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Please complete this questionnaire. If you will spend the time to complete all items, you will give us the background information necessary to begin to understand the complexity of the personal aspects of your family law problem. All information will be held in strict confidence.
This questionnaire is broken into 3 parts:
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Please give your full legal name, date and place of birth, Social Security number, and driver’s license number:
Please give the full legal name and requested information for your spouse
Please complete the following concerning your employment.
The Texas Family Code allocates the rights and duties of parents and parents may likewise enter into an agreed “parenting plan” which allocates these rights and duties between them by agreement. These decisions may be made “jointly” by agreement between the parents, “exclusively” by one parent with or without first consulting the other parent, or “independently” meaning each parent may independently make these decisions.
Holidays are generally “split” in the Texas Family Code. Under the standard Holiday schedule, parents who reside within 100 miles of eachother split the Christmas Holiday alternating in each year which parent has the first part of Christmas and the latter part of Christmas. The parent who has the latter part of the Christmas Holiday gets the Children for the Thanksgiving holiday and the parents will alternate Spring Break.
For parents within 100 miles, Summer is typically 30 days in the month of July or can be broken up as designated by that parent who has the extended Summer possession time. However, the Thursday periods of possession generally do not occur during the Summer but the weekend schedule continues. During the Summer period of possession, the parent without the extended Summer possession has the right to “block out” one weekend during the extended summer possession and one weekend outside of the extended summer possession.
If parents live over 100 miles apart, the difference is that this parent would have every Spring Break Holiday and Summer possession is extended to 42 days rather than 30.
However, in an Agreed Divorce, parents can choose a parenting plan for holidays that they believe works best for them and that is in the best interest of their Children.
The following are options that are not “standard” in the Holiday section of the Texas Family Code, but are options which I have seen parents include in their parenting plans in Agreed Divorces. If the box is “checked” it tells the Attorney you want to include a provision related to that Holiday:
The Court finds that the parties have agreed and IT IS ORDERED AND DECREED that each party shall have the right to enroll the child in no more than (1) extra-curricular activity at a time provided such activity does not impinge on the other party’s period or periods of possession of the child. By way of clarification, unless otherwise expressly agreed and signed by both parties, the child shall not be enrolled in any more than a total of two (2) extra-curricular activities at a time, with each party authorized to enroll the child in one (1) activity at a time subject to the terms and conditions set forth herein.
The Court finds that the parties have agreed and IT IS ORDERED AND DECREED that if a child is unilaterally enrolled into an extracurricular activity, then, absent a written agreement from the other party to share the cost of the activity, the enrolling party will be solely responsible for all costs and transportation associated with the activity.
The Court finds that the parties have agreed and IT IS ORDERED AND DECREED that neither party shall enroll the child the subject of this suit in an extracurricular activity that impinges or interferes with the other party’s period or periods of possession of the child without the express written agreement of the other party. In the event the child is enrolled in an extracurricular activity that has been agreed upon by the parties, the parties stipulate, agree, and
IT IS FURTHER ORDERED AND DECREED the parties shall equally share and be responsible for the costs associated with the agreed upon extracurricular activity.
IT IS FURTHER ORDERED AND DECREED the parties agree to provide transportation to and from the activities, practices or other events conducted as part of the agreed upon extracurricular activity. In the event a party is unable to transport the child on a particular day, that party shall contact and notify the non-possessory party to see if appropriate arrangements can be made for the child to attend.
Print and repeat as necessary for each property
Debts: (Other than home and automobiles)
Note: If there is an agreement by the parents to claim a child or children as dependents, in order to formally comply with the IRS requirements, the parents need to execute and file with the IRS Form 8332. If there is an agreement in this regard between the parents to allocate the dependency exemption, language to this effect will be included in the Decree of Divorce requiring the parties to to sign IRS Form 8332, which is a “Release of Claim to Exemption for Child of Divorced or Separated Parents”.
This form is available at our website at www.evansfamilylawgroup.com , can be provided through our office or you may download the form at: www.irs.gov and search for form 8832
The term “separate property” mean property which (1) was owned or acquired by you before your marriage or (2) which was inherited either before or during your marriage, or (3) was received as a gift either before or during your marriage or (4) was purchased with the proceeds of sale of property which was separate property.
If part of your agreed division includes the division of an IRA, 401k, pension plan, defined benefit plan or other retirement plan then you will need to provide the following information.
This checklist refers to the “Participant” as the employee participating in the retirement plan, and the “Alternate Payee” as the spouse seeking her/his share of the retirement plan benefits. Please answer as many questions as you can and provide as much information as possible. If you have any questions, please contact our office.
Please identify all household furnishings, wall hangings, appliances, equipment, tools, firearms, etc. which have significant replacement cost or personal value to you which you would like to claim in this divorce as yours on a room to room basis or as you have agreed with your spouse to divide your assets
If you and your spouse answer the questionnaire together, please review the following disclaimers and sign below. It is not required that your spouse sign this document. The first disclaims that your spouse understand that Evans Family Law Group represents only the client and not the other spouse and that at any time any discussions had between Evans Family Law Group and the non client spouse should not be considered legal advice nor creating an attorney client relationship with the non client spouse. The second disclaims the parties have made a reasonable disclosure of all property, both community and separate, and all financial obligations and they are contained within the Agreed Decree of Divorce.
This Agreement has been prepared by James W. Evans, attorney for CLIENT (name will appear in the Agreed Decree of Divorce). At the commencement of, and at all stages during, the negotiation of this Agreement, James W. Evans, the attorney for CLIENT informed all Parties that the attorney has acted solely as counsel for CLIENT and has not advised or represented NON CLIENT SPOUSE (Name will appear in Agreed Decree of Divorce) in any manner whatsoever. NON CLIENT SPOUSE, at the commencement of, and at all stages during, the negotiation of this Agreement has been told that he/she could and/or should be represented by his/her own counsel of his/her own choosing, but at all times has elected not to do so. Both Husband and Wife have read this Agreement carefully and thoroughly, fully understand each of its provisions, and, therefore, sign it freely and voluntarily.
Each party represents and warrants to the other party that he or she has, to the best of his or her ability, made to the other party a fair and reasonable disclosure of the nature and extent of the community property of the parties, including values, and financial obligations, contingent or otherwise before their execution of this Agreed Decree of Divorce. Each party additionally acknowledges that, before the signing of the agreement, he or she has been provided a fair and reasonable disclosure of the community property and financial obligations of the parties before the execution of this Agreed Decree of Divorce. Furthermore, and before the execution of this Agreed Decree of Divorce, each party has previously offered to provide, or has provided, to the other party all information and documentation pertaining to all community property, including income and value, and all financial obligations that have been requested by the other party. Each party acknowledges that he or she has, or reasonably could have had, full and complete knowledge of the community estate of the parties and of all financial obligations of the community estate of the parties.