The Process Options for Divorce: Divorce Litigation and Collaborative Divorce Does control over the outcome of your case matter to you? Divorce Litigation means letting a judge or jury make the decisions regarding your family’s future. Litigation is sometimes necessary or unavoidable. However, given the choice, litigation should be avoided. Studies have shown that litigation…

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One of the things about reconciliation law is that it doesn’t sound like it’s really possible to legally require somebody to reconcile, but that’s not necessarily what you mean. I’ll give you some examples. For example, Texas has a counseling statute that a lot of people are not that familiar with. However, it’s actually a…

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Longtime Houston Family Law Attorney Michael Hiller has opened a second office in Austin Texas.  Hiller is board certified in Family Law by the Texas Board of Legal Specialization.  He is expanding his practice to include the Austin area with a new Austin location at 1717 West 6th Street Suite 315.  While he is opening…

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How do you prove what is your separate property? The Texas Family Code states that property possessed by either spouse during or on dissolution of marriage is presumed to be community property. Clear and convincing evidence is necessary to counter the community property and establish that it is separate property.  Clear and convincing evidence means…

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Listening is a Critical Negotiation Skill First, it is correct that listening is a critical negotiation skill. Every negotiation adviser, from Roger Fisher (author of Getting to Yes) to Jim Camp (Start with No) agrees on that. And, of course, as many have found out, easier said than done. Despite their tremendous smarts, both Fisher and…

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Setting Reasonable Expectations One of the most important roles of a lawyer is as an agent of reality.  Lawyers should not promise the entire universe when all they can deliver is a marble size rock.  Clients should not expect lawyers to do the impossible.  Unrealistic expectations are bad and should be avoided. Clients need to…

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Listening to What Triggers You A hot button or trigger word can be words, a tone of voice, or a particular way someone conveys body language that sets you off. Everyone has different hot buttons and trigger words that can cause them to become angry. When we are feeling triggered we automatically rush to judgment…

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Quotations from Abe Lincoln on Conflict Resolution Beginning as a trial lawyer, Ol’ Abe Lincoln recognized that trial work should be approached with the goal of settlement, rather than creating new conflicts. He figured out how to achieve that goal within the justice system.  We best know Abraham Lincoln as the president that lead us…

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Temporary Orders are important, whether in an original divorce action or modification.  The focus of this blog is on modification cases.  The reasons temporary orders are important are as follows: Temporary orders represent the decision of the court on the contested issues presented at a temporary hearing. Temporary orders can be a future indicator of…

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When you walk down the aisle and say “I do,” the idea of getting divorced may seem unlikely. But if you do end up heading to a family court judge, exactly when you get your divorce finalized could have a big impact under the new tax plan. San Jose State University professor Annette Nellen teaches finance and tax policy.…

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