An informal settlement conference is an informal process where the parties and their attorney’s meet and attempt to settle their disputes at a designated location. Mediation requires the parties and their counsel to appear before a mediator, who is an individual who has an expertise in negotiating disputed issues. The mediator normally will meet with the parties in separate rooms and prepare offers, counter offers until the dispute is resolved or minimized. Most cases that are referred to mediation are resolved. http://www.sossilaw.com
In certain divorce cases it will serve your interests if your attorney serves the opposing party with request for admissions. With admissions, a party has to stipulate to certain facts, such as committing adultery during the marriage. Request for admissions is an effective technique to bring your case to a close, either by informal or formal settlement negotiations. http://www.sossilaw.com
In Divorce cases, interrogatories are written questions SERVED upon a party to obtain relevant information. The total number of interrogatories able to be asked is limited by statute. Answers to interrogatories must be verified, meaning you must sign in front of a notary and swear that the information provided is true and correct. Your lawyer can object to an interrogatory on various grounds, such as work product, attorney-client privilege or on the grounds that the question asked is not relevant to the lawsuit. If your attorney has been served with interrogatories in your lawsuit, you will schedule a meeting and go over the questions sought to be answered. http://www.sossilaw.com
In Texas, sending request for production is a discovery tool used by your attorney to require a party to PRODUCE records. Responses to request for production are due approximately 30 day’s from the date they are received. Request for production are usually based upon a computer generated template that involves reviewing typical asset documents. Most clients are also overwhelmed when they are summoned to their lawyer’s office to produce documents.
My advice, immediately start gathering bank statements, credit reports, tax returns, pay stubs and credit card statements before coming into our office. If you have control over your situation, you will feel less overwhelmed and focused on helping your lawyer taking care of your legal needs. http://www.mattsossi.com 6800 Park Ten Blvd #232-E, San Antonio, Texas 78213
Interacting with an ex can become uncomfortable and the source of repeated conflict. Interaction, to a degree, becomes a necessity for parties to a divorce with children. I recommend that client’s sign up for Family Wizard, a computer software program that allows you to send/tract messages to your ex about the goings on of your children. Family Wizard also allows you to post important events/dates concerning your child. Posting information over the “cloud” minimizes your interaction and allows you to focus on the needs of your child. Family Wizard is now available as an app for all smart phones. Visit http://www.ourfamilywizard.com for more information. http://www.mattsossi.com
In Holly v. Adams the Texas Supreme Court listed factors that a court should consider in determining what is in the best interest of the child. The factors include: 1.The desires of the child, 2. The emotional and physical needs of the child now and in the future;
3. The emotional and physical danger to the child now and in the future, 4. The parental abilities of the individuals seeking custody, 5. the programs available to assist these individuals to promote the best interest of the child, 6. the plans for the child by these individuals or by the agency seeking custody, 7. the stability of the home or proposed placement, 8. the acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one; and 9. any excuse for the acts or omissions of the parent. The list is not exhaustive. Remember that the court will want the custodial parent to respect their ex’s rights to interact with the child at issue. Matt Sossi http://www.sossilaw.com