| Houston Divorce Lawyer Gregory T. Josefsberg |
LAW OFFICES OF
GREGORY T. JOSEFSBERG
GREGORY T. JOSEFSBERG
*NOTE: The use of this web site does not establish an attorney-client relationship. This web site is constructed for general
information and does not constitute legal advice.
1. Do you charge for the initial consultation?
No. Although some lawyers will charge $100 for each half-hour of a consultation, I do not believe
that it is ethical to do so. Rather, the initial consultation is for my benefit as well as the potential
client's. Therefore, my initial consultation is always free, regardless of the amount of time.
2. How much does it cost for you to represent me in my family law case?
Generally, the cost of a family law matter depends on the complex nature of the issues and would
include attorney fees and expenses such as court costs. Since your family law matter is unique to your
set of circumstances, we would need to discuss your problems in detail before we can begin to
estimate the cost of your case. Your estimate is explained during the free initial consultation.
3. I recently moved to Texas, can I file for divorce in Texas?
Usually, in order to file for divorce in Texas, the person seeking divorce must have lived in Texas for
six months and lived in the county where s/he seeks a divorce for at least 90 days prior to filing for
divorce. However, a person from another state or foreign country may file for divorce in Texas if the
person's estranged spouse has lived in Texas for six months (the county residency requirement does
not apply in this instance).
4. If my divorce is uncontested, how fast can I get divorced?
If you are in Texas, you must wait 60 days after your divorce is filed with the court before a judge will
approve your divorce. During that statutory period, both parties must sign the necessary divorce
papers. Then, the judge will approve and sign the divorce only if all legal requirements have been
met, all legal procedures were followed, and the divorce agreement is reasonable.
5. My spouse and I want you to draft our wills and we don't want to pay any estate taxes, can
we both use you as our attorney?
Yes. Drafting wills for a husband and wife is not unethical as long as both spouses consent to the dual
representation. Plus, legal fees are generally cheaper when a husband and wife have their wills
drafted at that same time.
6. My spouse and I are strapped for cash, can we both use the same attorney for our divorce?
Some couples get divorced even though only one attorney is hired. Usually, the attorney handles all
of the documents and the filings, and gives one of the parties legal advice. It should be noted
however, that the attorney in this situation only represents one party and must represent that one party
in a zealous fashion. Therefore, the divorce attorney may not give legal advice, free or otherwise, or
divulge private conversations between the client and the attorney to the unrepresented spouse. If you
find yourself in this situation, it is highly advisable to seek the advice of your own attorney.
7. My spouse makes more money than me, can I make him pay alimony, child support, and my
attorney's fees?
This is a highly complex question. The answer strictly depends on the facts of your particular case. It
is not uncommon however for a judge to award attorney's fees, temporary alimony (spousal support),
and child support to the spouse that does not have the financial power in the relationship. This will be
discussed during the free initial consultation.
8. My spouse is spending our savings and hiding assets, can you stop him/her?
Yes. In Texas, there are ways to have the judge order the spouses to stop spending or hiding assets.
If the spouse continues to spend or hide his assets after the judge orders him/her to stop, s/he may go
to jail.
9. What is an annulment?
An annulment is the legal nullification of a marriage. Unlike a divorce, the effect of annulment is that
the marriage is deemed to never have existed. The grounds for annulment in Texas are:
a. One spouse was too young to get married;
b. One spouse was under the influence of alcohol or drugs;
c. Impotency;
d. One spouse used fraud, duress, or force in order to get the other spouse to marry;
e. Mental incompetency;
f. One spouse concealed a divorce that was granted within 30 days of the marriage;
g. The spouses are closely related by blood; or
h. One spouse has more than one spouse.
information and does not constitute legal advice.
1. Do you charge for the initial consultation?
No. Although some lawyers will charge $100 for each half-hour of a consultation, I do not believe
that it is ethical to do so. Rather, the initial consultation is for my benefit as well as the potential
client's. Therefore, my initial consultation is always free, regardless of the amount of time.
2. How much does it cost for you to represent me in my family law case?
Generally, the cost of a family law matter depends on the complex nature of the issues and would
include attorney fees and expenses such as court costs. Since your family law matter is unique to your
set of circumstances, we would need to discuss your problems in detail before we can begin to
estimate the cost of your case. Your estimate is explained during the free initial consultation.
3. I recently moved to Texas, can I file for divorce in Texas?
Usually, in order to file for divorce in Texas, the person seeking divorce must have lived in Texas for
six months and lived in the county where s/he seeks a divorce for at least 90 days prior to filing for
divorce. However, a person from another state or foreign country may file for divorce in Texas if the
person's estranged spouse has lived in Texas for six months (the county residency requirement does
not apply in this instance).
4. If my divorce is uncontested, how fast can I get divorced?
If you are in Texas, you must wait 60 days after your divorce is filed with the court before a judge will
approve your divorce. During that statutory period, both parties must sign the necessary divorce
papers. Then, the judge will approve and sign the divorce only if all legal requirements have been
met, all legal procedures were followed, and the divorce agreement is reasonable.
5. My spouse and I want you to draft our wills and we don't want to pay any estate taxes, can
we both use you as our attorney?
Yes. Drafting wills for a husband and wife is not unethical as long as both spouses consent to the dual
representation. Plus, legal fees are generally cheaper when a husband and wife have their wills
drafted at that same time.
6. My spouse and I are strapped for cash, can we both use the same attorney for our divorce?
Some couples get divorced even though only one attorney is hired. Usually, the attorney handles all
of the documents and the filings, and gives one of the parties legal advice. It should be noted
however, that the attorney in this situation only represents one party and must represent that one party
in a zealous fashion. Therefore, the divorce attorney may not give legal advice, free or otherwise, or
divulge private conversations between the client and the attorney to the unrepresented spouse. If you
find yourself in this situation, it is highly advisable to seek the advice of your own attorney.
7. My spouse makes more money than me, can I make him pay alimony, child support, and my
attorney's fees?
This is a highly complex question. The answer strictly depends on the facts of your particular case. It
is not uncommon however for a judge to award attorney's fees, temporary alimony (spousal support),
and child support to the spouse that does not have the financial power in the relationship. This will be
discussed during the free initial consultation.
8. My spouse is spending our savings and hiding assets, can you stop him/her?
Yes. In Texas, there are ways to have the judge order the spouses to stop spending or hiding assets.
If the spouse continues to spend or hide his assets after the judge orders him/her to stop, s/he may go
to jail.
9. What is an annulment?
An annulment is the legal nullification of a marriage. Unlike a divorce, the effect of annulment is that
the marriage is deemed to never have existed. The grounds for annulment in Texas are:
a. One spouse was too young to get married;
b. One spouse was under the influence of alcohol or drugs;
c. Impotency;
d. One spouse used fraud, duress, or force in order to get the other spouse to marry;
e. Mental incompetency;
f. One spouse concealed a divorce that was granted within 30 days of the marriage;
g. The spouses are closely related by blood; or
h. One spouse has more than one spouse.
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| Family law attorney serving the Houston area including Harris, Montgomery and Ft. Bend Counties |
5433 Westheimer, Suite 750
Houston, Texas 77056
Tel. 713-961-2800
Fax. 713-623-4412
Emergency. 832-865-3870
Email.
greg@houstondivorceatty.com
Houston, Texas 77056
Tel. 713-961-2800
Fax. 713-623-4412
Emergency. 832-865-3870
Email.
greg@houstondivorceatty.com