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The Decision to Divorce

First of all, you should be absolutely sure that your marriage is beyond saving. If you are uncertain you should encourage your spouse to join you in marriage counseling with a qualified counselor acceptable to you both.

If you find that you are experiencing emotional problems, please employ a professional counselor for your personal benefit. Your attorney is a specialist in law, not psychology, and a counselor can help you with emotional problems much more effectively than your attorney.

Some people hope that filing for a divorce will shock their spouse into a reality and, therefore, save the marriage. While filing for a divorce sometimes saves the marriage, this is a rarity. Usually, it causes the other spouse to become more hostile. The filing of a divorce should be done with the realization that if you are asking for a divorce, that is what you will probably get.

Attorney and Client

This is your case, not your attorney's. There are a great number of things that you can do during your case.

Be Informed
You shuold be as informed and involved in your case as possible. It is important that your attorney understand exactly what you want. It is equally important that you understand exactly what the attorney can and cannot do for you. Do not hesitate to ask questions.

Keep a File
Please establish a file in which to keep your divorce related documents. Please bring this file with you each time that you visit your attorney's office.

Tell Your Attorney the Truth
You should be totally honest with your attorney. It is equally important that you give him all information which may help yuor case and all information that might be harmful to your case. If there are bad facts, your attorney needs to hug the ugly baby.

You need to know that any time you are places under oath, you will be required to tell the truth. If you do not tell the truth, you subject yourself to criminal perjury charges.

Information Gathering
Facts are the heart of any lawsuit. You have knowledge of your property; your attorney does not. Before you meet with your attorney it is a good idea to have knowledge of assets and debts. Please know, or be able to find out, a legal description of any real estate, and VIN numbers for your vehicles. Please have information that can specifically identify any retirement accounts that you may have. Please know the account numbers of your credit cards. If you do not have this information when you first meet with your attorney, please be prepared to acquire these facts for your attorney.

Attorney-Client Relations

First things first, no final settlement of your case will be made without your approval and consent. You should have a say in all major decisions. However, your attorney will make other decisions such as how to phrase allegations in your pleadings.

You and your attorney have a very special relationship. Your attorney owes 100 percent of his allegiance to you. Your attorney is required to represent you zealously, but within the bounds of the law.

Do not be upset if you find your attorney dealing with your spouse's attorney on a daily basis. Good lawyers are perfectly capable of zealously defending and promoting their client's best interest without becoming personal enemies. One of the reasons you hire a lawyer is to have someone on your side who has legal expertise and who can remain objective. You want your lawyer to use his head and to remain cool.

 

Kirk & Williams: Attorneys at Law - 200 N. Loraine St. Suite# 1224 - Midland, TX 79701 - Office: 432.687.5035
Midland, Texas Divorce Lawyer

 Securities Fraud

securities fraud webSecurities Fraud is a white collar crime. This serious charge happens when a company or individual, such as a stock broker, broker firm, bank or corporation sends out false information to sway investors to make decisions. When an individual who works independently engages insider trading, this is also called securities fraud. Misrepresenting can involve false information being provided, withholding information that is key to decision making, offering bad advice, or using inside information to act.

The Securities and Exchange Commission (SEC) and National Association of Securities Dealers (NASD) are responsible for investigation this white collar crime. Punishment for this crime can include both criminal and civil penalties, jail time and fines. Examples of common securities fraud can include accounting fraud, manipulating stock prices, or falsely filing SEC reports.

If your looking for a strong defense regarding Securities Fraud, call Kirk & Williams: Attorneys at Law today 432.687.5035 for a free consultation

Estate Planning: What You Should Know

Allow your loved ones to avoid expensive legal procedures and be rest assured that your final wishes are being followed by properly planning your estate.

Power of Attorney

It enables the an individual to address all your business and personal affairs if it comes down to you being incapable of handling them. No matter who you choose and how much power you permit that individual, make sure that you discuss everything you adhere to with them, making sure your wishes are followed. You can also appoint an individual a medical power of attorney to make health care decisions if you cannot.

Health Care Decisions

Texas recognizes two types of documents regarding you receiving the medical care you want, and nothing beyond that.

  • Advance Directives - Outlines the types of medical care you desire and the circumstances.
  • Health Care Proxy - Appoints an individual to make the decisions if you are in a coma or unconscious.

Funeral Arrangements

Last Will and Testament gives the final instructions of your final wishes ie: being cremated, no funeral services, etc. Make sure you tell your loved ones if you are a registered organ donor.

last-will-and-testamentCreating a Will

Your will tells how you want your personal properties/belongings to be distributed after your departure. If you are a parent you should make sure arrangements are made for care and guardianship of your children (if minors). Designate a trusted individual to be legally responsible for ensuring that any debts you owe are paid.

