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Fran Brochstein

Fran Brochstein’s Answers

3,172 total


  • Cost for prenuptial agreement

    Cost for a prenuptial agreement? I don't have much but a retirement plan and a 169000. House.

    Fran’s Answer

    You might not even need a pre-nup. These are your separate property items. Make a copy of the balance on the date of marriage. Then then co-mingle these separate property assets. So you cannot refinance the house and add his name or you are co-mingling separate property and community property.

    I would talk to an Austin attorney about your particular set of facts.

    Happy marriage!

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  • What is the procedure how long does it take

    I speak very little English. I want to file divorce from wife i am originally from india.

    Fran’s Answer

    I would look on this website and hire an attorney. There are many excellent family law attorneys in the Katy area.

    If you want to do it yourself, www.texaslawhelp.org

    Good luck!

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  • Where to even start regarding child support for a child that isn't even my fiancés?

    My fiancé has an ex wife in AZ who got pregnant while he was deployed in Iraq in 2010. When he returned from deployment in October 2010 and she was couple weeks pregnant and he knew the child wasn't his. They divorced before the child was born and...

    Fran’s Answer

    Your fiancé needs to hire a at lawyer pronto! Time is ticking. Don't wait. By not getting DNA done it sounds like a judge declared him dad. It's not always easy to reverse a judge's ruling.

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  • Who can I contact? I live and married in Harris County, Texas. Am I married??

    This may sound silly, but for weeks and now months I've waited for my marriage license in the mail. It's been 8 months. I'm not sure if the pastor who married us filed it with the state? Not sure where to start as I'm unable to contact the pastor ...

    Fran’s Answer

    If nothing else you have probably a common law marriage.

    Call the office that issues marriage licenses.

    This type of thing happens more than you'd think.

    You can always register your marriage at the courthouse and use the original date of your wedding. That's oroof of marriage.

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  • Does an attorney have to be present when a pre-nup is signed to make it valid/enforceable?

    My finance and I are both consulting with attorneys regarding a pre-nup that we have written up. Does an attorney have to be present when it is signed to make it valid, or can we just sign it in front of a notary?

    Fran’s Answer

    Both of you need your own attorney to review the pre-nup and give you each legal advice. You cannot use the same attorney. Hopefully you have each hired an attorney that explained all of this to you.

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  • Help fast

    If we are in the middle of the court case for child custody but the child lives in another state and has for almost 2 years but this case is two years old as well can it still be transferred to the new state if we are in the middle of a court case...

    Fran’s Answer

    Only if the current judge allows it to be moved. You should talk to your attorney. If you don't have one, you truly need one. Look on this site and hire one. We are not allowed to solicit business on this website. So you need to do your research.

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  • Is there anyway to make him stop? How do I get him out of the house? and how to I get the vehicle returned?

    I was divorced not quite 2 years ago, I presented evidence on the person my ex was and he was only awarded 4 hours supervised visits the 1st Saturday of every month. He hasn't used those rights in 7 months. He has however filed a police report t...

    Fran’s Answer

    Sounds like you need to hire a tough, smart attorney to help you.

    If he is harassing you, perhaps the police can help. If they determine he is making terroristic threats then they will have the District Attorney prosecute him. You need to take the police all the evidence you have to show them.

    As you have learned, divorce does not always solve everything -- it just changes the problems.

    Take your decree to a family law attorney to review about your options.

    Good luck!

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  • Help! How to stop abuse of children! I need answers

    My ex lives 4 hours away. We meet halfway to do exchanges. My oldest son 10yr has been telling me about his dad being mean and yelling at him. Well I have now found out he was slapped in the face by his dad. In our court order it indicates he has ...

    Fran’s Answer

    So your decree states that visits must be supervised. And you have not been following the judge's orders. You need to retain an attorney and see what can be done. The first time the supervisors were absent you should have run to attorney's office.

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  • For an Adult adoption which court in Texas can hear the case? And how do I petition to do so?

    Been a step parent for 16 years to a wonderful young lady, her biological parent wouldn't consent to an adoption which has prevented health benefits plus other various benefits. Spoke with a lawyer his final words before hanging up, "You don't nee...

    Fran’s Answer

    Ty www.texaslawhelp.org for texas forms.

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  • Discovery for Production

    What is Inventory and Assessment and what should it entail?

    Fran’s Answer

    Basically it's a list of all assets and debts. I think you mean "inventory and Appraisement".

    Where do you get a form on-line? I have no idea.

    If you have an attorney representing you, they can send you a sample. I often have my client just do a excel spreadsheet listing everything.

    Full disclosure is important.

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