Collaborative law divorce is a way to shift the focus from “fight and win” to a “solve problems through negotiation” mindset and structure. In a collaborative law divorce, you and your spouse use mediation and negotiations to settle your divorce. You both get the benefit of legal advice, but you have more control over the timeline and process.

Legal support, customized agreements

Many people also find that they have more support by choosing to go the collaborative law route when they are divorcing. Others like the fact that with collaborative law the divorce case stays out of court. There are other benefits to collaborative law as well. These include:

• Your attorney will negotiate with and for you.
• You have control over your agreement rather than leaving it up to a judge
• You can make highly specialized agreements
• The process is more private than a court case because, unlike a court case, there are no public documents

A higher rate of satisfaction

A lot of people report that they are highly satisfied with the results of the collaborative law process. Moreover, the collaborative process is usually more cost-effective and less stressful than a court case.

When is collaborative law not the right choice?

While the benefits to collaborative law divorce are clear there are some cases when collaborative law may not be a good fit. If there was violence in the marriage, if one spouse had an imposing amount of control or does not act ethically then collaborative law will not be a good choice.

Preserving your relationship

If you want to divorce and find a resolution and do it on your own timeline, and also have a strong goal to preserve your relationship, then speak to an experienced family law attorney in your area about collaborative law.

Getting reimbursed for your children’s unreimbursed healthcare expenses, or those expenses that are not covered by your child’s insurance policy, from the other parent requires that you be responsible for maintaining well-documented records of such healthcare expenses. Spreadsheets via Word or Excel are the easiest way to keep track of all your children’s unreimbursed healthcare expenses. If you have multiple children, keeping records and spreadsheets of each child’s unreimbursed healthcare expenses separately will be the easiest way to manage and keep organized. Each child’s section may also include various subsections of healthcare expenses, such as physician visits, prescriptions, and ongoing expenses. The incurred, unreimbursed healthcare expenses should also be ordered chronologically as to keep track of all deadlines for submitting the reimbursement to the children’s other parent.

In addition to the individual rows that count for each unreimbursed healthcare expense, your spreadsheet should include columns of information, such as the count or number of each expense; date of services; the purpose of or reason for expense; the amount of expense paid by you; the full amount of expense if different; the date documentation was sent to the other parent; and amount owed by the other parent.

Just as it is important to keep track of your children’s unreimbursed healthcare expenses as specified above, it is equally as important to maintain a spreadsheet or column for the reimbursements that you receive from the children’s other parent. You should update your spreadsheet as soon as possible after the date of service or receipt of reimbursement from the other parent as not to fall behind on tracking your reimbursements and to risk losing the proper documentation. Keeping your spreadsheet updated can also prevent any delays in filing legal action if necessary. This consistent updating can prove useful if you need to hire an attorney to file an enforcement action against the other parent for failure to reimburse.

The proof required to submit for requesting reimbursement of the healthcare expense from the children’s other parent includes the following:

• Physician’s statement with the child’s name, date of services, and payment amount
• Prescriptions: copies of the prescription labels or patient printout history from your pharmacy
• Explanation of Benefits (EOB) from the insurance provider
• Proof of payment with either receipts, canceled checks, or bank statements
  • If you use bank statements, the statements must clearly identify the payee
• For ongoing healthcare expenses, such as braces, keep a copy of the contract, physician’s statement for each visit, and proof of payment for monthly and down payments
• For hospital billing, keep copies of the various expenses separate, such as physician fee bill with proof of payment, anesthesiologist fee with proof of payment, lab work fee with proof of payment, etc.

For temporary and final orders, the most common method to furnish the other parent the items on the list of proof required to be reimbursed is via electronic mail or e-mail. Both parents e-mail addresses will be inserted into the orders, and if either parent’s e-mail address changes, he or she is required to notify the other parent in writing of a change in e-mail address within 24-hours of such change.