You are not required to hire an attorney to make a will, but having one thoroughly review it so that the document is legally defensible and correctly written so your intentions can be accomplished with no problem. Contact Us to look over your will today to make sure your wishes will be followed correctly.

Probate

If with a will, your estate might go through probate to make sure all debts and taxes will be settled. It's possible the process can be avoided if the property has already be passed to your spouse and has been distributed through trust, joint ownership, payable on death accounts or property transfers. If your estate is worth less that $50,000 you do not have to be probated.

Need to get your affairs all in order? Make sure your loved ones are safe and protected and want the best legal representation possible, call 432.687.5035 to set up a free consultation at Kirk & Williams: Attorneys at Law!

Charged With Identity Theft?

The State of Texas considers identity theft a “White Collar Crime” and takes this charge very seriously. That facts are, that 25% of us will be affected by identity theft in our lifetime. Whether you have been a victim of this crime, or you are being charged with it, there are things you should know. Both victims and offenders face a tough battle. Many of these cases happen online, or by people close to you with access to your information, such as family members. Identity theft can start small, yet turns to a felony in the State of Texas when being charged. Here’s some information as to what a person being charged with Identity Theft can face.
IDTHEFTWEB
Jail Time
If a person is charged with unauthorized transfer or use of someone else’s identity in Texas, the penalty includes jail time of a maximum of one year. However, if that information is actually used by the person, or convicted of being in possession of that information, the fine can include life in prison.

Fines
The penalty for using, possessing, transferring, etc can range in fines ranging from $4,000 to $10,000. This all depends if you are convicted as a misdemeanor or a felony. Many times the offender also will have to pay for court costs, or restitution also. At this point, the loss of freedom and financial burden increases for the offender, as they may be required to pay for their own probation also (post conviction).

Probation
Probation can be set for a one year period to those convicted. The convicted offender must then be asked to maintain regular check ins with a probation officer, maintain a job, not be involved in any crimes during that time, report changes in address, and not leave the county jurisdiction. Other mandates as the judge sees fit can also be added to the probation requirements.

Making Amends
Offenders may be charged and convicted resulting in a restitution obligation. This money goes to the victim to help recoup their losses. Depending on the amount that was involved in the case, this amount can change from case to case.

If you or someone you know is being charged with identity theft, or needs help with victim restitution, they need to act quickly. Many types of programs involving financial identity theft, ask that you report the loss right away, or within 1 - 2 days, to insure your coverage of loss.

The attorneys at Kirk & Williams in MIdland, Texas  can help. Call us today at 432-687-5035 to set up a consultation.

Caught with Drugs?

drugs
There are many factors in how you are charged with illegal possession of controlled substances and narcotics. Just in Texas alone for the possession of any drug can lead to jail time, fines, probation and even a 6 month loss of your driver's license.

Again, the severity of your charges depends on a few factors:

  • How much drugs were on you
  • How was the drug stored or hidden.
  • Possession of the drug with paraphernalia (Needles, scales, pipes, etc)
  • Large amounts of money with the drugs
  • Any past offenses or convictions

 

Drugs such as Marijuana, Cocaine, Heroin, Methamphetamine, LSD, Ecstasy, PCP, Valium, Ritalin, and various other chemical compounds also have an affect on how you will be charged.

If you are facing drug charges and want the best legal representation possible, call 432.687.5035 to set up a free consultation at Kirk & Williams: Attorneys at Law!

Grandparents & Rights

Children often create special bonds with family members. When divorce enters a childs life, it is important that the child is still able to interact with those they love. Custody rights may be granted to parents dividing the time with the child as manageable as allows, but where do grandparents fit in?

gradparents_and_kidIf a parent is found fit, it is ultimately the parents decision as to who has access to the child. The supreme court has found this to be a fundamental right. But what if a parent is unfit? Who has rights? If a child is involved, it is important to remember the welfare of the child first.

If the child's present environment presents a serious question concerning the child's physical health or welfare, there is cause for concern. Many grandparents often step in, in hopes they can take custody of the child. What does the law say about this?

If the parent of the child is exposing them to physical abuse, drugs, chronic neglect, or an unstable living condition, grandparents can ask the court for possession of the child until a court hearing can be held. These orders are temporary and need much evidence supporting the case. Witnesses, documents, and much proof will be asked for if filing an emergency order for custody.

If you are dealing with a situation and believe your grandchild is in danger, call our experienced team for help. Grandparents who would like to have court ordered access can often be of help in a child’s life. Getting experienced legal counsel can help relieve worries and help you to better understand your rights as a grandparent.

Call the experienced team of Kirk & Williams in Midland, Texas to set up a consultation. We are here to help!

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200 N. Loraine St.
Suite# 1224
Midland, TX 79701
Office: 432.687.5035
Fax: 432.687.6664
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