Sherea Vitelli’s Legal Blog

Domestic violence is a crime and the abuser needs to be stopped.  I have seen many people abused both physically and mentally.  Yes, I mentioned mentally.  Mental abuse comes from a boyfriends, therapist, room-mate, and/or spouse who makes you submit to them through their words or threats.  Physical abuse is visible in most instances.  Other times, the victim will result in self mutilation to deal with the lack of self confidence and coping mechanism.  I have seen an abuser force his victim to drink Drano by the simple use of threats.  Mentally abused clients have no self confidence. They cannot make a rational decision or a decision on their own without complete and utter hesitation.  I have found some victims to have been abused so long that after the abuser has left, their name still resonates fear in their mind.  Domestic violence is ugly and not tolerated.  If you are the victim, get help immediately.  If you are charged with domestic violence generally it is a Class B misdemeanor which is punishable by 180 days in jail and/or a $2000 fine.  If it is with a family member then it raises to a Class A misdemeanor punishable by 1 year in jail and/or a $4000 fine.  If there is the use of a deadly weapon then obviously it will become a state jail felony or higher.  Get the picture.   If you are caught in the middle of a domestic violence – get help and get out.  Here at Smith & Garg, LLC this is common, let me help you.

Okay, so I took my 11 year old great dane to the vet because she had this icky thing on her neck which looked infected.  Besides them insulting my dog in front of my face by calling her a geriatric bitch - lol - they informed me that she had a wart which will need to be cut out of her neck.  I am deathly afraid to put her under the knife at her age but she is scheduled for surgury this Thursday.  I am glad she made the move safely into the new home.  She appears to be settling in just fine.  She found her favorit spot on the couch and planted her big old but.  I will keep you all informed on the surgury,.

Yea!  My new home is complete.  I moved in October 28, 2008.  It is so beautiful.  Now, i have to figure out how to decorate.  For all of those that have been keeping up with my blogs you all know how important this was to me.  My husband and I are so excited.

Here at Smith & Garg, LLC it is imporatant to us that our clients understand that their personal property is just as important.  let us help you keep you property.  I will post pictures of the home as soon as I figure it out.

Now that you have decided to get divorced it is time to start the division of your assets.  Here at Smith & Garg, LLC, it is our general practice to deliver to our clients a blank form called inventory and appraisement.  This is document which details your assets and liabilities.  It is generally required by all courts before a final hearing.  Now if you are satisfied with your knowledge of your assets and liabilities then we discuss that with clients on a case by case basis if the inventory is necessary. 

If it is an uncontested divorce with minimal property then it is generally our policy not to have our clients complete the inventory and appraisement document detailing their assets and liabilities.  On the other hand, if it is a large battle regarding the assets we do require it.  We also have our clients fill it out as early as possible in the divorce proceeding because this is another tool we use when drafting discovery request.

Once the division of community and separate property is determined then we can divide the assets in a fair and just distribution.  Keep in mind that during the negotiation of your community property assets you are also dividing the debts/liabilities between the parties as well.  Here at Smith & Garg, LLC we strive to achieve the best possible negotiation possible for our clients.

Here at Smith & Garg, LLC we like to take a totality of the marital estate.  We take in the assets from community and separate property along with the liabilities from both the separate and community estate and negotiate a fair and equitable settlement.  Stop and think about it for a minute, the more involvement you have over your marital estate the less a Judge in the State of Texas will tell you how to divide your assets.  Keep control and let me help you in your divorce process.

During your divorce, stop and think of your property and assets along with the liabilities/debts. Make a list of all your property and assets.  Then go down that list and determine what you would like to keep and what you can live without.  Now work out a settlement with your wife and her attorney and your own attorney.   As an attorney, I am there to guide you in the law.  If you want that big screen t.v. we can get it for you.  If you want the car, we can get that for you as well.  It is all about cost at this point. You know you are getting divorced and now it is time to divide the assets.  Think about that list during all negotiation steps.  If your wife or husband is fighting over the t.v. or car is it worth it to you at this point to fight over same property and pay for it twice OR let them have it for some other item or asset and go purchase a new and better and bigger t.v.   Don’t let the divorce process make you lose your grip on common sense.  You negotiated one heck of deal when you purchased the item, so do it again.  Here at Smith and Garg, LLC we will guide you into the best deal possible which is a fair and equitable settlement of your marital assets.