The other methods of furnishing healthcare information to the other parent are hand delivery, mail, courier, text message, or Our Family Wizard. If your order does not specify the method for submitting reimbursement to the other parent, the Court requires submission of unreimbursed healthcare expenses by mail. However, if you often communicate with the other parent via some other method, you should also send a copy via that route of communication.

Mailing the reimbursement information to the other parent is equally effective as e-mail, especially if you are unsure about sending confidential information over the Internet. If you choose to send via mail, it is advised that you send via certified mail, return receipt requested. This method is tracked, but you should also send a copy of the same information via first-class mail in the scenario that the other parent fails to pick up the certified mail from the post office. If you send the reimbursement information both certified mail and first-class mail, the Court will find that you have properly submitted your requests for reimbursement.

You must submit the proof required to the other parent on or before the 30th day after you receive such proof, which will likely be on the same day you make the payment for the healthcare expense. No matter what method you submit your request for reimbursement, you should include a cover letter that includes a salutation with the other parent’s name, an overview of the details of the reimbursable expenses, the other methods that you sent the request, and the date. If you are e-mailing, the date should already be time-stamped, but you should also request a delivery receipt and read receipt of the e-mail to notify you when the other parent receives and further reads the e-mail.

You should always keep a copy of the documents and cover letter or e-mail that you sent to the other parent for your records. If you do send via certified mail, you should receive the green CMRRR card back after being signed by the other parent. Keep this for your records and staple it to the cover letter. You should keep your copies somewhere safe and scan them to your computer to ensure that you will not lose the important information.

Please note that you are not allowed to request reimbursement for unpaid, outstanding healthcare expenses. If you have not paid or only paid a portion of the unreimbursed healthcare expense, you cannot request that the other parent reimburses for his or her percentage share of the outstanding amount but rather only the amount which you have paid. For example, if the total expense was $500.00, but you have only paid $250.00 of the total, you can only request reimbursement from the other parent for his or her percentage share of the $250.00 expensed.

Further, a failure to submit your children’s unreimbursed healthcare expenses does not mean that the other parent does not have to reimburse you, but it does mean that the Court may not find the other parent in contempt of court for failure to reimburse due to a lack of proof that the other parent ever received the request for reimbursement.

If you are the parent who has received a request for reimbursement, you will need to make a full payment for your percentage share of the reimbursement total within 30 days of receiving the proof required from the incurring parent. After paying the reimbursement to the other parent, keep a receipt and spreadsheet for each reimbursement paid. Additionally, if you do not receive the proof required for the reimbursement within 30 days of the date marked on the receipt or date of service, this does not mean you are not required to pay the reimbursement. Instead, you will have 120 days to reimburse the incurring parent for your percentage share of the healthcare expense. You should never ignore paying the reimbursable healthcare expense without first speaking to an attorney.

As of March 23, 2020, there have been several emergency orders issued by the Collin County District Courts, Dallas County District Courts, Denton County Districts, Tarrant County Districts, and the Supreme Court of Texas.  For a full list of those emergency orders affecting Collin County, Texas, please visit Judge Emily Miskel’s website here: https://www.judgeemily.com/emergency-orders/.

 Collin County District Courts have removed all non-essential hearings that were scheduled with a court through May 8, 2020.  Your attorneys and the staff at the Law Office of Natalie Gregg are diligently working to get new hearing dates set on all cases that this affects.  An “essential” hearing consists of: Emergency protective orders, Temporary Restraining Orders, CPS removal hearings, and any other matter as designated by the Court.  This last one is solely at the discretion of your judge.  If you’re unsure of the status of your case, please contact your attorney.

 Dallas County District Courts have not unilaterally removed any hearings and you need to assume that your hearing is still moving forward unless advised differently by your attorney or the Court.

 Denton County District Courts have removed all non-essential hearings that were scheduled through April 1, 2020.  Your attorneys and the staff at the Law Office of Natalie Gregg are diligently working to get new hearing dates set on all cases that this affects.  An “essential” hearing consists of: Emergency protective orders; Temporary Restraining Orders (or other emergent issues); Habeas Corpus and Writs of Attachment regarding children; CPS cases; enforcements, but only if a respondent is currently in custody; and any other matter as designate by the Court.  Similar to Collin County, this last one is solely at the discretion of your judge.  If you’re unsure of the status of your case, please contact your attorney.

