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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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LOOKING FOR AN ATTY IN TEXAS REPRESENTING ROCKWALL COUNTY

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LOOKING FOR AN ATTY IN TEXAS REPRESENTING ROCKWALL COUNTY IF ANY THAT CAN GIVE DEFINITE FACTS AS TO FILING FOR DIVORCE for wife. she has no INCOME SPOUSE ONLY--WILL THEY MAKE HIM PAY FOR DIVORCE HAVE TWO CHILDREN UNDER 12. AND WHAT IS RETAINER ESTIMATE AND WILL THEY PUT HIM OUT OF HOME    FEAR FOR POSSIBLE VIOLENCE ASPUSHED HER 2 DAYS AGO AND HAS PREVIOUSLY PUNCHED HOLES IN WALL IN ANGER
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



JustAnswer cannot represent you in your legal matter, but I can answer some of your questions. I am a Texas attorney.





Customer: replied 4 years ago.
daughter in bad need of divorce representation has 2 boys 12 and 8, husband has good income but controls all. she has no funds and i am trying to figure how much and way to borrow for retainer fee, husband has taken her name of cc cards and bank account and/. he has been staying home to do most of his work, he is a computer analyst consultant she does not work as since birth of children he didnt want her to work i believe her fear has increased of possible violent behavior- as he pushed her other day and he has previously poked holes in wall he drinks quite occassionally--but wouldnt ay he is an alcoholic? she has no family and one close friend where she lives she is now afraid to communicate on internet or phonwe in his presence as causes anger with him she goes to take kids to school or games and practice was involved with pta this has been ongoing for last few yrs and he refuses counciling let me know if you need more info thanks gidget
Expert:  Ely replied 4 years ago.
Okay...I understand the situation, so what is your question?
Customer: replied 4 years ago.

I need to know if they will make husband pay if she files and what upfront costs she has to have to file and if you could recommend an atty or special type of attorney in rockwall county texas area where she lives i am seeking any info i can get to help her out of this situation before matters get worse let me know if you need more answers thanks a lot gidget

Expert:  Ely replied 4 years ago.
You mean what he'll have to pay in child support?
Customer: replied 4 years ago.
still waiting for response
Expert:  Ely replied 4 years ago.
I need to know if by "will make husband pay if she files" you means child support?
Customer: replied 4 years ago.
sorry-not making myself clear. no i was wanting to know if she can get an attorney rhat will make him pay for divorce since she has no funds or let her make payments when she can get a job?i assume he would have to pay child support. without funds for divorce i hear in texas almost impossible and if not if you might possibly know of some attorneys in her area that could make him pay or work payment with her-(knowing she has not worked in 12 years ands jobs are scarce plus would have to get sitter- i know she would be willing to work but she cant while he is there and as i said the situation in the home is very stressful. since you are from texas thought you might be able to give some suggestions and also does all attys basically charge 250 an hr. and what is cost of usual retainer fee.? thanks again for teying to help me i really appreciate this -
Customer: replied 4 years ago.
also i understand the base fee on child support is 25% after taxes and ins.?
Customer: replied 4 years ago.
i guess how she can get an attorney to help her with divorce since she doesnt have funds and about how much cost would be for retainer and if you knew anyboys in her area that could handle this and maybe have husband pay for the divorce since he has income i hope i have maaaade myself fairly clear as to my questions and needs again thanks a lot
Customer: replied 4 years ago.
still waiting for response after reply to eli thanks maybe tomorrow as i didnt get any reply it was about 5 so maybe went off line for day
Expert:  Ely replied 4 years ago.
Okay, that is a lot of questions, so I will handle them one by one:The Court does NOT appoint legal assistance in family la cases, so if she does not have an attorney, she will have to either hire one or show up without one.Indeed - standard rate of support is 25% plus healthcare insurance.<BRThe Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.



The courts generally do not like to split the custody 50/50 since this is hard on the child – imagine having to move every half a year.



One parent usually becomes the main caretaker (in many states this is called the managing custodian) and the other parent becomes the "weekend" parent (often called the posessory custodian) which is every Thursday, every other weekend, and alternating holidays. The minute points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.



Even if a parent does not get managing custody, they are almost guaranteed the posessory custody unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even posessory custody, although supervised visitation may be granted by the Court.


Most attorneys go from $75 to $250 an hour, so it really depends on the attorney.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88304
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.