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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 Posted on June 07, 2023 in Divorce

When it comes to divorce decrees, situations may arise where modifications are necessary to ensure that the agreement aligns with the evolving needs of the parties involved. In this article, we will explore the process of modifying a divorce decree in Texas, highlighting the importance of seeking professional legal guidance to navigate this complex procedure successfully.

Modifying a Divorce Decree in Texas

Life is full of unexpected twists and turns, and sometimes the terms outlined in a divorce decree no longer reflect the current reality of the individuals involved. Whether it's a significant change in income, relocation, or alterations in the needs of children, it is crucial to recognize when modifications are warranted.

Common Reasons for Modification

Modifications to divorce decrees in Texas typically revolve around key aspects such as child custody, visitation rights, child support, spousal support, and property division. Significant life events, such as job loss, a substantial increase in income, or medical issues, can necessitate changes to these crucial elements.

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 Posted on June 02, 2023 in Child Custody

 Child custody or visitation pertains to the legal process determining how much time a child spends monthly with each parent after a divorce. Texas child custody laws can be complex and stressful to navigate. The final terms are determined by a judge, which can differ on a case-by-case basis. 

How Texas Describes Child Custody Issues

Conservatorship refers to the duties and rights of the parents when it comes to making important decisions for their children. This includes their schooling, medical decisions, religious decisions, etc. In this case, the parents can decide to allow one parent to make all the decisions (Sole Managing Conservatorship) or allow both parents to (Joint Managing Conservatorship). When the court is deciding the rights and duties of a parent, it takes several factors into account. 

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 Posted on May 19, 2023 in Divorce

According to Texas law, divorcing couples must disclose all relevant information regarding their assets. This can include property, financial accounts, retirement assets, and more. If you suspect your spouse is dishonest in disclosing their assets, contact a skilled divorce attorney in Collin County. 

Signs Individuals Are Trying to Hide Assets 

Here are some ways an individual might use to conceal marital assets:

• Transferring property or money out of joint possession or a joint account and into the possession of a relative or friend

• Opening overseas accounts or making foreign investments

• Suddenly spending excessive sums of money on unnecessary purchases or activities

• Destroying or altering financial records

• Funneling money into a business entity under the guise of business expenses or additional payroll

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 Posted on May 15, 2023 in Child Custody

 Child conservatorship guidelines in Texas refer to the legal framework that governs the rights and responsibilities of parents or guardians over the upbringing of their children. This includes decisions regarding the child's education, healthcare, religion, and welfare. 

The state of Texas assumes that both parents have an important role in their child's life, and it is in the child's best interest to have frequent and continuing contact with both parents. However, this assumption can be overcome with sufficient evidence. In some cases, it is better for only one parentto have authority over and responsibility for the child. 

Understanding Conservatorship in Texas

In Texas, child custody is referred to as "conservatorship." There are essentially two conservatorships. The first is “sole managing conservatorship," and the second is "joint managing conservatorship." 

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