What Factors Influence Property Division in a Texas Divorce?

By |2024-05-16T13:31:17+00:00May 16th, 2024|Categories: Divorce, Divorce Property Division|

Divorce can be a complex process, particularly when it comes to dividing marital property. In Texas, the law requires that the division of property be "just and right," but what does that really mean? This article will explore the factors that influence property division in a Texas divorce, providing clarity on what to expect and how [...]

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Is the Court Enforcing or Modifying Property Division in a Texas Divorce Decree?

By |2024-05-13T21:58:31+00:00May 13th, 2024|Categories: Divorce Property Division|

Understanding whether a court is enforcing or modifying property division in a Texas divorce decree is vital for those involved in such legal proceedings. The distinction is crucial because Texas law allows courts to enforce and clarify divorce decrees but strictly prohibits any modification of the substantive terms once the decree is final. This article explores [...]

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How Does the Court Determine If Property Division Terms in a Texas Divorce Are Clear or Ambiguous?

By |2024-05-10T19:06:35+00:00May 10th, 2024|Categories: Divorce Property Division|

When disputes arise over the enforcement of property division terms in a Texas divorce decree, understanding how courts determine the clarity or ambiguity of these terms becomes crucial. Texas law treats these agreements as contracts, and their interpretation follows specific principles designed to honor the parties' original intentions. This issue typically surfaces when one party challenges [...]

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Can a Court Clarify or Modify the Property Division in a Final Divorce Decree?

By |2024-05-09T19:44:03+00:00May 9th, 2024|Categories: Divorce Property Division|

When dealing with divorce decrees, a crucial distinction exists between a court's authority to clarify versus modify the property division outlined in a final decree. Understanding this distinction is essential for parties involved in a divorce, particularly if there are concerns about the clarity of the property division terms. The Plain Language Principle A divorce decree, [...]

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How Do Jury Instructions Impact Your Divorce Case in Texas?

By |2024-05-08T18:04:58+00:00May 8th, 2024|Categories: Divorce|

The process of understanding jury instructions in Texas is critical, especially in complex legal matters such as divorce trials. The Texas Rules of Civil Procedure (TRCP) 277 dictates that trial courts must provide the jury with the necessary instructions and definitions to enable them to render a verdict effectively. The law specifically states: "The trial court [...]

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Does an Award of a Bank or Brokerage Account in a Divorce Authorize an Award of Interest on the Value of the Account?

By |2024-05-06T19:45:28+00:00May 6th, 2024|Categories: Divorce Property Division|

Divorce proceedings often involve complex questions concerning the division of financial assets such as bank and brokerage accounts. A key issue that arises in Texas divorce law is whether an award of these financial accounts authorizes an award of interest on their value. Texas Family Code and Financial Accounts The Texas Family Code allows for the [...]

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How Do Waivers and Federal Formulas Affect the Calculation of Military Retirement Pay in Texas Divorces?

By |2024-04-23T14:13:21+00:00April 23rd, 2024|Categories: Divorce Property Division|

Divorce proceedings involving military personnel in Texas present unique challenges due to the specific federal laws and Texas statutes that govern the division of military retirement pay and other military benefits. This detailed exploration examines how waivers and federal formulas influence the calculation of military retirement pay in such divorces, alongside a comprehensive review of the [...]

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How Does Texas Family Law Handle Property Division and Fraud in Divorce Cases?

By |2024-04-18T17:17:01+00:00April 18th, 2024|Categories: Divorce Property Division|

Understanding the complexities of divorce and property division under Texas Family Code is essential for anyone going through these processes. This article outlines the legal distinctions between community and separate properties, how assets are divided, and the impact of fraud on these procedures. Community vs. Separate Property: Legal Definitions and Burdens of Proof Statutory Definitions The [...]

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How Does Texas Law Address the Modification of Conservatorship Orders?

