Houston Divorce BLOG

Delay while trying to get an agreement

John K. Grubb — Sun, 13 Jan 2008 18:11:44 +0000

One of the most difficult issues involves delaying Court proceeding in expectation that the other side is going to agree. Most frequently this is fueled by a desire of the client not to go to court or the feeling of the client that the other side will be reasonable. First, going to Court is not all that bad. Secondly, the other side frequently delays for strategic reason (which is usually bad for you). Finally you must accept the fact that your spouse may not settle because of spite.

I recently had a client delay going to court because he thought that his spouse was going to be cooperative in selling the house. In fact, all that happened is the sale of the house was delayed for several months — exactly what his spouse wants.

I have seen other cases where a spouse simply cannot believe that his or her spouse will not eventually agree to settle. They keep delaying, delaying, and then are surprised when the case is called for trial and they are unprepared.

I have found the easiest way to settle an issue is get the case prepared, set a trial or hearing date, make a reasonable offer, and then be prepared to let a Judge decide the issue if the other side will not timely settle.

Jury Selection

John K. Grubb — Sun, 13 Jan 2008 17:58:08 +0000

This past week I helped a fellow attorney select a jury in a case where the children when they were with mom had a large number of tardies and absences for no apparent reason. We lucked out with the jury panel. One of the members of the panel was a principal. I got to ask her about a dozen questions about the effect of tardies and absences on children. While she was not selected for the jury, she got the point across to the jury — parents who cannot get their children to school on time or allow their children to stay home for no real reason are damaging their children’s education.

Retirement

John K. Grubb — Mon, 24 Sep 2007 21:20:30 +0000

WILL MY SPOUSE BE ENTITLED TO SOME OF MY RETIREMENT AFTER OUR DIVORCE?
WHAT CAN I DO TO PREVENT MY SPOUSE FROM GETTING SOME OF MY RETIREMENT AFTER OUR DIVORCE?

BY JOHN K. GRUBB
Almost all retirement plans fit into one of two categories: a defined contribution plan or a defined benefit plan. A defined contribution plan is like a saving account — you and sometimes your employer make contributions to a plan or an account which you may use for your retirement. Some examples of defined contribution plans are 401k plans, 403b plans, individual retirement accounts, and Roth IRAs. A defined benefit plan is one where the employer or union agree that when you reach a certain age, you will receive a monthly stipend.

People argue all the time that since they cannot get their retirement until they retire or since their retirement benefits are unmatured the Court should not award their spouse a portion of their retirement upon divorce. However, the Courts look upon retirement benefits, whether defined contribution plans or defined benefit plans, as an asset that was earned during the marriage. Therefore, the Courts will divide retirement benefits upon divorce. Since each type or retirement plan is different, Congress passed a law providing that in addition to the Divorce Decree, the Court is to enter a Qualified Domestic Relations Order (QDRO) spelling out how retirement benefits are to be divided.

There are three ways that you can prevent your spouse from getting a portion of your retirement upon divorce. First, before you get married you and your dearly beloved can enter into a prenuptial agreement providing that all retirement benefits will remain your separate property. Secondly, while married, you and your spouse may enter into a post marital agreement, dividing some or all of your marital assets and making arrangements for you to retain all of your retirement benefits. Finally, as part of a divorce settlement you can buy your spouse out of your retirement benefits.

John K. Grubb

Attorney at Law

4600 Post Oak Place, Suite 301

Houston, Texas 77027

713-877-8800

www.johnkgrubb.com

www.houstonpremarital.com

Bachelor of Business Administration and Masters of Business Administration from the University of Texas at Austin. Doctor of Jurisprudence from South Texas College of Law in Houston.

Licensed by the Supreme Court of Texas, United States District Court for the Southern District of Texas, and the United States Court of Appeals, Fifth Circuit. Practiced law in Houston since 1972.

AV Peer Review Rated by Martindale-Hubbell Peer Review Rating as of 2007.

Board Certified, Civil Trial Law, Texas Board of Legal Specialization

Alimony Rules in Texas

John K. Grubb — Fri, 01 Jun 2007 16:58:05 +0000

Texas has adopted “rehabilitation alimony.” Generally, alimony may be awarded to a spouse if the marriage was of at least 10 years duration and the spouse who is seeking alimony lacks sufficient property to provide for their minimum reasonable needs and:

is unable to support himself or herself through appropriate employment because of an incapacitating physical or mental disability;
is the custodian of a child with a physical or mental disability that precludes employment outside the home; or
clearly lacks earning ability in the labor market to provide for their minimum reasonable needs.

