Williamson County Family and Divorce Attorney

Preparing to Meet with an Attorney

2009-10-12T13:06:00.000-07:00

In some ways, meeting with an attorney is similar to a trip to the doctor. When you see a doctor, you usually already know what questions you plan to ask, and are ready to describe your symptoms in great detail so that he or she can properly diagnose the problem. For an attorney to give you an informed legal assessment of your particular case, you’ll need to approach your meeting in the same way. The following are some tips in preparing for your initial legal consultation:

1. Make a list of your questions. People who come in without a list inevitably realize afterwards they forgot to ask something important;

2. Bring all legal documents that you’ve received from the court, another attorney, or the opposing party (such as a Petition for Divorce, Temporary Restraining Order, or Waiver of Service). If you’ve already filed any documents yourself, you should bring those as well;

3. If you plan to discuss dividing your property or child support, bring your recent financial statements, tax returns and paystubs; and

4. Bring any other documents that you believe may be relevant to your case…it never hurts to be over-prepared (such as emails between you and your spouse, criminal records, pictures, etc.).

With these tips, you can relax. A good attorney should be able to answer your questions, and help you evaluate the next steps.

Attitudes That Contribute to Marital Conflict

2009-09-25T10:39:00.000-07:00

By the time people come to me to initiate divorce proceedings, they are usually well-beyond hope that reconciliation with their spouse is possible. Each story begs the question of how these couples went from loving each other to wondering why they ever married to begin with. I once heard a family psychologist talk about this phenomenon in terms of certain mindsets, or biases, that contribute to spouses becoming so polarized that they’re ready to call it quits.

The first is the confirmation bias, meaning we all tend to only notice actions that confirm what we already believe. A study once showed that child therapists, who were convinced prior to an interview with a child that the child had been abused, almost always concluded that the child had been abused. In other words, they only focused on the evidence that supported their pre-existing biases. In a marriage, this bias “rewrites” the story of the relationship, because each spouse only notices the things their other half is doing wrong, to the exclusion of any of the other’s redeeming qualities, or their own contribution to the conflict. This combined with an unwillingness to forgive or change is a relationship killer.

The second is the bias that pain felt is more painful than pain inflicted. The best example of this is another study that asked one participant to squeeze the other’s index finger. The other participant was then asked to squeeze the previous participant’s finger with an equal amount of force. The second squeeze was always harder. If a spouse’s reaction to pain is to inflict pain on the other, it’s inevitably disproportionate, and perpetuates a cycle with devastating consequences.

Understanding these biases doesn’t alleviate pain, but it offers insight into attitudes that have to be adjusted if reconciliation can ever be an option. Both spouses have to acknowledge their hurtful actions, and stop withholding forgiveness. This doesn’t mean the pain goes away, but it allows an opportunity for healing without piling on even more wounds.

What You Should Know About An Uncontested Divorce

2009-09-17T09:11:00.001-07:00

An “uncontested divorce” occurs when divorcing spouses agree on the terms of their divorce on their own and without going to court. In many uncontested cases, the parties have already reached an agreement before any attorneys are hired. In such cases, an attorney can draft the necessary legal documents reflecting the agreement, and finalize the divorce.

But beware; many people believe that one attorney can represent both parties. This isn’t true. The rules of ethics governing attorney conduct prevent one attorney from representing both sides to a divorce. If your spouse hires an attorney to finalize your agreement, remember that your spouse’s attorney has no legal duty to protect your rights, and only represents the interests of your spouse. This doesn’t necessarily mean that your spouse’s attorney will lie to you or try to cheat you, but it’s always wise to have your own attorney review any paperwork the other attorney drafts before you sign it.

Unfortunately, I’ve had many people come to my office after it’s too late: they’re unhappy with the terms of their divorce, but they’d already signed an agreement drafted by their spouse’s attorney. Sometimes they signed even though they didn’t understand it, but often it’s because they relied on their spouse or their spouse’s attorney to explain the document and assure them it was okay to sign. In Texas, if a mentally competent adult signs an agreement or contract voluntarily, even without reading or understanding it first, it’s virtually impossible for them to get out of it later.

The good news is that an uncontested divorce is far less expensive than a contested case, and it can often be finalized in about 90 days. If it’s done right, time and money isn’t the only thing you’ll save; you’ll avoid the emotional strain and heartache that goes along with a protracted legal battle.

How to Find the “Legal Description” of Your Home

2009-08-31T09:49:00.000-07:00

In many divorces, the parties agree that one of them will keep the marital residence in the final division. Your attorney will not only have to draft an order that states which party keeps the house, but will also need to draft documents called deeds. These are legal instruments that transfer ownership from one party to another, and protect the party transferring the home in the event the receiving party defaults on the mortgage. Your attorney will need the full legal description of your home to draft these documents.

The legal description is more than just the physical address; it’s what describes the exact location of the property in the county records (most descriptions start with something like this: LOT, BLOCK 2, A SUBDIVISION OF…). If you do not provide this information to your attorney, he or she will have to look it up, and charge you for the time. Since this is something simple you can do on your own, there’s no point in paying your attorney to do it for you. Here’s how to find the legal description of your property in both Williamson and Travis counties:

Williamson County

Go to www.wcad.org
Click the Begin Search link
Click Owner Search on the left-hand side of the page and enter the owner’s name
Click on the link under Property ID that corresponds with the owner’s name
Under the Parcel Information heading is the Legal Description of the property which will include the neighborhood, section #, block #, and lot # (for example, BRUSHY CREEK NORTH SEC 2, BLOCK 13, LOT 6)

Travis County

Go to www.traviscad.org
Click the Property Search link
Under the Real Property heading, select Owner’s Name
Enter the owner’s last name (followed by a space and the first name or initial if desired)
Click on the link under Property ID that corresponds with the owner’s name
The legal description is in the top left box next to Legal (for example, LOT 10, BLK G, SIERRA VISTA II)

Opening of the Law Office of Jay D. Smith

2009-08-24T14:42:00.000-07:00

After practicing family law for the past four years at the law firm of Akins, Nowlin & Prewitt, LLP, in Round Rock, Texas, I officially opened the doors of my new firm, Law Office of Jay D. Smith, on August 24, 2009.

I will continue to practice exclusively family law, including divorce, child custody, child support, enforcement actions, modifications, asset division, grandparent access, adoptions, and a variety of other family related issues, serving clients living in Williamson and Travis counties.

On the resource page of my website and on my blog, I’ll periodically post useful information for people thinking about hiring an attorney, and for those already involved in a family law controversy.

If you have more questions about a specific legal issue, or would like to schedule a consultation, please call 512.340.0002, or email me at jay@jaysmithlaw.com.