Austin Divorce Help

Austin Divorce Talk Podcast Now Available for Texans Facing Divorce

Cristi Trusler — Wed, 04 Apr 2012 20:44:18 +0000

Trusler Legal PLLC, a family law firm in Austin, Texas recently created the Austin Divorce Talk podcast. The podcast will be a free series of interviews with Board Certified Family Law Attorney, Cristi Trusler about the issues couples deal with when they’re divorcing.

Austin, Texas April 5, 2012 – Austin Divorce Talk, a podcast about divorce in Austin, has just been released and is available to listeners for subscription in the iTunes Podcast Directory. The Austin Divorce Talk podcast focuses on the issues couples deal with when they’re divorcing. You can find out more about the podcast here:
http://www.austindivorcehelp.com/austin-divorce-talk/

The most recent episode, The Austin Divorce Guide, features information on divorce basics including process options, dividing your property, handling issues related to children, spousal maintenance (or alimony) and how to find a lawyer.

Podcast host Cristi Trusler says, “Most people don’t know much about divorce unless they’ve dealt with it themselves. We try to make free divorce educational information available in as many formats as possible. The Austin Divorce Talk podcast was something we’ve wanted to do for some time because it makes it easy for people to get the information they need about divorce at any time.”

Anyone can subscribe for free to the Austin Divorce Podcast by going to iTunes:
http://itunes.apple.com/us/podcast/austin-divorce-talk/id511212670

For more information about Trusler Legal PLLC, Cristi Trusler or the Austin Divorce Talk podcast, call 512-481-0330 or email media@truslerlegal.com. You may also visit their firm website at http://www.truslerlegal.com.

The Original Post is Located Here: Austin Divorce Talk Podcast Now Available for Texans Facing Divorce

Austin Divorce Guide Audio Interview

Cristi Trusler — Tue, 07 Feb 2012 22:20:50 +0000

The Austin Divorce Guide Audio is a recording of an interview with Board Certified Divorce Lawyer Cristi Trusler as she takes you step by step through the divorce process and discusses what you need to know before you proceed with a divorce here in Austin.

Subscribe in iTunes

The Original Post is Located Here: Austin Divorce Guide Audio Interview

Is Your Divorce Lawyer a Lamb, a Pit Bull or a Fox?

Cristi Trusler — Mon, 06 Feb 2012 22:23:11 +0000

I’ve worked with a lot of divorce lawyers over the years and it’s safe to say that not all are created equal. In fact, there are probably just as many styles as there are attorneys. Generally, I’ve learned that most of the lawyers fit into one of three categories. I describe each of these categories as a different animal. I call them the lamb, the pit bull and the fox.

Lambs are docile and gentle animals. They are often depicted representing peace and harmony. Lawyers that I categorize as lambs act in a similar fashion. Lambs are not proactive, they are reactive. They prefer to avoid confrontation, but instead seek the path of least resistance. Typically, these attorneys will avoid going to court to try a case, often advising their clients to, even if it is not in their best interest. Fortunately for their clients, lawyers who are lambs do not last in the business very long.

Pit bulls are quite the opposite of lambs. They are also much more common. Pit bulls have the reputation for vicious attacks and relentless pursuit of their prey without thought. Similarly, lawyers in this category tend to take great pleasure in fighting and drawing blood. These attorneys enjoy their “bad boy” reputation, and the fear it invokes in whomever they are facing on the other side of the courtroom. To the inexperienced, this may seem like a good tactic. Unfortunately, this tactic can be detrimental to the client.

Pit bulls will often fight to the death, regardless of who gets hurt, including themselves. It is this trait that frequently leads pit bull lawyers to advise a client to turn down a settlement just so they have an opportunity to battle in court. In many cases, their clouded vision and “out for blood” mentality can prove quite costly to the client.

Unfortunately, many people facing divorce think they need a pit bull lawyer. They want someone who is aggressive. This is the wrong thing to look for. You want an assertive lawyer, not necessarily someone who is mindlessly aggressive. There is a big difference. You want a fox.

Foxes are unique creatures. They are often identified as being “cunning” or “wise.” They are highly intelligent, thinking animals. Lawyers who behave like foxes are able to see the big picture. She is always aware of the consequences that her actions have on her client. The advice the fox gives is well thought out and balanced, and she always has her client’s best interest in mind.

The fox recognizes that it’s always preferable to reach a reasonable agreement instead of going to court and leaving it up to a judge to decide your family’s future. However, if a reasonable agreement isn’t possible, the fox is prepared to effectively litigate the case in court. If it best serves her client, the fox attorney will be assertive and stand her ground.