 Tarrant County District Courts (for non-360^th District Courts) have cancelled all dockets through April 1, 2020.  The only items being heard are extraordinary relief TROs, protective orders, CPS hearings, writs of habeas corpus and/or attachment of children, adoptions, and child support bond releases.  For the 360^th District Court only, the Court will continue hearing her docket absent unforeseen circumstances.

How do I interpret my possession schedule in light of everything?

Fortunately, we have had some direction from the courts.  First and foremost, Supreme Court of Texas, Collin County, and Dallas County have specifically addressed not only the spring break issue, but the ongoing possession schedule parties should follow while schools are shut down.  These courts have stated that parties shall continue a possession schedule that presumes school is still in session and to not default to a possession schedule as if there is no school in session. The Courts that we have spoken about this with have interpreted this to include that all exchange periods shall continue as if school is in session.  Therefore, if possession changes at the time school is regularly dismissed, then you will follow the school’s normal daily schedule.

On March 22, 2020, Judge Jenkins in Dallas County issued his “shelter in place” order.  Almost immediately thereafter, the Family Court Judges of Dallas County issued an order that specifically states that “exchanges relating to the possession and access to children are considered ‘essential activities’” and that Judge Jenkins’s order “does not modify current Orders regarding possession and access.”  Therefore, despite a shelter in place order taking effect in your county, continue to abide by the possession order you have in place.  Should you have any questions about this, please contact your attorney.

On March 24, 2020, Judge Hill in Collin County issued his most recent order regarding parameters the County and its citizens shall take.  This order requires anyone who believes they are at a higher risk for severe illness and may be compromised from exposure to COVID-19 to remain at home until such time that person no longer believes they are at a higher risk.  As of now, this appears to have no effect on exchanges of children or periods of possession.

On March 24, 2020, the Supreme Court of Texas issued its Seventh Emergency Order which specifically states that all existing court orders shall control and that the possession schedule shall not be affected by a shelter-in-lace order.  However, as always, parties are allowed to make agreements to alter possession schedules, and, of course, if an emergency arises, then parties can address this with their trial court.

What if my ex has been exposed to or diagnosed with COVID-19?

In Dallas County, the Family Court judges have given the following parameters in the event anyone affected by a possession order is exposed to or diagnosed with COVID-19: 1) notify the other parent as soon as you have reason to believe of the exposure/diagnosis; and 2) discuss the best path forward for all parties involved.  If no agreement can be reached, the Courts have stated during this pandemic, factors that may exists that affect possession and access include: 1) child’s best interest, 2) material and substantial change of the circumstances of a party or child, 3) child’s physical health, 4) physical needs of the child, 5) physical dangers to the child, and 6) the ability of the parties to care for the child.

Help, I’m stuck at home and want a hearing!

We completely understand! Know that there are other ways to be able to handle a divorce or temporary orders on a child custody case.  Several mediators around the state are now offering virtual mediations.  This is a great tool to use to get a resolution on temporary issues while we’re awaiting the Courts to reopen to non-essential hearings.  Further, former judges are allowed to act as private judges at all times.  Many former judges have made their availability known to attorneys in the event any parties do not want to wait or where mediation would not be helpful.  Contact the Law Office of Natalie Gregg to schedule a consult and discuss your options during this time.  We’re here to help!

Please check back, as we will continue to update this as new emergency orders are issued by the Supreme Court of Texas or our local county judges.

Not necessarily, and unfortunately, the answer is “it depends.” Without a compelling reason, such as physical violence, you and the opposing party will need to coexist in the marital home, even after you file for divorce. The good news is that you can get a court hearing set with the Judge to determine who will reside in the home while the case is pending.

