Once your divorce is on file, you will need to have the other side served.  Once service is complete the other side has a certain amount of time to file a response to the court. If they fail to file a response then you can obtain a divorce by default.  If they file an answer generally the court will send out a docket control order which will give you deadlines for which both sides must follow.  If you follow the deadlines and file all the appropriate motions then when your trial date comes you can obtain your divorce.

Here at Garg & Associates, we file divorces, modifications, adoptions, and SAPCR all the time.  These filings become second nature to us.  When you need help  modifying your divorce decree come see me here at Garg & Associates.

So we filed for divorce and went to mediation.  The only thing my client wanted was his daughter returned to Texas.  At the end of mediation, that is exactly what happened.  A while back one of the attorneys here had a similar case except it was her client that moved.  Her client had custody of the child for eight years, absent father, and barely any support.  At trial, the judge ordered the child returned to the father switching custody.  Courts here in Texas are very serious about not removing the children from their familar enviorments.  Think twice before you run out on your spouse and take the children, you will be ordered back here to Texas.

 If your spouse has left the state of Texas without your permission with the children, contact us and we will strive to get your child returned.

Having a child sheds an entire new light in the custody world.  I see first hand why a mother or father would go crazy to see their child everyday.  Unfortunately, that is not the case in divorces.  When two people get divorced their children are a huge part as well.  It is best to try to put your emotions to the side and think what is the best for our child.  The key word in that sentence was “our” child.  It is always best to have both parents a part of the children’s life.  Dont be ugly during the divorce when it come to the children, save that battle for the property.  Allow as much visitation as possible, the children need as much love and support from both parents.

If you are going through a divorce call me here at Garg & Associates and let me help you in your time of need.

Lance is so much fun to be around.  I thought that I would go stir crazy sitting at home all day long just taking care of a baby.  Since I am so used to the constant hustle and bustle of my job as a Family Law and Criminal Law attorney, I figured this slow pace would soon drive me crazy.  How wrong I was.  Yes, I am bored but I love it.  Lance and I play all day, when he is not sleeping and then I help my husband with his job.  I am still working but part time and from the home.  I go back to work shortly but I think I am seriously going to miss spending all this time with my husband and son.

The staff at Garg and Associates are wonderful people and I truly enjoy my job but I don’t miss it like I thought I would.  It is funny how children will change your outlook on life and your priorities.  However, my mini vacation, as I call it, is coming to an end and it is back to the hustle and bustle of life.  Truly enjoy every moment with your children, I know I have.

When you are in need of an Family law or criminal law attorney contact me, Sherea Vitelli, and let me help you get through your time of need.

1)      Take your time when answering a question.  This will allow the attorney to hear the question and be able to object when necessary.  If you rush into the answer, the attorney may not be able to get their objection out quick enough.

2)      Answer only the question asked.  If the answer is a simple yes or no – then only give that.  If they ask for an address only give the address.  Do not give more than what was asked.

3)      Answer clearly and loudly.  Remember there is a court reporter taking down your answers plus a judge or jury listening.  Make sure they can hear and understand you.

4)      Don’t argue with opposing counsel.  If you don’t like their question simply have them repeat it. 

5)      Avoid boxing yourself into an answer.  Try not to use the words “always”, “never”,  and “every”.  These words will box you into answers which the other side can trip you up.

6)      Always tell the truth.  Generally the opposing side is asking you a question because they already know the answer.  If you lie, they are generally prepared to catch you in it.

7)      Dress appropriately.  Come to court in your church clothes.  No flipflops, tank tops, shorts, or mini skirts.  Come with your hair combed and groomed. 

      Do not chew gum on the witness stand or in the court room.

9)      Always address the court as “Yes, your honor” or “Yes, Judge”.

When my clients or their witnesses are getting ready for court hearings, we always go through a series of questions and drills.  Then each client will get the “Client/Witness Preparation List” which details how one should act in the court.  Contact me, Sherea Vitelli, when you have a problem and I will get you through it.

How well am I prepared for the PO hearing?  Extremely well.  Once my client has accused his or her spouse of abuse then I will file an Emergency Protective Order in within the allotted time frame.  Or I will file an Application for Protective Order.   Both of these documents are guided by the affidavit from the client which details the history of abuse.  During the preparation meeting, I will not only go over your affidavit but draw my questions from them.  Then we will go through them together.  Additionally for preparation  I will conduct a series of questions for the client in which I believe the opposing side may potentially ask.  When the client leaves my office they have a better understanding of what will happen and what potentially could happen at their protective order hearing.

