When a party is required to give testimony in divorce court it is usually because there’s an argument over one of two questions. The first is child custody, and the second concerns property division.

If you listen to your lawyer, you often will hear the same piece of advice given about any type of courtroom testimony. It usually goes as follows: “Answer the question given to you, and only the question, do not elaborate.” An analogy: Only a little water will clean you up nicely–too much of it and you are likely to drown. Lawyers do understand that there’s a huge temptation to give the full story in response to a single question, but the more you speak the more ammunition you may give your opponent. To summarize, why assist the opposing lawyer in looking good? Keep it short!

Second, if you have made a huge mistake in life, do not volunteer it, but simply fess-up when asked. Trust me, if you’ve screwed up royally, the opposing lawyer has a witness who will remind the Court, and everyone else, what you did. It is always easier if you are the one to do it first, not in a dramatic way, but merely as an acknowledgement of human frailty. In short, if you are seeking custody and have had a drug problem, it will hurt you, and perhaps it should. But lying about it only to have a cop get on the stand afterwards, and talk about your long rap sheet will do much worse for you than simply admitting the problem yourself.

Third, never ever say on the witness stand: “You can’t prove it!” Or perhaps, “It’s my word against his/her’s.” The translation of these words to the Judge is: “Heck yes I did it Judge! But I’m not going to tell you that here!” The result of such testimony is the same as an admission of guilt, only worse.

Finally, always adhere to this advice: If you don’t know the answer to a question, then say that you don’t know–don’t speculate or guess! This advice applies even to things that you should know! Speculation gives the opposing party a chance to show the Judge that your testimony is unreliable. For example, you are arguing over custody of your third grade daughter and the opposing lawyers asks, “who’s your child’s homeroom teacher?” If you don’t know then say it; don’t blurt out “Smith!” Yes, not knowing hurts but judges understand that lawyers’ cross-examination questions are intended to hurt. In this scenario, your own lawyer might well come back and say “Well he doesn’t know the homeroom teacher, but he knows the names of the gym teacher, principals, ARD advisors, and every physician she’s ever been to!” That’s an ideal recovery to a missed question. So the underlying lesson to be learned here is: be prepared! Proper Prior Preparation Permits Peak Performance!

The end of a marriage can affect every part of your life. Aside from the emotional consequences of divorce, you must consider the financial ones as well. As a result, finding the right family law attorney serving The Woodlands is key for your future security and well-being. Because divorce is not an event that many people experience often in their lives, few have significant knowledge about how to choose a divorce attorney. If you are in need of a lawyer, keep these guidelines in mind during the selection process:

Evaluate Your Options
An impeding divorce can be a worrisome situation even under the best of circumstances. You may feel pressed to choose the first attorney that a friend recommends or a commercial suggests, but it is important to exercise patience until you feel wholly comfortable with a particular attorney or law office . With this in mind, you can use resources such as loved ones and media outlets to create a list of potential candidates with whom you would like to discuss your case.

Set Up a Consultation
Family law experts often allow for complimentary meetings with prospective clients so that they can learn more about the case. This first appointment may be all the time you have before deciding if you want to use a particular divorce lawyer, so come to each consultation prepared with questions. You should also observe how each attorney interacts with you. Indeed, this lawyer may be a person with whom you must work with for several months or longer. Having a comfortable professional relationship is often critical for an optimal legal outcome.

Give the Lawyer the Necessary Facts to Assess the Case
As you consult with each divorce lawyer, you may want to bring up specific circumstances that may impact the details of your divorce. For instance, did you sign a prenuptial agreement with your spouse? You should also tell each attorney if you have children, as the status of your current child custody and child support arrangements could affect the outcome of your divorce. Knowing that your lawyer has a background helping clients with such aspects of their divorces can better ensure that you too can experience a favorable result. In any event, when consulting with an attorney, do not withhold negative information about yourself. Rest assured, if you keep your attorney ignorant of your dirty laundry, your spouse will not keep the opposing attorney similarly in the dark. Your attorney needs to prepare a response to negative information about you – and that’s best done weeks or months in advance of a trial, versus standing in front of the judge. Disclose everything as soon as possible.

