North Texas Divorce Lawyers Use Teamwork To Dominate Family Law Jury Trial

When a long-delayed child custody trial was recently fast-tracked in a North Texas divorce court, the KoonsFuller family law team meshed together perfectly to create a successful outcome for the firm’s client.

“Without our special group of divorce and family lawyers, paralegals and clerks,” says attorney Jeff Domen, “this case would have been almost impossible to present in a concise and organized manner.”

Most divorce and family law cases don’t involve this much teamwork, but the circumstances were extraordinary. Jeff took over the case of a dad’s child custody lawsuit to be primary custodial parent of his two young daughters, ages 10 and 14, after two-and-one-half years of scheduling conflicts and delays.

It was a family law jury trial set for January 9, 2012 in a Denton divorce court, and the judge was adamant – there would be no continuances. Complicating the schedule further, Jeff and his wife, Melanie, were expecting their fourth child.

Jeff began the effort by game-planning with partner Sharla Fuller, who mentors associates like Jeff. Then he brainstormed with some of KoonsFuller’s most experienced family law trial lawyers – Ike Vanden Eykel, Rick Robertson, Charla Bradshaw, Julie Crawford and Kevin Fuller.

“All of them added insight and pieces of the puzzle that ultimately led to the win,” Jeff says. While Charla, the Denton managing partner, worked with the client and opposing counsel, paralegals Debby Stone, Lisa Bowles and Lesley McCally organized a file that had grown to 18 boxes over the past couple of years. Then they handed it off to attorney Emily Miskel, law clerk Terra Paul and Debby Stone, who helped Jeff with jury selection.

During the week of trial, all that teamwork was most beneficial. “When I got into a pinch late at night or early in the morning,” Jeff says, “there was always a KF employee to help.” Attorneys Eric Navarrette and Neda Garrett helped with experts, Emily dealt with a research memo from the judge three days into trial, and Charla came ready each morning in case Jeff was unavailable.

And why would he not be available? A few days before the trial started, Jeff’s wife found that she was dilated to three centimeters already. The baby held off until Thursday of trial week, and Jeff was in conference with the judge when he got the call, the baby was coming.

On his way to the hospital, Jeff conferred with Charla by phone about the closing argument. “I knew if the baby came by midnight, I could get enough sleep and be ready to give my final argument, but Charla was ready to take over.”

Baby Bliss arrived at 9:38PM that night. That left Jeff time to prepare for closing statements Friday morning, then he waited for the jury. Attorney Victor Rivera even came to relieve him so he could await the decision at the hospital. Six hours into deliberations, the jury came back 12-0 in favor of dad as the primary custodial parent. This means that both parents will have plenty of access to the children.

Some decisions remain to be made in this case, but the positive  effects of teamwork with a firm like KoonsFuller are proven beyond a doubt. “It was a total team effort and a total team victory,” Jeff says. “The ultimate platinum standard in family law representation.”

KoonsFuller Attorney Argues Rare Property Case Before Supreme Court

Family law cases rarely make their way to the Texas Supreme Court, but Rebecca Tillery, a Dallas-based attorney with KoonsFuller,PC, recently argued the case of Milner v. Milner (Cause No. 10-0776).

This appeal is a contest over property division. The main issues are

  1. Whether a mediated settlement conveyed the husband’s partnership in companies or just assigned rights in his interests;
  2. Whether contract law requirements – particularly a meeting of the minds – applies to enforcing a mediated settlement agreement, and;
  3. Whether the divorce decree altered the settlement agreement by allegedly omitting substantive terms and conditions of the settlement.

Representing the petitioner was Jeff Kobs of Fort Worth. Rebecca Tillery represented the respondent. To view a video of the argument, click here.

What’s Protected By a Prenuptial Agreement?

The following matters may be addressed in a prenup:

  • The rights and obligations to property by either party
  • The right to buy, sell, use, transfer, exchange, abandon, lease, consume, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property
  • The disposition of property on separation, marital dissolution or death
  • The modification or elimination of spousal support
  • The making of a will, trust or other arrangement to carry out the provisions of the agreement
  • Ownership of a life insurance policy
  • Choice of law governing the agreement
  • Any personal matter not in violation of public policy or criminal statutes
  • Waiving of homestead rights
  • Providing income from all separate property to remain separate
– Excerpted from Protecting Your Assets From A Texas Divorce by Ike Vanden Eykel, Rick Robertson, Heather King, Charla Bradshaw (PSG Books 2009).

 

As Usual, Boomers Set Frantic Pace … For Divorce

While the overall divorce rate seems to have flattened out or even declined in the new millennium, that’s not true for those of the baby boomer generation.

A study from the National Center for Family & Marriage Research at Bowling Green University finds that the divorce rate for those over 50 has more than doubled over the past three decades, and it’s expected to increase as more boomers reach retirement age.

More than one in four people who divorce today are over 50, according to the center, and roughly half of those who divorce are for the second or third time. Traditional views and expectations of marriage and family have changed over the decades, mostly due to expanded education and employment opportunities for women reducing the role of economics in keeping the family together.