If you have been abused by your spouse or you are being accused of abuse, contact me, Sherea Vitelli, at Garg and Associates and let me help you with the protective order hearing.

It is necessary to respond?  Yes, it is necessary to respond because failure to respond means failure or inability to present any evidence at trial.  This goes for both sides.  Unless my client has a compelling reason for not complying with court rules, all discovery must be answered. 

What happens if I refuse to answer discovery?  Potentially you can be sanctioned, or fined monetarily, by the judge.  You can be forced to answer by the court then ordered to pay the other sides attorney fees for such request.  Or your pleadings can be struck from the case.  Generally the court will give you a deadline for which you must respond and then fine you.

All in all it is best to follow the advice of your attorney and answer the discovery as quickly as possible.  If you have nothing to hide, the discovery is not an issue.  Here at Garg & Associates, our clients are well informed when it comes to discovery.  Generally I have my client obtain the documents and then come into the office to go over the documents and answer all questions.  Contact me Sherea Vitelli and let me help you in your family law matter.

These two animals were our children until we actually had our own child.  It often amazes me when people tend to fight over animals.  Although, I truly understand, it just amazes me.  I recently had a case where a man left a women for over 15 months.  At the time of trial, he tried to ask the court for his dog back which he left at the residence with his wife.  Now, 15 months later, he wants the dog back.  I dont think so.  That dog should be treated like any other family member.  If he wanted it he should have taken him with him. 

Divorce often brings the worst out in people.  As I tell all my clients, there is a reason you are asking for the divorce now.  Dont feel guilty for asking for certain items, espically not an animal.  When you are going through your divorce, contact me, Sherea Vitelli, and let me help you keep what is important to you.

Once the modification was filed, the ex decided to go strictly by the guidelines of the possession period.  He called me up and asked why he cannot get more time.  Generally, I replied because she does not have to, the orders are clear.  He could not understand how she could just stop the extra visitation which was outside the order.  I quickly informed him that he just had her served to reduce child support and she is extremely upset.  All was understood by the client.  Then he decided during all of this to place the suit on hold.  Next thing I know he got married because he got another girl pregnant.  Well this really upset his ex and he now was going to have to pay less child support because now he had another child on the way.  As if life could not get more complicated, he ended up getting a quick divorce and tried to get back with his ex.  When that did not work out, the two ex’s became friends and his reduction in child support ended up becoming an enforcement for child support.  The client lied to his attorney on several occasions.  He lied about his payments and the money in his accounts.  When discovery was done, he avoided his attorney only creating more problems and bigger legal bills.  In the end, the attorney withdrew from his case and he ultimately had to pay the child support.

All in all don’t lie to your attorney because we cannot protect you.  Not everything is dramatic and can easily be fixed or covered if it is known a head of time.  Here at Garg and Associates, I take pride in my cases and it is refreshing to have clients just come clean in the beginning.  We ask questions for a specific reason.  Take a good lesson, don’t lie to your attorney.  We cannot tell anyone your secrets due to the Attorney/Client privilege.  Take advantage of it.

Just before I went on maternity leave I had a trial in divorce over property – mainly because they had no children to argue over.  The house was the stickler.  My client wanted it and that was the bottom line.  Her soon to be ex decided to be vindictive and tried to say he wanted it.  We went to mediation and of course we could not settle.  My client finally agreed they would sell the house until he started to add stipulations on who could purchase the house or who could live in the house.  Well I am so sorry buddy, but that is not enforceable.  A court will not make stipulations as to who can purchase a home in the State of Texas.  Next thing you know because of his stubbornness we had to go to trial on that issue alone.  Needless to say after about 1 and ½ hours of testimony from both my client and him, the court ultimately awarded the house to my client without the necessity to refinance the home. 

Now that goes to show, don’t give up what you want. I told my client if she really wanted the house then fight for it.  Don’t give up until the judge tells you to sell the home.  When you are in a divorce situation remember you are the boss not the attorney.  This is your case and your life.  Attorneys are only there to guide you and give you direction with options.  Here at Garg and Associates, I always give my clients several options and what could potentially happen in court.  After that it is the client who must ultimately decide what is best for them.  When you go through your divorce contact me, Sherea Vitelli and let me guide you to a better decision.