Wednesday, March 30, 2022

Aaron Reimer presents at South Texas College of Law Houston

For those wishing to become a future attorney, having experts who are in the field of law providing invaluable insight can be an advantageous opportunity.  To know and develop a better understanding of daily practices, unique career paths, and receive detailed advice allows law students to gain an advantage to becoming a lawyer.  The more information a law student can receive before graduation, the better equipped they will be when helping their future clients.

Aaron M. Reimer, Partner at Jenkins & Kamin Family Law was invited by South Texas College of Law Houston to be featured on a panel of alumni working in the areas of immigration and family law.  Reimer is no stranger to giving back to students who desire to help clients navigate the legal complexities.  In addition to serving on the Alumni Association Board of Directors at the well renowned law school; he is also the immediate past chair of the board.   While in law school, Aaron clerked for the Honorable Judge Georgia Dempster of the Harris County 308th Family District Court.  He also clerked for the Honorable Justice George C. Hanks, Jr., in Houston’s First Court of Appeals.

After graduating from law school, Aaron continued his education at the University of Houston Law Center, pursuing a Masters of Law in taxation.  The specialized training he received provides him added depth of knowledge when handling complex property issues for his clients and make him an invaluable asset to the marital property team. In addition to representing parties in complex divorce litigation, Aaron also represents clients in negotiation of premarital (prenup) agreements and partition (postnup) agreements.

South Texas College of Law Houston was founded in 1923 and is accredited by the American Bar Association.  It is the oldest law school in the city of Houston, and consistently ranks in the top 10 nationally for its trial advocacy program.  In 2020, the Princeton Review placed South Texas College of Law on its list of “Best Law Schools”.

Jenkins & Kamin LLP is one of the most respected family law firms in Texas. The firm is noted for its “team” approach by pairing skilled attorneys, paralegals and other support staff to enhance each client’s experience in difficult life transitions.

In addition to the “team” approach, Jenkins & Kamin, LLP strives to personalize case strategies for each individual client, including identification of every particular legal issue and effective explanation of the law with respect to those issues.  Jenkins & Kamin, LLP endeavors to achieve a resolution that is appropriate for each client, while aggressively advocating on their behalf when necessary. Having a dedicated and experienced team working with you in any family law matter is of utmost importance to achieve the best result possible.

Jenkins & Kamin LLP represents clients in the following aspects of family law practice: Marital Property Agreements, Divorce, Complex Property Issues, Child Custody & Visitation, Child Support, Parentage, Modifications, Family Law Appeals and Dispute Resolution Alternatives. To learn more about the firm, visit www.jenkinskamin.com or contact one of our offices in the greater Houston area.

Tuesday, March 15, 2022

Financial Tips When Facing Divorce

 If you are going through a divorce, you may feel overwhelmed and not understand where to begin. Your life is facing significant changes, whether you initiated the divorce proceedings or found yourself blindsided by a sudden upheaval in your relationship. So, where should you start? Unsurprisingly, the first place you should focus your efforts is the finances.

Here are a few tips that can help you get your financial house in order as you proceed through the divorce process:

Conduct An Audit of All Financial Documents

You should immediately gather all financial records to which you have access, including bank account information, mortgage statements, credit card bills, wills, trusts, tax returns, etc. Make copies of all documents and then store them in a safe place. Ideally, you should save all financial documents to a “thumb drive” and give it to a trusted friend or family member so that your partner will not have access or any opportunity to sabotage them. You can also procure a safe deposit box to secure any original documents of financial importance.

Set Aside Funds for Legal and Divorce Fees

If your spouse controls your access to liquid funds, it can be difficult to secure the necessary monetary resources to hire competent legal representation. If divorce appears imminent, bear in mind that the spouse who provides the access is likely to cut off the money supply - a common tactic in contested divorces that often entices the other spouse to agree to unfavorable settlement terms.  Avoid this kind of financial pressure by being proactive (i.e., establish your own bank account at a separate financial institution for this purpose, but more on this to follow further below).

Obtain a Copy of Your Credit Report

There are many sites and services where you can obtain your credit report and provide you the opportunity to monitor it as well. By keeping an eye on your credit report, you’ll be able to see if your spouse is making charges on any joint credit cards or establishing new accounts in your names so that you or your lawyer can more readily identify how marital assets are being expended.

Establish New Accounts in Your Name

When opening a new bank account, you should not use the same bank or banks that holds your joint accounts or known separate accounts. Go to a different bank and open a new checking and savings account in your name only. Follow the advice of your attorney when it comes to how much of your joint funds you should withdraw and use that to establish your separate account. You may also consider opening a credit card in your own name if you do not already have one to establish a good credit record. You will eventually have to disclose the existence of any accounts you have established and demonstrate what the funds on deposit were used or charged for once the divorce proceeds; however, you will have taken the first step toward financial independence.