By |2024-04-11T15:02:35+00:00April 11th, 2024|Categories: Child Custody|

In the dynamic and often complex realm of family law, the modification of conservatorship orders is a critical aspect that reflects the changing circumstances of children and their families. The Texas legal framework, through a combination of statutory provisions and judicial precedents, offers a comprehensive approach to ensuring that these orders serve the best interests of [...]

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How Can I Get More Visitation Time With My Child If I Live Less Than 50 Miles Away in Texas?

By |2024-04-03T22:21:50+00:00April 3rd, 2024|Categories: Child Custody|

Understanding the intricacies of family law in Texas is crucial for non-custodial parents looking to enhance their time with their children. Living within 50 miles of your child opens up legal avenues for expanded visitation schedules under Texas Family Code §§ 153.3171 and 153.317. However, a key step often overlooked is the necessity of communicating your [...]

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What a Jury Can and Cannot Decide in a Texas Child Custody Case?

By |2024-04-01T19:38:03+00:00April 1st, 2024|Categories: Child Custody|

In Texas, the role of a jury in child custody cases is defined by specific rules. This guide breaks down what a jury is allowed to decide and what is beyond their scope, according to Texas Family Code § 105.002. If you're heading into a custody battle, understanding these distinctions can be crucial. The Role of [...]

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Can a Texas Court Overrule a Mediated Settlement Agreement?

By |2024-03-19T17:47:03+00:00March 19th, 2024|Categories: Child Custody, Divorce|

In the realm of Texas family law, mediated settlement agreements (MSAs) are a cornerstone for resolving disputes, especially those involving the parent-child relationship. These agreements not only streamline the resolution process but also embody the state's policy favoring the peaceable resolution of disputes. However, the question arises: "Can a Texas Court Overrule a Mediated Settlement Agreement?" [...]

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Are You a Grandparent Seeking Visitation? What Must You Demonstrate?

By |2024-03-18T14:12:13+00:00March 14th, 2024|Categories: Grandparents Rights|

In the complex landscape of family law, grandparents often find themselves in the challenging position of seeking visitation rights to maintain a relationship with their grandchildren. The journey through Texas Family Code §§ 153.432 and 153.433, as well as key judicial interpretations, outlines specific steps and stringent requirements for grandparents to secure these rights. This blog [...]

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Can I move my custody case to a new county?

By |2024-03-08T14:35:26+00:00March 8th, 2024|Categories: Child Custody|

When you're engaged in a custody battle, the court's location can significantly influence the convenience for all parties involved and, potentially, the outcome of the case. It's vital to understand the legal framework that outlines when and how you can move your custody case to a new, possibly more favorable or appropriate county. The Texas Family [...]

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Can Texas Courts Modify the Property Division in a Finalized Divorce Decree?

By |2024-03-07T23:55:16+00:00March 7th, 2024|Categories: Divorce, Divorce Property Division|

When facing the complexities of divorce, particularly where significant assets are involved, understanding the finality and enforceability of the divorce decree is paramount. A common question that arises in the realm of Texas family law is whether a court can modify the property division in a finalized divorce decree. This post explores the legal landscape surrounding [...]

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Will You Be Responsible for Debts Your Spouse Incurred Without Your Knowledge in Your Divorce?

By |2024-03-01T15:51:27+00:00March 1st, 2024|Categories: Divorce, Divorce Property Division|

Navigating the financial intricacies of a divorce can be as complex and bewildering as the emotional journey it accompanies. Among the myriad concerns that affluent professionals face during these tumultuous times, one question stands out for its potential to impact both personal and professional lives: Will you be responsible for debts your spouse incurred without your [...]

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Are You Eligible for a New Trial After a Default Divorce Judgment?

By |2024-02-23T17:27:29+00:00February 23rd, 2024|Categories: Divorce|

In Texas, the dissolution of a marriage can sometimes conclude in a manner that one party may not fully anticipate, leading to a default divorce judgment. This outcome typically occurs when one spouse fails to respond to a divorce petition, allowing the court to make decisions in their absence. While seemingly final, Texas law provides mechanisms [...]