In family law, the typical first step after initiating a lawsuit is to get Temporary Orders put in place. These orders ensure that everyone abides by the same set of rules while the case is pending.  Temporary Orders can be granted in a divorce, original custody proceeding, modification of a previous order, or in termination/adoption suits.  Until these orders are entered or ruled on by the Court, it can be the Wild Wild West among parties, with no set possession and access schedule for the children and no one having exclusive use of the marital home.  Even parties that are getting along during the initial separation can benefit from Temporary Orders. A family law case can take up to a year (on average) to be completed in Collin County or longer if you live in Dallas or Denton Counties.

• Temporary Orders are helpful for some of the following reasons:
• The Temporary Orders hearing is everyone’s first look at the arguments and general allegations in the case.
• The Temporary Orders set the tone for the case and are unlikely to drastically change at final trial or during the negotiation process.
• Parties’ debts are clearly defined to protect the marital estate from harm.
• If there are concerns about the children’s well-being, guidelines will be established to safely keep the parties in the children’s lives.
• If there are concerns about a party not maintaining an active role in the children’s lives, Temporary Orders can give that party an opportunity to prove how much or how little he or she will engage with the children.
• If the parties are not in agreement regarding conservatorship and/or possession of the children, a child custody evaluation can be ordered to help guide the Court in its ultimate determination.

It is not necessary for the parties to attend a court hearing to accomplish Temporary Orders. Parties can come to an agreement either through informal settlement negotiations or through mediation.  The attorneys at the Law Office of Natalie Gregg, however, strongly encourage our clients to get Temporary Orders in place to limit possible disagreements about payments of bills, the children’s schedule, and the use of property while the case is pending.

Before meeting with your attorney, be prepared to talk about these temporary issues that frequently arise in family law cases:

• Where each party will reside while the case is pending;
• Necessity of temporary financial support during separation;
• Payment of monthly bills and/or minimum payment on debts;
• Where the children will reside and/or attend school;
• A possible possession schedule for the parties with the children;
• Any concerns regarding the safety and care of the children (if alcohol or drug use is a concern, please review this blog post for more information);
• Any health issues that need to be addressed for the parties and/or children.

1. Who wants the house? (typically the largest asset)
2. Can you afford health insurance post-divorce?
3. How do you allocate retirement benefits?
4. Have you discussed downsizing/budgets?
5. Consider the effects of Social Security Benefits?
6. Do you qualify for spousal maintenance?
7. How much longer do I have to work if I divorce in my 50’s or 60’s?
8. How do I modify my “bucket list” while maintaining financial security?

We all know someone who has suffered from an addiction. It is not easy to be in any relationship where one person is out of control.

It is even more difficult when one person’s addiction affects the marriage and the family. This is true with drugs, alcohol, shopping, and gambling.

Suzie and Thomas* lived a middle-class lifestyle. Each worked. Thomas was a factory supervisor and Suzie was a teacher. Even though Thomas put in 40-hour work and overtime they were still having trouble paying the bills.

The couple rarely went on any trips or vacations and drove older cars. Until one day Thomas came home with a brand new truck. He said he bought it with a bonus from work.

Suzie sensed that something wasn’t right. That night she went to Thomas’s work. He wasn’t there. After a bit of detective work, she found out that Thomas had been going to the casino. He’d been missing work and had not been working overtime as he said. The truck was bought with a lucky gambling win.

Gambling and divorce in Texas

While there is no legal separation in Texas, Texas law does allow for both fault and no-fault divorce. Texas is also a community property state. This means if the non-gambling spouse has control of the money he or she can continue to have control and cut off the gambler from extra funds. The only thing the non-gambler is responsible for is necessities.

If both parties want to work it out then Gamblers Anonymous or other addiction support groups can be of help. Know that gambling can take on many forms including risky investing, online gambling, or trips to casinos. Of course, if nothing changes divorce may be the best option. Depending on your unique situation a restraining order and temporary orders may also be in your best interest.  An attorney can advise you on whether or not the gambling spouses’ portion of the community estate can be reduced because of the monies wasted by the gambler.

*Names and identifying attributes have been changed.