Firm Profile
I've been in the private practice of law since January of 1974. Since 1992, my practice has been primarily devoted to Divorce or Family Law and Wills and Probate and Mediation in these areas.
DIVORCE OR FAMILY LAW
Do I have to allege grounds for divorce?
Answer: No. Divorce in Texas today is primarily a no-fault process with a minimum 60 day waiting period from the date of filing the petition. Fault can be alleged, but it will inevitably lead to conflict that results in more expense to the parties.
I make every effort to minimize conflict and strife between my client and his or her spouse. Especially where there are children involved, I strive to negotiate an agreement that is acceptable to my client and that will, hopefully, enhance the prospect of the future cooperation between mother and father that will be so necessary for the development of the children.
Can my spouse and I use the same attorney?
Answer: It is not permissible in Texas for an attorney to represent both sides in a divorce action. There is no requirement that each party have an attorney. Without the advice of a lawyer, however, the unrepresented party will rarely appreciate the legal consequences of his or her actions in the divorce case.
I heard about mediation. What is it and how does it come into play in a divorce?
Answer: Mediation is basically a facilitated negotiation where a third party neutral tries to help the parties and their attorneys come to an agreement.
My goal, always, is to avoid the courtroom. I will try, in negotiations with opposing counsel, to reach an agreement.
If negotiations with opposing counsel are not successful, I will make every effort to schedule a mediation with a qualified Family Law Mediator in hopes that a settlement will be reached. Most courts in the Dallas/Fort Worth area will require mediation before they will allow the parties to actually try the case.
Settlements reached through negotiation and/or mediation tend to minimize the financial costs to the parties and maximize the future cooperation for the benefit of the children.
WILLS AND PROBATE
Every individual who has assets other than simple personal property probably needs a Will to deal with the eventuality of his or her demise. Usually people that realize this need also wind up executing Powers of Attorney, both financial and medical and a document called a Directive to Physicians.
Probate is necessary when an individual has passed away and there is a necessity to transfer assets from the decedent to the beneficiaries designated in the Will. Most of the Wills that I draft and most of the probate proceedings that I handle are not contentious. Occasionally, however, Will contests will take place. My goal is to negotiate a settlement and to schedule a mediation, if necessary, in the hopes of avoiding the courtroom.
MEDIATION
I have been trained as a mediator since 1991. My mediation practice, where I am the neutral mediator, consists primarily of cases in the divorce or family law area and the area of probate contests.
I served as the Chairman of the Alternate Dispute Resolution Section of the Dallas Bar Association in 1998, was President of the North Texas Chapter of the Association of Attorney Mediators in 2001-2002 and served as a Director of the Texas Association of Mediators from 2000-2002.
Most of my mediations are court annexed with attorneys present. Occasionally, a couple comes to me before they hire attorneys and try to work out an agreement. I always welcome the opportunity to be a peacemaker between the opposing sides.