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Page Contents:Overview - Law Office of R Anaicka OrtizMediation Downloadable forms and informationFrequently Asked QuestionsOptions for Handling DisputesPayment OptionsMap and Contact InformationArticle: De-clawing DivorceArticle: Adoption Option
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Law Office of R Anaicka Ortiz
Anaicka Ortiz is a family law attorney in the Katy, Texas (West Houston area). Attorney Ortiz practices
in the Katy area and surrounding areas, and considers cases local in Waller County, Austin County, Fort Bend County, and Harris
County. She also practices in other counties in Texas, including recently, Dallas County, Calhoun County, Colorado County,
and Montgomery County. At least 50% of Attorney Ortiz's practice focuses primarily on family law. Ms.
Ortiz also practices in the areas of Landlord and Tenant disputes and Small Business Mediation and Small Business Litigation.
In addition to being a Katy area lawyer, Ms. Ortiz is certified as a family mediator and as a parent coordinator.
Few attorneys are certifed parent coordinators because of the specific educational requirements in Texas, and few attorneys
qualify. Ms. Ortiz has a Bachelor of Science degree in Psychology and received the Outstanding Student Award in Psychology,
making her eligible for certification as a parent coordinator. This combination of legal experience, psychology background,
and focus on children and families makes Ms. Ortiz a very effective parent coordinator and mediator in high conflict divorce
and family law cases. In addition to litigation services, Ms. Ortiz offers collaboragtive law services for a more
civil and family friendly approach. Attorney Ortiz is also
director of Angel House, providing supervised visitation services. For more information about Angel House check the
Angel House page on this site. Angel House is located in Katy Texas. Attorney
Ortiz is active in the State Bar and American Bar Associations, serving on several committees. In addition, she has
long been a member of the State Bar College and Pro Bono Bar for her extensive continuing education and for providing fee
or discounted services to those in need. Ms. Ortiz is also a writer. Her
articles may be found on various websites and publications, usually on legal, relegiouis, children, or family topics. For more information about Ms. Ortiz or her law practice, check the website at www.e-lawyertx.com. For more information about collaborative law or to find other Katy
attorneys who practice collaborative law, see www.collablawtexas.com, and www.texasbar.com For more information about parent coordinators check www.mhp-houston.com or see the Angel House page on this site. *not board certified by the board of legal
specialization
To schedule and pay for mediation click here.
Mediation Mediation your marriage to improve
your relationship. Mediate your divorce or other matter. Ms. Ortiz has participated in hundreds of mediations
in every capacity, reaching a favorable result. Call or e-mail for more information and for a mediation packet.
We will have downloadable mediation forms available soon.
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New service option - do it yourself legal forms, available for order online. For more information check www.e-lawyertx.com. Make a Payment on your account with Law Office of R Anaicka
Ortiz. You can choose multiples to customize your payment amount. For example, to pay $700.00, choose option one quantity
7. | Payment Options | |
Option 1 $100.00 Option 2 $200.00 Option 3 $500.00 Option 4 $1,000.00 |
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Please
view the attached documents and information. The forms may be helpful or required for your family law case. For additional
information check download documents or see other sites referenced on this page. Other information is also available
on other pages on this site and at www.e-lawyertx.com.
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De-clawing Divorce Texas joins other states in offering civilized divorce proceedings.
We’ve all heard the statistics that more than fifty percent
of all marriages end in divorce. Chances are you know someone who went through
a bitter battle. Divorce does not have to draw blood. On September 1, 2001 an amendment to the Texas
family code came into effect allowing for “collaborative” dissolution of marriage.
Collaborative law started in Minneapolis in 1990. California
followed suit in 1993. The collaborative approach allows divorce with dignity; dramatically increasing the amount of control the divorcing
parties have, while decreasing the stress and may decrease costs while maintaining privacy. This approach promotes cooperation and communication, which is especially important when children are
involved. The parties and their attorneys agree in writing to use their best
efforts to make a good faith attempt to resolve their disputes outside the court. If the matter is not resolved, the parties
must hire new counsel and then can proceed with litigation. Nearly
95% of all cases settle prior to trial. In the litigation approach, settlement
may be reached in mediation, negotiations, or in the halls of the courthouse on the day of trial. In litigation, the attorneys must take an adversarial approach and parties become more antagonistic. Sometimes the antagonism extends to other friends and family member. Children suffer. Communications are strained. Information is often withheld. Tactics by each side run up
costs and raise anxiety. Since most cases settle anyway, it just makes sense
to at least try a collaborative approach first in most cases. What does that mean. The
divorcing parties and their attorneys must agree to exchange information fully and candidly.
This eliminates costs associated with written discovery requests, subpoenas, and depositions often required in litigation. In a collaborative proceeding the parties agree on experts to be used, so there
is not battle of experts sometimes seen in litigation. Collaborative law puts
control in the hands of the parties and their attorneys, not the court. The parties
have two years from the time the collaborative law agreement is signed to wrap up the divorce.
In most situations courts must clear their divorce docket in six to twelve months.
Parties make decisions about how to proceed, eliminating the costs and time spent in hearings, where one side will
lose. Parties often come up with creative solutions so both sides win. Even more importantly, when kids are involved, the kids win. In a collaborative approach the attorneys and parties work as a team.
Counselor, experts and other neutral third parties may be added to the team.
The team agrees to follow specific rules, including respectful communications, and commit to the process. The team usually meets several times to discuss issues and options, and to finalize an agreement. The parties then present the agreed decree of divorce to the court for approval. Since most divorce cases settle any way, with collaborative law the
parties can settle with trust and respect instead of bitterness and resentment. If
you are interested in learning more, please complete the form above or call the law office.