Center researchers also found that the avenues for finding a new mate have greatly increased because of Facebook and other social relationship platforms. For baby boomers (those born between 1946 and 1964), empty nest syndrome can wreak havoc on the marriage, with one or both parties feeling they have fulfilled their obligations to the family when children are grown and now it’s time to get out there and find a better partner.

Fuller Selected Tops in Family, Collaborative Law By Most-Respected Peer Survey

Attorney Kevin R. Fuller has been named Dallas’ top family law attorney and collaborative lawyer for 2012 by Best Lawyers, the oldest and most respected peer-review publication in the legal profession.

Fuller is managing partner in the Dallas office of KoonsFuller, the largest family law firm in the southwest. He is regularly selected one of the Top 100 Attorneys in Texas (Thomson Reuters) and one of the Best Lawyers in Dallas (D Magazine). He is board certified in family law by the Texas Board of Legal Specialization.

After more than a quarter century in publication, Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the “Lawyer of the Year.” Fuller was selected the top Best Lawyers Family Law Lawyer of the Year in 2009. This is the first year Best Lawyers has chosen a top family lawyer and collaborative law lawyer for Dallas.

Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 18th edition of The Best Lawyers in America (2012) is based on more than 3.9 million detailed evaluations of lawyers by other lawyers.

KoonsFuller Lawyer Advocates Family Law Changes, Fairness in Divorce

Denton, Tx — (DENTON BUSINESS CHRONICLE) — Increasing fairness in divorce is the goal of Denton family law attorney Charla Bradshaw. That’s why she lobbied for changes to the Texas Family Code that went into effect this year.

A recent business column in The Dallas Morning News identified Bradshaw as the driving force behind changes to the alimony statute, which joined laws governing mistaken paternity and economic fraud as changes made by the Texas Legislature to the Texas Family Code.

“These changes bring us up to speed with other states,” Bradshaw told columnist Cheryl Hall with regard to the alimony statute. “Some states leave them up to the discretion of the judge. I’m happy how far we’ve come from where we were.”

Bradshaw is one of the best-known family lawyers in the Metroplex and a managing partner of KoonsFuller, the largest family law firm in the southwest.  She has been selected one of the Top 50 Women Attorneys in Texas (Thomson Reuters 2005) and one of the Best Women Lawyers in Dallas (D Magazine 2010).

During the last session of the Texas Legislature, Bradshaw served on the legislative committee for the family law section of the State Bar of Texas.  She helped write the alimony legislation, testified before lawmakers and lobbied for the bill’s passage.

“Alimony’s been the red herring, the white elephant, the 600-pound gorilla that no one wanted to bring up,” says Bradshaw, who in her 18 years as a divorce attorney has seen way too many clients get the short end of the stick when it comes to income after the divorce. “I just jumped out there and did it.”  Prior to this change, the alimony statute, known as “spousal maintenance,” was so anemic that it was rarely used.

Without Bradshaw’s leadership, Texas might have continued to languish in the backwaters of spousal support, says fellow legislative committee member Kathy Kinser.  “We had one of the worst alimony statutes in the country.  To say that Charla was passionate about changing that is putting it mildly.  She, pretty much on her own, researched all 50 states’ alimony statutes, did a complete overview for the committee and made suggested changes.”

The new legislation might have died in committee if Bradshaw hadn’t lobbied other leading family lawyers for their support.  The changes were included in the family law section package and were passed into law with surprisingly little legislative debate.

Overview of Recent Family Law Changes

Alimony

  • The statute is gender neutral.
  • The maximum amount of “spousal maintenance” was increased from $2,500 a month to $5,000 a month, or 20 percent of gross earnings (whichever is less), to provide for a spouse’s “minimum reasonable needs.”
  • When a spouse or child is a victim of family violence, the spouse is eligible for maintenance for up to five years if he or she lacks sufficient property to provide for minimum reasonable needs.
  • A spouse is eligible for maintenance if the spouse is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability.
  • A spouse is eligible for maintenance if the spouse is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.
  • A spouse who has been married for at least 10 years and lacks sufficient property and earning ability can also seek maintenance.
  • If a couple has been married for at least 10 years but not more than 20 years, the spouse asking for maintenance support may receive it for up to five years.
  • If the couple was married for at least 20 years but not more than 30 years, the duration of maintenance is no more than seven years.
  • If the couple was married for 30 years or more, the spouse seeking maintenance may receive it for up to 10 years.

Economic fraud

  • This law addresses a fairly common practice of one spouse hiding, wasting or causing damage the community estate.
  • It allows the court to recalculate the estate as if the fraud had not occurred and then divide the reconstituted estate as community property.
  • The court can also award the wronged spouse a money judgment or award monies to remedy the fraud.

Mistaken paternity

  • Under this legislation, a man who finds out he is not the biological father and was lead to believe that he was the child’s biological father based on misrepresentations by the mother that led him to that conclusion can file to terminate the parent-child relationship between he and the child.
  • If the court determines he is not the biological father his future child support obligation stops immediately, except for unpaid child support would remain due, but under the Texas Family Code he cannot recoup any payments made in the past.
  • A judge may grant visitation rights to a man who seeks it, even if he is not the biological father, if his absence will cause mental harm to the child.

– Denton Business Chronicle