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Are You Entitled to a Larger Share of the Estate If Your Spouse Committed Fraud?

By |2024-02-12T18:28:32+00:00February 12th, 2024|Categories: Divorce, Divorce Property Division|

In Texas divorce proceedings, the division of assets and determination of spousal maintenance can be significantly influenced by allegations of fraud against the community estate. This article examines the legal framework surrounding constructive fraud, its impact on asset division, and the specifics of spousal maintenance, providing insights into how these issues affect financial outcomes in divorces. [...]

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Can the Court Grant a Custody Modification Against the Child’s Preference?

By |2024-02-07T01:23:18+00:00February 7th, 2024|Categories: Child Custody|

When families undergo changes that necessitate a reassessment of custody arrangements, the question often arises: can a court modify a custody order against a child's preference? This complex issue intertwines legal principles with the nuanced realities of family dynamics, requiring a careful examination of Texas law and judicial discretion. Understanding Material and Substantial Change At the [...]

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Adultery And Divorce in Texas

By |2024-02-02T17:03:53+00:00February 1st, 2024|Categories: Divorce|

Navigating through a divorce is an emotionally fraught journey, and the revelation of adultery can amplify the distress involved. The sense of betrayal and the erosion of trust that accompanies infidelity adds layers of complexity to the dissolution of a marriage. In Texas, the legal system takes a nuanced approach to how adultery impacts divorce proceedings, [...]

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Prohibiting Contact Between A Parent And A Child In A Texas Divorce

By |2024-04-05T14:28:36+00:00January 18th, 2024|Categories: Child Custody, Divorce|

Divorce is a challenging process, especially when children are involved. In Texas, the legal system prioritizes the well-being of children in these situations, often leading to complex decisions about parenting time and contact restrictions. This article delves into the intricacies of Texas Family Law regarding parent-child contact in divorce cases, offering insights and guidance for those [...]

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Allocation of Parental Responsibilities and Parenting Time in Texas Child Custody Cases

By |2024-04-06T16:10:01+00:00January 17th, 2024|Categories: Child Custody, Divorce|

The intricacies of parental responsibilities and parenting time in Texas family law are crucial for parents facing separation or divorce. This in-depth exploration aims to provide a thorough understanding of these aspects, drawing from Texas statutes and case law. Parent-Child Relationship in Texas Texas law emphasizes equitable treatment of parents, with the child's best interests as [...]

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Parenting Time in a Texas Divorce

By |2024-01-17T15:29:32+00:00January 15th, 2024|Categories: Child Custody, Divorce|

Understanding the complexities of parenting time within Texas family law is crucial for parents going through separation or divorce. This article provides an in-depth look at the legal framework surrounding conservatorship, possession, and access in Texas, focusing on how these laws impact parenting after divorce. Conservatorship and Possession in Texas Texas family law uses the terms [...]

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What Is The Best Interest Of The Child In A Texas Custody Case?

By |2024-01-12T16:29:39+00:00January 9th, 2024|Categories: Child Custody, Divorce|

In Texas, a fundamental principle in divorces or child custody cases is the determination of what serves the best interest of the child. This principle stands as a critical legal standard guiding all decisions related to child custody and visitation within the state. This article delves into the nuances of how Texas law interprets and applies [...]

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Allocating vs. Restricting Parenting Time In A Texas Divorce

By |2024-01-11T13:57:42+00:00January 9th, 2024|Categories: Divorce|

In Texas, the legal framework surrounding divorce and child custody is designed to prioritize the "best interests of the child." This article provides an overview of the principles governing the allocation and restriction of parenting time in Texas, offering a clear understanding of each parent's legal obligations and options. Allocating Parenting Time In A Texas Divorce [...]