To find mor informaiton on collaborative law or to find a collaborative lawyer in your area, check www.collablawtexas.com. Why would an attorney want to use this approach if it cuts down on
their billable hours? It allows the attorney more scheduling control and wastes
less time waiting in court. The collaborative process is less stressful and clients are more satisfied with the end results
that with litigation. Practicing collaborative law requires additional training
and expense of joining a group collaborative law group. The state bar offers an on line course, and check out www.collabolawtexas.com
or www.texasbar.com for additional information. by Anaicka Ortiz
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Frequently
Asked Questions How long do I have to wait for my divorce to be final? In Texas, you must wait 60 days from the time you file until your divorce
can be finalized, even if it is uncontested or is agreed. If we have joint custody will I have to pay child support?
In Texas joint custody is prefered but one
parent will have the right to determine the primary residence of the child. Rights and parenting time may vary depending upon
the circumstances. Either parent can be the one to determine primary residence -- primary parent. Texas sets out standard
possession and access for the other parent, but either the parents can come up with their own plan to meet their individual
needs. Child support is also standard, but can be changed by agreement or for good cause, with approval by the court. Even
with joint custody child support is usually required. I don't want a divorce. Can I stop it? No. Once your spouse files for divorce the case will go on without your participation or over your
objections. You may be able to get the court to order counseling. Do we have to mediate? You must try to work the matter out using alternate dispute resolution (ADR) before
trial. Mediation is one form. Parent Coordination may be another form if proposed legislative amendments pass. Mediation is
the most common ADR used in family law matters. If there is a history of domestic violence or other good cause, mediation
may be waived by the court.
Do I have to hire an attorney? No, but it is usually beneficial to have an attorney. You can do the divorce yourself using forms available at
the law library, online such as on the Dallas Bar Association's website or through a service such as www.e-lawyertx.com. You
and your spouse may also agree to do a mediation combined with a form service to minimize costs. Legal advice is important
no matter what option you choose. If you want to try doing your own forms click here. Who pays for the divorce?
Usually each party pays his or her own costs and fees. The parties
can agree that one or the other will pay. In some situations the court may order one side to pay fees for the other. What if I don't want child support?
The courts in most cases require child support. The focus is on
the best interest of the child. If you can convince the court that no child support is in the child's best interest, such
as to allow the party money to exercise visits or to keep a larger home for the child during visits, the court may allow it.
It is entirely up to the judge. Do I have to let the other parent have visitation if they are not paying support payments? Yes. The bottom line is what the court perceives as best interest of the child.
It is generally presumed that a relationship with each parent is in the child's best interest, even if support is not being
paid. You cannot use lack of support to justify interfering with the other party's rights to possession and access to the
child. You can even be held in contempt and possibly criminally charged for interfering with the other parties right to possession
and access to children. What if I don't know where my spouse is? You can still get a divorce by serving your spouse by publication. In some cases the court will appoint
an attorney called an Ad Litem for the missing spouse and you will have to pay the fees for that attorney. The court will
definitely appoint an ad litem attorney for the missing spouse if children are involved. Can I date while the divorce is going on? You are still
technically married, no matter how long you have lived apart, until the divorce if finalized. Some judges and many juriors
still view dating as adultry. Women, in many areas, are judged much more harshly for dating, especially if kids are
involved. These Questions and Answers and
provided for general information purposes, and are not intended to be attorney advice or to establish any sort of attorney
- client relationship.
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BACK TO TOP
Adoption Option There are thousands of children in Texas alone waiting
in foster care for a home. A quick look at www.tare.dfps.state.tx.us reveals hopeful waiting children. You don't have to have a huge house, lots of money,
be young, be older, have a specific profession, have experience, or be able to stay at home. All you need is love and
willingness to accept and tend to a child and the ability to provide physically and emotionally. To adopt a child already in foster care, programs are available through the state and through non-profit groups like
Depelchin Children's Center. There are many older children waiting and waiting and waiting. Sibling groups are
often split up so that the children not only loose their parents, but also loose the other family relationships as well.
If you have a heart to do so, adopting a sibling group would at least preserve family for these kids. Babies are also available. Usually to get a baby through the state you have to be a foster parent. You
can then foster a baby until the child becomes available for adoption or is returned to the birth family. Babies
may come and go in foster care before one becomes available for adoption, so it can be heart wrenching if you have fallen
in love with the foster baby, but it is worth the wait. For more information or to see available
children check these sites. www.txcare.orgwww.adoption.orgwww.adopt2000houston.orgwww.tare.dfps.state.tx.us
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Dispute
Options
There are many ways to handle disputes, ranging from friendly and civil to very adversarial.
We can help you figure out what method is best for your situation. We will adapt with you and the situation to best meet your
changing needs.
1. Kitchen table option. Both parties generally agree and work well together and just need help
doing the paperwork. They can try a do-it-yourself approach or hire counsel to work out details. This is the least expensive way to resolve disputes, emotionally and financially. 2. Mediate without attorneys. Sometimes the parties are generally agreeable but need a referee to help work out details
and help them with paperwork. Again, the parties may use a do-it-yourself program for the paperwork or may have an attorney
complete papers after they reach their agreement. 3. Collaborative method. The parties each hire an attorney and the
parties and attorney's all sign an agreement to work together as a team to resolve the problem in an open and honest manner.
The court has very little involvement and the parties retain more control. Others may also be added to the team, such as financial
experts. 4. Litigation method - mediation. The parties each hire attorney's and agree to mediate the matter to try and
resolve it, leaving open the option of going to court if they cannot fully settle. Litigation methods are more expensive and
not open but adversarial in nature. 5. Litigation method - traditional. The parties cannot agree, but may be required
by the court to mediate anyway to try and work out at least some of the issues. Litigation method is adversarial and can be
very costly, both emotionally and financially.
For do-it-yourself options check e-lawyertx.com.
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