I am John Herbig, an attorney with a focus on family law and mediation. Throughout my career, I have dedicated myself to assisting numerous clients through intricate family issues with compassion, accuracy, and a high level of professionalism. I am also proud to be a United States Army Veteran. My academic journey began at California State University Northridge, where I obtained a Bachelor's degree in 2001 and a Master's degree in 2002, both in Environmental and Occupational Health and Safety. During my master's program, I also earned certificates in Hazardous Materials and Waste Management.
I pursued my legal education at the University of Houston Law Center, earning my Juris Doctor in 2007. Shortly thereafter, I was licensed to practice law in the State of Texas. My work in mediation is aimed at fostering cooperative solutions that are efficient, minimize conflict, and lead to positive results. Whether serving as a vigorous advocate in the courtroom or a proficient mediator outside of it, I am dedicated to safeguarding your interests at every phase.
Education:
- J.D., University of Houston Law Center, Houston, Texas, 2007
- M.S. in Environmental and Occupational Health and Safety, California State University, Northridge, California, 2002
- B.S. in Environmental and Occupational Health and Safety, California State University, Northridge, California, 2001
Certificates:
- Hazardous Materials and Waste Management
Whether you require a strong representative in legal proceedings or an effective mediator to guide negotiations, I am committed to protecting your interests throughout the process.
- Family Law
- Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
- Divorce
- Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
- Arbitration & Mediation
- Business - Arbitration/Mediation, Consumer - Arbitration/Mediation, Family - Arbitration/Mediation
- Free Consultation
- Credit Cards Accepted
- Texas
- State Bar of Texas
- ID Number: 24059929
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- State Bar of Texas # 24059929
- Member
- - Current
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- Website
- Griffincainandherbig.com
- Q. does Respondent have to accept awarded amount via IRA-to-IRA transfer or can they request a cash payment from Petitioner
- A: If the divorce decree says the Party is entitled to a percentage or a certain amount of money from an IRA or a 401K, unless both parties agree that the paying party will pay cash instead of a transfer from the IRA or 401K, the party will receive the funds via transfer from the 401K or IRA. The receiving party can not do anything to force the paying party to pay cash instead of paying out through the IRA or 401K.
If the receiving party knows the paying party has the cash at hand, they can offer to take less money to get paid out cash. That would be a side agreement, but both parties would have to agree to that.
- Q. Does child support stop during son's 2-month visit?
- A: Simple Answer is no. More direct answer, unless there is an agreement in the Order stopping Child Support while the child is visiting the child support obligation does not terminate just because you have possession of the child during your extended summer possession.
- Q. Is inherited asset purchased property considered separate, or must it be split in divorce?
- A: Your inheritance would be considered separate property, and had you bought a house with that money and not put it in your spouses name, it would more than likely have remained your separate property, but once you put the home and business in both of your names, the Court will more than likely assume you meant to give her a gift of half of the property.
You may be able to argue for a reimbursement claim to argue that your seperate estate should be reimbursed, but that may be a hard argument to make.
You have a classic commingling case, and specifics of the commingling will determine what you are able to claim in Court.
