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Category: Blog

How Does Mental Illness Impact Your Parental Rights?

young father showing something to his son at the lookout

A parent’s mental illness is taken into consideration when it comes to child custody, and a judge looks at various factors to determine if your mental illness will impact your custody. Parents who have difficulties with mental health often have issues with child custody schedules, especially at the beginning of the custody negotiations.

The goal of the court is to look out for the best interests of the children, which sometimes means limited access for a parent with mental health problems. Although, as the condition improves or specific arrangements are made, the parent who suffers from mental illness may have the opportunity for more access and time spent with children.

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Business Owners and Divorce

Michelle

Business Owners and Divorce

Attorney Michelle Schmidt understands small businesses having owned her own first small business at the age of 17.  She also spent 10 years assisting business owners at both JP Morgan Chase and American Express Business Finance with complex issues such as business financing, asset valuation, inventory issues, intellectual property, good will and everything else that a small or medium size business owner faces including intangibles.  That knowledge and experience makes Michelle uniquely qualified to assist business owners as they navigate the divorce process.   Division of business interests in divorce can be one of the most complex issues in the community property division equation.

With Nearly 40 Years of Experience Our Firm has Represented Business Owners through the Divorce Process Hundreds of Times

Whether your business generates $250,000 in revenue or $250,000,000, a thorough understanding of the various types of business entities makes all the difference. A Business evaluation and forensic accountants who knows what they are doing ensures that accurate information is obtained.  “Garbage in, Garbage out” must be avoided.  If the data that an expert is providing is faulty, there can be no just and right division of any community property interest that a may exist in the marriage.  Understanding the exact nature of your business entity and the business organizational documents filed with either the Texas Secretary of State or another State entity requires sophistication that is beyond many family lawyer’s experience.

These challenging issues, require experience, attention to detail, and business sophistication – please contact our team as early in the divorce process as possible in order to avoid any unforeseen consequences.  We do provide free consultations – read our blog post to understand why we offer consultations at no charge – it will make a lot of sense.

Call us 281-550-6659 to schedule an appointment and if possible bring your business organization documents to jump start the process.

4 Things to Know Before Going to Your Divorce Mediation

One of the biggest steps in some divorce processes is the mediation. Through mediation, the parties and their attorneys meet and discuss the division of assets, along with other elements of a divorce like child custody.  It is important to note that a mediation is by far the most cost effective manner in which to settle a heated divorce case.  In most counties in the Houston are, mediation is REQUIRED prior to a formal temporary orders hearing.  Mediation is also REQUIRED prior to trial.

In many cases, the mediation process gives each spouse a chance to split up assets fairly without the decision being put to a judge through a trial. The idea of a mediation may be overwhelming for many people, so preparation is often key.

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Contested, Uncontested, Flat-fee, Hourly … WHAT?

Why am I being charged hourly instead of having a “flat fee”?

Many lawyers and law firms that work in the area of family law, label cases and “categorize” a case by looking at the level of conflict that exists between the parties.  Are the parties calm, cool and ready to proceed with their lives, or are they angry and bitter and itching to fight.

Many attorneys and firms such as C.E. Schmidt and Associates classify a case as an “amicable” case when the parties to the conflict are in agreement with respect to the terms and conditions of the ultimate outcome.  For instance, if the spouses have been able to set aside strong emotions and have worked together to make difficult decisions such as how the equity in the house will be divided or with whom the children will live the majority of the time – a flat fee – one fee that covers the legal work from beginning to end is the way to go.  When couples agree to be agreeable and can formulate a workable plan, the attorney can execute all the procedurally necessary legal steps to bring about the ultimate concluding order — the Agreed Final Decree of Divorce.   The legal fees that result in such a divorce process can be quite modest and affordable.  This is the beauty of a flat fee divorce.

On the other hand, the high octane fire that is burning in a extremely contested case makes it impossible to set a flat fee.  Will depositions be taken?  What about “discovery” (the litigation tool that enables each side to fully examine the evidence that the other side has) – will we need a formal Temporary Orders hearing or will a mediation suffice?  Ultimately will the case go to trial?  Going through a highly contested divorce process can be analogized to receiving cancer treatment.   Depending on the type of cancer and one’s oncologist, surgery may be recommended, radiation, or multiple rounds of chemo.  As each body reacts differently to various forms of treatment, ultimately bringing cancer into remission can be a totally unpredictable process .  Similarly, each divorcing spouse may react differently to being questioned during a deposition or having to answer interrogatories (a fancy lawyer word for questions).   Will a party crumble on the stand in a formal hearing or will that party conduct themselves in a calm, cool, and collected manner.  This is the contested case – the case where a client is charged by the hour — most experienced family law practitioners know better than litigate such a case on a flat fee basis.  If an attorney doesn’t understand the quicksand they might be in, they will figure it out very soon — your case may suffer considerably in the process.

The conclusion of a highly contested case may take 6 months or 2 and a half years — 35 hours of work or 100 hours of work.  To predict the required time frame requires a crystal ball.  The lawyer that can “see” what is in the “contested case crystal ball” is most likely not the lawyer with enough experience to understand what they are getting into!

What is your situation?  Schedule an appointment with C.E. Schmidt and Associates PLLC today for a free consultation and let us give you the straight story on what may likely be required to conclude your family law matter.

Why Do We Provide a Free Consultation?

The answer is simple. One of the most difficult decisions a grieving person – one who is deciding to divorce is a grieving person for sure – can make is the decision regarding which attorney of the literally hundreds of attorneys in the Houston area to retain. Often those on the verge of a divorce are experiencing confusion and heightened emotions. An attorney should help the prospective client to begin to feel more calm and reassured. The prospective client needs to feel connected, respected, and in tune with their attorney. Likewise, the attorney must feel a connection with that potential client.

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