Open a Post Office Box

After you have acquired legal representation and opened new financial and credit accounts, you will begin to receive mail that you will wish to keep confidential. Open a post office box and provide yourself with peace-of-mind that your mail is being delivered somewhere that only you can access.

Changing Your Will & Medical Directives

Most states, including Texas, will not allow you to assign more than 50% of your marital assets to others until the divorce proceedings are finalized. However, you can change your will to direct that your 50% of the marital estate be allocated as you wish. More importantly, you have every right to immediately change or establish medical directives that prevent your spouse from making significant health-care decisions on your behalf. Once the divorce is finalized, you can completely revise your will to address those assets that were awarded to you. You should also update any beneficiary forms for all financial accounts, retirement accounts and life insurance policies once the divorce is concluded.

Completing these steps will aid you as you navigate the divorce process so that you can make thoughtful, reasoned decisions along the way in securing your financial future beyond divorce.

Jenkins & Kamin LLP is one of the most respected family law firms in Texas. The firm is noted for its “team” approach by pairing skilled attorneys, paralegals and other support staff to enhance each client’s experience in difficult life transitions.

In addition to the “team” approach, Jenkins & Kamin, LLP strives to personalize case strategies for each individual client, including identification of every particular legal issue and effective explanation of the law with respect to those issues.  Jenkins & Kamin, LLP endeavors to achieve a resolution that is appropriate for each client, while aggressively advocating on their behalf when necessary. Having a dedicated and experienced team working with you in any family law matter is of utmost importance to achieve the best result possible.

Jenkins & Kamin LLP represents clients in the following aspects of family law practice: Marital Property Agreements, Divorce, Complex Property Issues, Child Custody & Visitation, Child Support, Parentage, Modifications, Family Law Appeals and Dispute Resolution Alternatives. To learn more about the firm, visit www.jenkinskamin.com or contact one of our offices in the greater Houston area.

Monday, March 7, 2022

Who Gets Custody of Pets in a Divorce?

 One of the more common points of contention in the divorce process is who retains custody of family pets? Many people with dogs, cats, or even birds and fish, consider their pets as members of the family. When pets are acquired after two individuals are already married, each party will often have equal attachments to the pet and advocate for their rights as a pet parent. However, is there a legal requirement that ensures each spouse has possession or continued rights to visit a shared pet?

In Texas, pets are not regarded as family members, but rather, are treated as personal property. The legal contention of the issues dates all the way back to 1858 with the Texas Supreme Court case of Howard vs. York [1]. In this case, the highest court of the State established that animals are considered property and that ownership is characterized as either separate property or community property. In 2010, this was reaffirmed by the Austin Court of Appeals [2], stating that pets purchased with a spouse’s separate property money remain the separate property of that spouse.

During a divorce, animals are divided between the husband and wife along with all other property at issue. Only one of the parties will be granted sole custody over a pet in Texas. Conversely, Alaska became the first state to consider the animal’s well-being in 2016, and Illinois passed a similar law in 2018 which requires the court to determine sole or joint ownership over a pet. More recently, in 2021, New York passed a law requiring courts to consider the best interest of a pet during a divorce when determining possession.

For now, the only way to ensure both parties in a suit for divorce in Texas can maintain his or her respective bond with pets is through mutual agreement and creativity. A possession schedule can be created to mirror a shared-custody arrangement, much like what is done with any child who is the subject of the suit.

When contemplating such an agreement with your former spouse or partner, be sure to consider and establish mutual responsibility for your pet’s expenses, such as veterinary care, food, medications, and grooming. If a detailed agreement regarding your pet cannot be achieved, then both parties, and their beloved pet(s), are at the mercy of the trial court to award ownership to one party or the other, along with the rest of the “pots and pans” at issue.

Jenkins & Kamin LLP is one of the most respected family law firms in Texas. The firm is noted for its “team” approach by pairing skilled attorneys, paralegals and other support staff to enhance each client’s experience in difficult life transitions.

In addition to the “team” approach, Jenkins & Kamin, LLP strives to personalize case strategies for each individual client, including identification of every particular legal issue and effective explanation of the law with respect to those issues.  The firm endeavors to achieve a resolution that is appropriate for each client, while aggressively advocating on their behalf when necessary. Having a dedicated and experienced team working with you in any family law matter is of utmost importance to achieve the best result possible.

Jenkins & Kamin LLP represents clients in the following aspects of family law practice: Marital Property Agreements, Divorce, Complex Property Issues, Child Custody & Visitation, Child Support, Parentage, Modifications, Family Law Appeals and Dispute Resolution Alternatives. To learn more about the firm, visit www.jenkinskamin.com or contact one of our offices in the greater Houston area.

Avoid Feeling Stuck Post-Divorce

Often, people struggle with feelings of guilt or shame after a divorce. There are several commonly believed myths that may make you feel as ...