Posted on November 20, 2023 in Family Law

Having a parenting plan overturned, or visitation rights denied can be incredibly frustrating and upsetting for parents. Unfortunately, it is not uncommon for one parent to attempt to prevent the other from seeing their child after separation or divorce. If you are facing this difficult situation, there are some steps you can take. A Texas lawyer can help ensure this situation does not worsen for you.

Review Your Current Court Orders

Your first move should be to thoroughly examine any decrees, custody orders, visitation schedules, or parenting plans that are in place. These court mandates outline each parent's rights and responsibilities. Make sure you understand what the orders state about visitation and custody.

Document Every Attempt to See Your Child

When the other parent blocks scheduled visitation, carefully document each attempt you make to see or get in contact with your child. Save any relevant texts, emails, voicemails, etc. Note dates, times, who you spoke to, and what was said. Concrete records will help prove the denial of court-ordered access.

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 Posted on November 06, 2023 in Family Law

Life after divorce sometimes necessitates revising court-ordered alimony. When major circumstances change, the original payments may become impractical or unfair for one spouse. Texas law allows alimony modifications, but only if you meet strict filing and evidentiary burdens. With the help of a Texas lawyer, you can petition to legally adjust divorce decree alimony terms that no longer fit your situation.

File Your Petition Promptly

To request an alimony modification in Texas, you must file a petition with the court that granted your divorce using the same cause number. The petition outlines the revised alimony terms you are seeking and evidence justifying the change. Timing requirements depend on which party files the petition:

• For recipients, a petition can only be filed after an initial waiting period after divorce dictated by the court (often 6-12 months).

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 Posted on October 19, 2023 in Property Division

Splitting up property during a divorce can be tricky. The law aims for equitable division, but high emotions can complicate things. Spouses may hide assets, undervalue the family home, get sneaky with retirement accounts, or do something else they legally should not be doing. So, how do you protect what is rightfully yours? How do you know if they could be hiding assets or something else? A Texas lawyer can help you through this.

Understanding Community Property Rules

In Texas, community property laws govern divorce asset division. Marital property acquired during the marriage is jointly owned. This commonly includes:

• Earnings, income, stock options from employment
• Real estate like the marital home or investment properties

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 Posted on October 06, 2023 in Property Division

Texas is a community property state, which means marital assets are typically divided equally in a divorce. However, Texas law does recognize separate property owned before marriage or received as a gift or inheritance during marriage. 

Spouses can protect documented separate property when dissolving the community estate. A Texas lawyer can help you with your case to ensure your rights are met during your divorce.

Defining Separate vs. Community Property in Texas

Under Texas Family Code Section 3.001, marital property is classified as either community or separate.

Community property includes:

• Assets and debts acquired by either spouse during the marriage through joint effort

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 Posted on September 20, 2023 in Divorce

Going through a divorce in Texas can be extremely difficult on top of being a potentially complex legal process. Without guidance from a family law attorney, many people make critical mistakes that can negatively impact their case both in the near and long term. Here are some of the most common pitfalls to avoid if you are getting divorced in Texas.

Failing to Gather Important Documents Early On

Not having all your financial statements, tax returns, property records, mortgage documents, investment accounts, and other key paperwork organized ahead of time can significantly stall the legal proceedings. Make copies of all shared assets and debts. Locate any prenups, marital agreements, or deeds. Do not make your lawyer hunt down disorganized paperwork.

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 Posted on September 14, 2023 in Child Custody

In high-conflict child custody disputes during a Texas divorce, the court may order a formal custody evaluation to help determine parenting arrangements that serve the child’s best interests. This in-depth assessment is conducted by a qualified, court-appointed professional evaluator, usually a psychologist or psychiatrist. Their investigation and recommendations carry significant weight in final custody determinations. With so much on the line, proper preparation is crucial for parents navigating a custody evaluation. A Texas attorney can help you along the way.

Understanding the Role of the Evaluator

Custody evaluators have extensive training in family dynamics, child development, and psychology. They act as neutral third parties, not as advocates or therapists. Their role is to conduct an unbiased investigation and provide expert recommendations to the court regarding custody and visitation arrangements that promote the child’s physical safety and psychological well-being, per Texas Family Code provisions.

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 Posted on August 28, 2023 in Property Division

Divorce is not only emotionally taxing but also financially intricate, especially when it comes to dividing marital assets. In Texas, the process of splitting money and property is guided by community property laws, which will, along with the spouses or judge, dictate the final settlement. Understanding how money is divided during a divorce in Texas is crucial for both spouses to ensure a fair and equitable outcome. It is best to enlist the skills and knowledge of a Frisco high net worth divorce attorney to help ensure your rights are protected.

Community Property Laws in Texas

Texas is one of the few states in the United States that follows the community property system. Under this system, any assets acquired during the marriage are generally considered community property, belonging equally to both spouses. This includes income, real estate, investments, and other property obtained during the marriage. Community property laws work the same in a high net worth divorce.

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 Posted on August 11, 2023 in Divorce

Alimony, or spousal support or maintenance, is a financial arrangement designed to assist one spouse after a divorce financially. In Texas, alimony isn't as common as in some other states. However, family courts may still award it in certain situations. If you are going through a divorce in Texas, it's essential to be aware of the various types of alimony that could come into play. When you hire an experienced Frisco spousal support attorney, they can help you understand the different types of alimony in Texas and the factors that courts consider when awarding it.

Temporary Alimony 

Courts sometimes award temporary alimony to a lower-earning or financially disadvantaged spouse during the divorce proceedings. This support is meant to help the recipient spouse maintain their standard of living until the divorce is finalized. 

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 Posted on July 28, 2023 in Child Custody

If you have adopted a stepchild, you may wonder if you can retain parental rights after divorcing the child’s biological parent. While Texas law considers you a legal parent after adoption, terms and conditions may vary.  Knowing how child custody arrangements work and your responsibilities as an adopted parent can help you make an informed choice during these complex cases.  

Understanding Your Parental Rights as an Adopted Stepparent  

Legally, stepparents do not have any parental rights under the Texas Family Law. However, you acquire the same rights as a biological parent if you legally adopt the stepchild. 

During adoption, the child’s other biological parent (i.e., the non-spouse) terminates or transfers their parental rights to the stepparent. In other words, the stepparent becomes the stepchild's legal parent after receiving consent and completing the adoption process. 

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 Posted on July 19, 2023 in Property Division

As a community property state, marital property is divided evenly in a Texas divorce. Does the same rule apply to your business? Our attorneys answer this question by exploring the implications of the community property rule. We also share strategies you can adopt during property division to reach a positive and profitable outcome after a divorce. 

Understanding the Implications of Texas as a Community State  

Texas divorce laws characterize assets and debts accumulated during marriage as marital property. According to the community property rule, these assets and financial obligations are split equally between divorcing spouses. 

Your business does fall into this category if you started the venture after marriage. Or if your spouse became a stakeholder, investor, or business partner in the company after marriage. 

Unless you signed a premarital or postnuptial agreement to characterize your business as separate property, it is typically considered part of the community property. 

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