Family law affects everyone, local attorney tells students
by Lauren Crider, nw news editor

    Although few experience the courtroom, most everyone has either been involved in a case dealing with family law or knows someone who has, a local attorney told students last week.

   Janice Schattman discussed divorce, property division, custody issues and child support.

   Schattman’s practice deals solely with family law.

   “Most people will never be involved with a criminal case,” she said. “But the family law practice is widespread.”

   Even Tarrant County’s court system is geared for its heavy family law load. Six of its 28 district courts are for family law matters only.

   Schattman addressed many Texas policies regarding divorce.
In some states a party must accuse his/her spouse of some misconduct and convince a judge to allow a divorce. However, Schattman brought out that Texas has a no-fault divorce system, meaning one only has to ask for a divorce to get one.

   “If you decide you want a divorce, it’s going to happen,” she said.
Divorce is never contested. What is contested are property, debt and children issues.

   After a divorce is filed, there is a 60-day-waiting period. Often during this time, an early hearing is held and a temporary order is given. Assets may be frozen, and temporary custody schedules and property issues may be addressed.

   Although some divorces are brought before the court, Schattman said most are settled between the parties outside of court.

   “Ninety-five percent of divorces are resolved by settlement within six months to a year,” she said.

   A court may also send the case to mediation. An objective person hears both sides, then orders certain guidelines for the spouses to follow. This can involve everything from property to child custody.

   In mediation people can also make decisions that could not be made in a courtroom. They can work out custody schedules, specific property issues and other more personal or detailed matters. 

   Texas is also a community property state, meaning all property belongs to both individuals. Retirement, for instance, is community property, Schattman said.

   Cases of separate property are specific and sometimes hard to prove, the lawyer said. Separate property is anything owned before the marriage, or an inheritance received during marriage.

   Property is usually divided equally between the individuals.

   Earning capacity and fault can sometimes affect the standard 50 percent division. If a doctor has been married for 30 years, during which time his wife has not worked, she may be entitled to more property because her earning capacity is less than his.

   This is also often the case of one spouse who is disabled and unable to work, Schattman said.

   Texas has recently become an alimony state. The restrictions on alimony are strict though. The most one can receive is 20 percent of the other’s income. This, however, cannot exceed $2,500.

   “Debt often poses a large problem in divorce cases,” Schattman said.

   The debt follows the marriage and becomes a community debt.

   A lot of gray area exists though. If the debt is in only one person’s name, the court can order both of them to pay, but cannot enforce the order.

   Since the United States is without debtor’s prison, the only course of action is to ruin one’s credit, Schattman said. However, the only credit ruined will be the one whose name is on the bill.

   Children are another common problem in divorces.
Schattman emphasized not to argue about joint or sole custody saying both were basically the same.

   The difference is that with joint custody both parents have equal rights. But, no matter what, both must enforce the custody schedule unless the children are in danger when with the other parent.

   Schattman brought out the idea of keeping a journal, saying it was a good idea.

   During some cases, specific dates and occurrences must be brought up. A journal is helpful during this.

   During the question-and-answer session, many attendees had specific questions. Schattman answered their questions noting that she would never give legal advice in that type of situation.

   The interest in her topic was so great, she was invited back a second time to speak, Vesta Wheatley, student activities director, said.

   “She’s back by popular demand,” she said.