Family Law
| Do We Do It? |
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Yes! We were and are First in Frisco. Mr. Burke was litigating in the family law courts of Collin, Denton, and Dallas County in the early 1970's. In 1978, in a case found at 565 SW 2nd 107, the Court of Appeals for the Northern District of Texas affirmed the findings of the trial court after a lengthy & heated divorce and custody battle. Counsel for winning party at both trial & appellate court was Edmund Burke. Ditto 615 SW 2nd 247 (1980) wherein the appeal was based upon an "unfair 89% award of the property." Again, attorney for the winning party was Edmund Burke. The client in the 1978 case continues to be a client of Attorneys Frisco, P.C. |
Who Do I Ask For? |
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Edmund Burke. Mr. Burke will promptly schedule a consultation, advise you of your rights and remedies under the Family Code, and answer any questions. He has experience in trial, mediation, and (the newest area of conflict resolution) collaboration. |
Whose side are we on? |
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Yours!! Our obligation is to our client, whether to review a document, evaluate a settlement, or convince a jury. |
If we "Agree on Everything"? |
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Practicing attorneys hear this often in Family Law. Mr. Burke has a strong commitment to "work things out". Some firms may well only provide "secretarial service" under these circumstances. Attorneys Frisco, P.C. first establishes who the client is. This defines our duty. We then review the proposed agreement. If it appears to be fair, we discuss how we might draft the necessary documents in the manner most beneficial to all. For example, we often include tax considerations, performance incentives, or refinancing instead of resale. If we find the "agreement" unfair or incomplete, we tell you so. You may just need a deed or a withholding order. You may need to re-think the "agreement". You ("the client") then make the call. |
What If We Don't? |
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Most people don't agree at the beginning or there wouldn't be a lawsuit. Part of every representation is to make a survey of realistic goals and expectations. Judge or Jury? Mediation? Collaboration? Discovery? These and more decisions have to be assessed, as do the choices being made by the other side. Does their attorney know that the new statute regarding separate real property is suspected to be unconstitutional? Does he or she read a balance sheet well enough to "back in" accumulated depreciation if appropriate? Does the other side trust my lawyer well enough to cooperate in a refinance plan that will benefit both sides? Does the other attorney know enough real estate law and lenders to make it happen? Attorneys Frisco's 30 years of experience can prove to be a decisive client asset. |
What About Fees? |
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The client and Attorneys Frisco, P.C. enter into an hourly fee for services contract providing for an agreed upon retainer fee, monthly billing, reimbursement for costs and expenses, and payment of fees as services are provided. |
What About Alimony? |
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There are three kinds: spousal support while the divorce is pending ("Temporary alimony"), spousal support after a divorce is over; and contractual alimony (also paid after a the decree is entered). Temporary alimony is paid by court order for a short period to allow the parties to financially adjust to living apart. Spousal support is also paid by court order - for a specific, capped time period, at a capped rate, for the statutory purpose of enabling the recipient spouse to upgrade his or her earning potential. The marriage must have lasted for no less than ten years or there must have been documented history of family violence to even raise the issue. Contractual alimony is money paid by agreement of the parties in a manner designed to capture a tax benefit. |
What About Other Stuff? |
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You mean like visitation - who pays for transportation, what if the "ex" moves out of State, effects on credit, grandparent access, guardianship in the event of death of a parent, and other "stuff"? Call (972) 335-9000. |

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