The Law Office of Andrew J. Bolton, Esq. is a law firm near The Woodlands with additional offices in Huntsville and Sugar Land Texas. Our firm focuses on the specific needs of each of our clients, whether they are dealing with divorce, child custody or drafting wills. Even though our family law attorneys are compassionate during client consultations, we provide aggressive representation in the courtroom.

Andrew J. Bolton is a family lawyer and was a longtime resident of Cypress, Texas and is a current resident of New Waverly, TX. Mr. Bolton graduated from Cypress Creek High School in 1981. Following graduation, Mr. Bolton went on to earn his Bachelor’s Degree in Spanish Language at Brigham Young University in Utah. He then earned his Doctorate of Jurisprudence at the J. Reuben Clark School Of Law. During law school, he was also editor of the BYU Journal of Law and Education. Following law school, Mr. Bolton returned home to Texas and began practicing family law. He was partner in the law firm of Bolton & Bolton, PC in Tomball, Texas and then served as City Attorney for the City of Magnolia, Texas. As a lawyer, Mr. Bolton’s goal is to provide the best quality legal representation by developing long-term relationships with clients.

When someone has a child after writing a will, such child is known as a “pretermitted child.” Texas has complicated provisions for what a pretermitted child inherits where there is no provision made for them in the will. Sometimes these provisions act in a manner that may seem unlike what many testators would have actually wanted. Moreover, if the probate estate is taxable, then the statute will almost always change the estate plan in a manner to make it less effective. For these reasons, attorneys are taught to contemplate what should happen to a pretermitted child. Often, the best way to do this is so obvious, there is no need to really discuss it with the client. For instance, if a couple have three children, they want all their property to go to each other when the first spouse dies, and then to be split among their children. Among the “boilerplate” language that most people skim through, there will be a provision inserted by the attorney that states that “my children”, shall include all children born to or adopted by the testator. However, where my client is splitting his property among groups of people, such as between his children and his wife, or between the children of two marriages, or between children and other family members, I always ask them how they would want to treat a child born after the will is written. Some clients simply answer the question, some laugh, as they consider themselves too old to have children, but are willing to concede adoption may be a possibility, however remote. However, I have had some people, able to have children, who are adamant that, as no additional children are planned, no mention of additional children should be put in the will. I have had this opinion stated so forcefully that the client was unwilling to listen to my explanation of why the issue should be addressed. In that case, of course, I do what my client wants. However, here are a few possible examples of what can happen when the will makes no provision for a pretermitted child.

Claude has a disabled brother for whom he is a caregiver. When he writes his last will and testament, he gives his brother a home, and a generous trust to take care of him during his lifetime. He gives everything else to his wife. Claude is 65, and laughs at the idea of having children. His 45 year old wife becomes pregnant, and before Claude gets around to asking his lawyer how this will affect his estate plan, he dies. The child now inherits everything Claude intended to give his brother. The gift to the wife is unchanged. Seemsly unlikely, right? But this scenario has already happened.

Cynthia is not on good terms with her three children. She leaves them a $10,000 CD to be divided among them, and the rest of the property goes to her sister. However, she then adopts her abandoned grandchild, but neglects to rewrite her will. In this very common scenario when she dies, the adopted child receives 1/4 of the $10,000 CD, or $2,500. The sister gets everything else.

Roberto has one child from a previous marriage, and wants his will to divide his property equally between his child and his wife. He realizes that he and his wife could also have children, but he is adamant that they will not. He has already raised his family. His wife is strangely silent during the interview. When Roberto dies, his wife is pregnant with twins. The half of the property Roberto intended for his child from his first marrigage is divided into thirds. The first child now gets 1/6 of his property, the twins each also get 1/6, and Roberto’s wife’s one half goes to her unchanged.

As you can see, a great deal of harm can come from not addressing the possibility of a child born or adopted after the will is written, and there is no possible harm from addressing what should be inherited by such a child, even if the client is right, and there are no children born or adopted after the will is written. I have never heard of a lawyer who charged extra for putting in a pretermitted child clause, and even the most suspicous people will usually admit that addressing the possiblity of a future child does not make the future child more likely to appear.

If you would like to review your will to determine if it needs to be updated with a pretermitted child clause, please contact my office at 936-435-1908 or 281-723-2791 to schedule an appointment.