to pay child support in Texas? First things first: It is important to choose a lawyer whose primary focus is family law. If you are located in a more rural area of Texas, most lawyers handle a variety of legal issues so look for someone who regularly handles family issues.
To start, ask around. Chances are you have family members or friends who have needed a lawyer for family law issues. They may have had someone who worked out really well for them or didn’t work out at all. A lawyer who focuses on family law, will know the ins and outs of the Texas Family Code and the idiosyncrasies that would easily trip up a lawyer who does not work in family law on a regular basis.
Also important is choosing a lawyer who regularly practices in your county. A lawyer who stands before the judges in your county on a regular basis will, in many cases, be able to tell you what is likely and unlikely to happen in your court in your particular situation. Further, you won’t have to be concerned about your lawyer being "hometowned." In some jurisdictions, particularly in less-populated counties in Texas, a lawyer coming from another county who does not normally practice in the jurisdiction may not be treated as welcoming as a lawyer who is in that court all the time. An out-of-town attorney may have to figure out what the local court rules are and what the normal practices may be. For example, do you stand when you question witnesses or is it customary in that court to remain seated at the table? Even on both sides of the Dallas/Fort Worth metroplex you have to be aware of how often your lawyer practices in that county. In some situations, it is better to find a lawyer who regularly practices in Tarrant County. A Dallas lawyer traveling to Tarrant County who rarely, if ever, practices in Fort Worth may have struggles.
Always meet your potential lawyer in person. Although it may be annoying or pricier paying for an initial consultation with a lawyer, and then doing so with several lawyers, it is the best way to see if a lawyer is the right one for you. An initial consultation serves several purposes for someone on the hunt for a family law attorney. It is a great way to get a feel for what the law says about the important matters in your specific divorce. Look at an initial consultation as an interview of someone you want to hire. Does the lawyer have experience in the areas most significant to your situation? For example, if you have a family business and you are getting a divorce, does the attorney have experience with business valuations and negotiating the division of businesses? If Child Protective Services (CPS) is involved in your case, does the attorney have experience in CPS cases? If you are going to have a custody battle on your hands, does the lawyer have a good bit of experience in this area? If an attorney is strictly a family lawyer, chances are they have plenty of experience in all these areas; but it is good to ask the questions to make sure.
Something else important when meeting with lawyers is to determine if you think your personality will work well with the personality of the lawyer. Additionally, does the lawyer have the personality you need for your case? For example, do you want an aggressive lawyer who will need to fight for everything because the opposing party (your spouse, your ex-spouse or parent of your child) is confrontational about everything? If so, a lawyer who seems meek may not be the right fit for your situation. Conversely, if you and your spouse are getting a divorce and are relatively amicable about everything, you probably don’t want a lawyer who thrives on going into court and fighting it out for every little item. It is also good to keep in mind that some lawyers can play both roles - if the situation calls for aggression, the lawyer can take the reins and fight it out. But if you and your spouse are fairly amicable toward each other, that same lawyer can work with you to reach a resolution.
In the initial consultation, you will want to find out what the lawyer’s hourly rate is and what his or her initial retainer is. Keep in mind that a lawyer’s initial retainer is NOT necessarily what your case will cost. It is just the amount that gets you started.
The bottom line is, spending some time and money at the beginning of your case to find the right lawyer, will save you pain and suffering later on and can even save you money on the back end.
Ami J. Decker
www.famlawtex.com
To start, ask around. Chances are you have family members or friends who have needed a lawyer for family law issues. They may have had someone who worked out really well for them or didn’t work out at all. A lawyer who focuses on family law, will know the ins and outs of the Texas Family Code and the idiosyncrasies that would easily trip up a lawyer who does not work in family law on a regular basis.
Also important is choosing a lawyer who regularly practices in your county. A lawyer who stands before the judges in your county on a regular basis will, in many cases, be able to tell you what is likely and unlikely to happen in your court in your particular situation. Further, you won’t have to be concerned about your lawyer being "hometowned." In some jurisdictions, particularly in less-populated counties in Texas, a lawyer coming from another county who does not normally practice in the jurisdiction may not be treated as welcoming as a lawyer who is in that court all the time. An out-of-town attorney may have to figure out what the local court rules are and what the normal practices may be. For example, do you stand when you question witnesses or is it customary in that court to remain seated at the table? Even on both sides of the Dallas/Fort Worth metroplex you have to be aware of how often your lawyer practices in that county. In some situations, it is better to find a lawyer who regularly practices in Tarrant County. A Dallas lawyer traveling to Tarrant County who rarely, if ever, practices in Fort Worth may have struggles.
Always meet your potential lawyer in person. Although it may be annoying or pricier paying for an initial consultation with a lawyer, and then doing so with several lawyers, it is the best way to see if a lawyer is the right one for you. An initial consultation serves several purposes for someone on the hunt for a family law attorney. It is a great way to get a feel for what the law says about the important matters in your specific divorce. Look at an initial consultation as an interview of someone you want to hire. Does the lawyer have experience in the areas most significant to your situation? For example, if you have a family business and you are getting a divorce, does the attorney have experience with business valuations and negotiating the division of businesses? If Child Protective Services (CPS) is involved in your case, does the attorney have experience in CPS cases? If you are going to have a custody battle on your hands, does the lawyer have a good bit of experience in this area? If an attorney is strictly a family lawyer, chances are they have plenty of experience in all these areas; but it is good to ask the questions to make sure.
Something else important when meeting with lawyers is to determine if you think your personality will work well with the personality of the lawyer. Additionally, does the lawyer have the personality you need for your case? For example, do you want an aggressive lawyer who will need to fight for everything because the opposing party (your spouse, your ex-spouse or parent of your child) is confrontational about everything? If so, a lawyer who seems meek may not be the right fit for your situation. Conversely, if you and your spouse are getting a divorce and are relatively amicable about everything, you probably don’t want a lawyer who thrives on going into court and fighting it out for every little item. It is also good to keep in mind that some lawyers can play both roles - if the situation calls for aggression, the lawyer can take the reins and fight it out. But if you and your spouse are fairly amicable toward each other, that same lawyer can work with you to reach a resolution.
In the initial consultation, you will want to find out what the lawyer’s hourly rate is and what his or her initial retainer is. Keep in mind that a lawyer’s initial retainer is NOT necessarily what your case will cost. It is just the amount that gets you started.
The bottom line is, spending some time and money at the beginning of your case to find the right lawyer, will save you pain and suffering later on and can even save you money on the back end.
Ami J. Decker
www.famlawtex.com
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