If you or your spouse is seeking alimony, let us help explain the requirements and make sure you qualify for the financial support you are seeking.

Texas Child Custody Rules

John K. Grubb — Mon, 21 May 2007 14:14:28 +0000

When children are involved in a divorce settlement, the situation can easily get out of control if not managed properly. If you and your spouse can agree on custody, the Court will almost always approve your written agreement. If you and your spouse cannot work out an agreement, the Court will decide custody. A custody battle is extremely expensive and destructive. John K. Grubb and Associates is dedicated to settling custody disputes in the most efficient and least destructive means possible.

Texas Child Support Rules

John K. Grubb — Fri, 18 May 2007 13:22:43 +0000

When child custody is being decided, it is also necessary to discuss child support. The State of Texas has established guidelines to determine child support based upon the parent’s net resources. The definition of net resources is quite long — for most people, it means all wage and salary income and other compensation for personal services, interest, dividends, royalty income, self-employment income and net rental income, less social security taxes and federal income tax withholding for a single person claiming one personal exemption and the standard deduction. We have experience in calculating this figure and presenting it to the Court in a manner that will produce the best possible results.

Texas Child Visitation Rules

John K. Grubb — Fri, 11 May 2007 13:15:46 +0000

The Texas Legislature has considered the importance of parental involvement in child development and established minimum imitation schedules for Texas. While not all families are the same, visitation hours are by no means uniformly set. We will make sure visitation is set in a fair manner best for all parties involved.

Family Violence in Texas

John K. Grubb — Fri, 04 May 2007 14:25:27 +0000

All too frequently, divorcing couples have had a long history of inflicting physical harm or bodily injury upon one or both of the parties. The Courts will not tolerate any family violence. The Court can enter a protective order that prohibits one person from committing family violence against another. The protective order usually goes so far as to prohibit one person from even going near the other person’s residence or place of employment. A copy of the protective order is given to the police. Trust John K. Grubb and Associates to make sure your family is safe through all legal means available.

Premarital and Marital Property Agreements

John K. Grubb — Wed, 02 May 2007 16:40:28 +0000

Anytime prospective spouses have substantial assets, children from other marriages, partnership or business agreements, or other assets, it might be suitable for the partners to enter into a Premarital Agreement defining the respective rights and obligations of each party. Texas Courts have taken the position in recent years that they will uphold the enforcement of any marital agreements and there are very few exceptions where a party can avoid the effects of a premarital agreement. As a practical matter in preparing a premarital agreement it is necessary that each party to the agreement have their own attorney.

Tips For Testifying In Texas Courts

John K. Grubb — Mon, 30 Apr 2007 15:02:13 +0000

When you filed your divorce, you thought you and your spouse would be able to agree upon everything, and you would get a divorce as soon as the minimum waiting period passed. Of course, one of the reasons you wanted a divorce is that your spouse is a very uncooperative person. And of course, once you started the divorce, your spouse showed his or her uncooperative nature again, has refused to settle anything. The only way out is to actually go to court on your divorce.

You receive a call from your attorney advising you that the case is set for trial on a certain date. All of a sudden, you are facing the prospect of having to actually testify about the peculiar facts of your case. Of course, you know that the Judge will administer an oath to you along the lines of “do you promise to tell the truth, the whole truth, and nothing but the truth?” You also know it is perjury to go into court and lie. You would not do that. However, you have never testified before in court. You do not have any idea what to expect. Here are some very practical tips for testifying in court:

Listen to the question. Make certain you understand the question. If you do not understand the question, ask the attorney to repeat the question.
Repeat the question in your head.
Answer the question with the shortest answer consistent with the truth, and shut up.
Do not volunteer information.
Do not get angry.
Answer the question truthfully, even if the answer hurts you.
Watch out for the compound question.
Watch out for the question that assumes facts that are not true.
Watch out for questions that give a wrongful summation of the facts.
Do not characterize your testimony.
Try to avoid using absolute words, like “no”, “never”, and “all”.
Avoid getting boxed in with “everything you remember”, or “everything you know”.

If you live in a city that has a number of different courts, I strongly suggest that you take a day off, go to the courthouse, and watch several trials. I do suggest that you do not go in the courtroom before the judge that you will actually appearing before, in your case. Instead, watch a criminal case, a personal injury case, probate case, or a divorce case in another court. It is best to find a court that is actually conducting a trial, whether there is a jury, or a bench trial, or the judge is conducting a formal hearing, with the witness on the witness stand, counsel at counsel tables, and different witnesses.

You cannot remake the facts of your case. However, by diligent preparation before you go to trial, you will enhance the probability that the court will look favorable upon the facts of your case.