My advice to you is to avoid the lambs and the pit bulls when you’re trying to find a divorce lawyer. Find yourself a fox.

The Original Post is Located Here: Is Your Divorce Lawyer a Lamb, a Pit Bull or a Fox?

Can I get the court to require my spouse to pay my legal fees?

Cristi Trusler — Wed, 01 Feb 2012 07:43:56 +0000

Although the court may allow you to use community property to pay some legal fees while the divorce is pending, for the most part, judges tend to expect each party to pay for their own attorney.

The Original Post is Located Here: Can I get the court to require my spouse to pay my legal fees?

Will everything be split 50/50 since Texas is a community property state?

Cristi Trusler — Wed, 01 Feb 2012 07:42:44 +0000

It’s true that Texas is a community property state, but that doesn’t mean that everything will be split 50/50. The Texas Family Code gives the courts the ability to make a “just and right” division of the community property. (See Chapter 7 of the Texas Family Code: Award of Marital Property) But again, a “just and right” division doesn’t necessarily mean a 50/50 split.

The Original Post is Located Here: Will everything be split 50/50 since Texas is a community property state?

Who pays for mediation?

Cristi Trusler — Wed, 01 Feb 2012 07:14:54 +0000

Generally speaking, both parties involved are each responsible for 50% of the cost. In addition to private mediation, there are also some government sponsored programs which tend to be less expensive, and can be paid for by either or both parties.

The Original Post is Located Here: Who pays for mediation?

Who will get custody of the kids?

Cristi Trusler — Wed, 01 Feb 2012 07:13:20 +0000

Texas courts assume that most cases involving children will have joint managing conservatorship. In a JMC, both of the parties will have an equal say in raising the kids (more or less.)

However, in most of these cases, one of the parents will determine where the child will live for purposes of school. The other parent typically has a visitation schedule and pays child support.

You can learn more about the issues related to children and divorce by watching our Child Conservatorship video and the videos that follow it.

The Original Post is Located Here: Who will get custody of the kids?

How long do I have to be in Texas before I can file for divorce here? And, what county do I have to file in?

Cristi Trusler — Wed, 01 Feb 2012 07:12:03 +0000

In order to file for divorce in Texas, at least one spouse has to have been living in Texas for the past 6 months. The spouse will also need to have been living in the county you’ll be filing for divorce in for the past 90 days.

So for example, if the husband is living in Colorado and the wife has been living in Texas for at least the last 6 months and in Travis county for the last 90 days, the couple can file for divorce in Travis county.

The Original Post is Located Here: How long do I have to be in Texas before I can file for divorce here? And, what county do I have to file in?

What is a retainer?

Cristi Trusler — Wed, 01 Feb 2012 07:10:28 +0000

If you’ve spoken to an attorney, no doubt you’ve heard about retainers. But do you know what they are and how they work? A retainer account or trust account works a little bit like a checking account. For example, if you come to meet with me about a divorce and I tell you that I think your case will cost about $2,500, I’ll ask for a $2,500 retainer. That means that you’ll pay $2,500 and we’ll hold it in a trust account. As work gets completed, we pay ourselves out of that trust account. We don’t use any of the retainer money until we’ve earned it.

You may be wondering what happens to the interest that gets earned while the money is sitting in the trust account. The Texas State Bar collects all of that interest and uses it to fund legal services for the poor in Texas.

The Original Post is Located Here: What is a retainer?

What are the child visitation schedules?

Cristi Trusler — Wed, 01 Feb 2012 07:02:13 +0000

We’ve answered this question in detail as a part of our Austin Divorce Seminar video series. You can also go directly to the video that discusses child visitation schedules.

One thing to keep in mind when it comes to visitation schedules is that the parents can agree to any visitation schedule that you like. The key word is agree. If you would like to have possession of your children on a day that isn’t normally your day, that’s fine as long as both parents agree on it.

The visitation schedules (or possession and access schedules) are usually only used when and if the parents are unable to agree. So if you aren’t able to agree on who should have the kids on a specific date, you can just reference the visitation schedule in your Final Decree of Divorce.

There are 4 common schedules that most of our clients use.

Standard Possession Schedule
Extended Standard Possession Schedule
Wrap or 2-2-5 Possession Schedule
Week On/Week Off Possession Schedule

I won’t go into the specifics of each of them here because they’re covered in detail in the child visitation or possession video.

We also occasionally develop custom possession schedules for clients.

The Original Post is Located Here: What are the child visitation schedules?