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Frequently Asked Questions

Family Law

I'm getting divorced. Do I need an attorney?

It is highly recommended because although a spouse may file for divorce pro se (without counsel), the amateur litigant is not given a pass, and must comply with the Texas Family Code, the Texas Rules of Civil Procedure, the Local Rules of Court, and the Rules of the Court itself.

What are the legal grounds for obtaining a divorce?

Insupportability, adultery, cruelty, conviction of a felony, and abandonment for 1 year.

Who determines how assets are divided in a divorce?

The parties may divide their community property assets and liabilities by agreement, or the court will make a "just and right" division of the community property.

How do courts determine who gets custody of children in a divorce?

The courts make a determination on the issue of conservatorship, including possession of and access to a child based upon the "best interest" of the child standard.

What is joint custody?

Texas courts will recognize shared custody wherein each parent is afforded equal time of possession of and access to the children.

How long does the divorce process take in Texas?

Usually, a minimum of 61 days from Petition to Decree.

Does Texas have legal separation?

Not per se, but it does permit prenuptial and postnuptial division of property agreements in event of divorce.

How long should I expect it to take to get my divorce finalized?

Anywhere from 61 days to 1 year or more.

The divorce was my fault. Will that affect custody and visitation rights with my child?

No, most Texas divorces are "no fault" i.e., for insupportability of marital relationship and child conservatorship issues are based upon what is in the best interest of the child standard.

Why should I choose Howard G Skolnick Attorney at Law to handle all my legal issues?

40 years of hands-on experience with the majority of those years handling various family law matters.

Immigration Law.

Who has citizenship by birth?

Generally, anyone born on US soil, or born to US citizen parents who had a need to be off US soil at the time the mother gave birth.

Do I need a licensed attorney to help me fill out my immigration forms?

It is highly recommended, but not required. Immigration laws are complex, and a lay person could essentially malpractice themselves if an error or omission is made in completing the form.

Do I have to disclose criminal history on my immigration application?

Yes

Wills

What is the purpose of preparing a will?

To leave probate assets remaining in a testator's estate at the time of death to the beneficiary or beneficiaries of their choosing, and to avoid the assets being distributed according to the formula established by the Texas Estates Code.

What happens to my property and my children if I die without preparing a will?

The property is given to heirs designated by the Texas Estate Code, or it may revert to the State of Texas, and the children may become wards of the State.

Do I need a lawyer to create a valid will?

No, but it is highly recommended in order to comply with the Texas Estate Code, and to make admission of the Will to probate simpler.

Can I make a handwritten will?

oYes, Texas does recognize handwritten or holographic Wills, and it will admit them to probate.

How do I revise my will?

By executing either a formal Codicil (amendment), or by executing a formal Will at a later time which will replace or supersede the earlier Will.

Probate Law

What is probate?

Admitting a Will to probate to become a public record, and appointing an Executor to administer the terms of the Will, and to distribute the probate assets in accord with the wishes of the Testator.

Who initiates probate?

Usually a person named as an Executor in the Will, or someone who is interested in the Testator's estate.

How long will probate take?

Under Texas' Independent Administration Rules, the requirements of the Texas Estates Code can be adhered to and met in as little as about 150 days.

When will our family receive property or assets?

After the Will is admitted to probate, an Executor is appointed, Letters Testamentary are issued to the Executor, and all debts of the estate, if any, have been paid.

Do I need an attorney?

No, but it is highly recommended to correctly and efficiently navigate the probate process.

How do I retain a probate attorney?

Call a probate lawyer, have a consultation, and tender an agreed retainer fee in connection with a retainer agreement.

Other Questions?

Call Howard G. Skolnick, Attorney at Law at 281-894-5308.

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