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Understanding Divorce Attorney Fees in Texas: Hourly vs. Flat Rate Explained

By |2024-01-22T00:31:09+00:00January 6th, 2024|Categories: Divorce|

In the realm of family law, particularly in Dallas, Collin, Rockwall, and Denton counties of Texas, the method of billing adopted by divorce attorneys significantly influences the client's experience and decision-making process. While the traditional billable hour method is the predominant choice among most divorce and family law attorneys in these regions, the concept of flat [...]

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Do I Have to Pay Taxes if I Am Awarded Money from My Spouse’s Retirement in a Texas Divorce?

By |2024-01-04T14:55:03+00:00January 4th, 2024|Categories: Divorce, Divorce Property Division|

A common question that arises during Texas divorces is whether there are tax obligations when one is awarded a portion of their spouse's retirement assets. This process involves not only legal considerations but also important tax implications. This article offers an overview of how retirement assets are divided in Texas divorces and the tax consequences that [...]

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Private Investigators In A Texas Divorce

By |2024-02-01T19:36:07+00:00January 1st, 2024|Categories: Divorce|

Divorce proceedings in Texas often raise questions about the role and utility of private investigators. This article examines why private investigators are hired in Texas divorces, explores alternatives to their use, identifies situations where they are necessary, and discusses instances where they may exceed appropriate boundaries. Why Do People Hire Private Investigators In A Texas Divorce? [...]

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Division of Marital Assets in Texas

By |2024-01-04T14:59:06+00:00December 28th, 2023|Categories: Divorce, Divorce Property Division|

The division of marital assets in Texas plays a pivotal role in the divorce process, guided by the state's unique legal framework. This article aims to provide a comprehensive overview of how assets and debts are divided in Texas divorces, highlighting the principles of community property law, the classification of assets, and the various factors that [...]

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I Was Served With Divorce Papers In Texas. Now What?

By |2024-01-01T17:14:54+00:00December 26th, 2023|Categories: Divorce|

Receiving divorce papers in Texas is a significant legal event that demands a clear understanding of your rights and obligations. This article provides a straightforward guide on the steps to take after being served with divorce papers in Texas, focusing on the legal procedures and your options within the Texas legal system. What Did I Get [...]

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Does My Husband or Wife Have to Be Personally Served in My Texas Divorce?

By |2023-12-26T17:43:25+00:00December 26th, 2023|Categories: Divorce|

When you're initiating a divorce in Texas, a common question that arises is whether your spouse needs to be personally served with the divorce papers. This is a crucial step in the divorce process, as it legally informs your spouse about the commencement of divorce proceedings and their right to respond. In this article, we'll explore [...]

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Default Divorce in Texas

By |2023-12-26T15:23:56+00:00December 26th, 2023|Categories: Divorce|

When a spouse does not participate in the divorce process in Texas, it often leads to what is known as a default divorce. This article aims to provide a comprehensive understanding of default divorce in Texas, covering various aspects from the filing process to the enforcement of court orders. Our focus is to offer clear and [...]

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What Must Be Filed Regarding Discovery In A Texas Divorce?

By |2023-12-26T15:14:55+00:00December 26th, 2023|Categories: Divorce|

When it comes to divorce proceedings in Texas, understanding the discovery process is a key component for both attorneys and clients. This article aims to shed light on the various aspects of discovery in Texas divorce law, offering clarity on what needs to be filed, the methods of service, and the nuances of handling sensitive information. [...]

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What Is A Citation In A Texas Divorce?

By |2023-12-23T03:23:24+00:00December 22nd, 2023|Categories: Divorce|

In Texas, the divorce process initiates with a critical document known as a citation. This article aims to provide a clear understanding of what a citation is in the context of a Texas divorce, its legal importance, and the procedures involved in issuing and responding to it. We will explore the specifics of the citation process, [...]

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What Is An Appearance in a Texas Divorce?

By |2023-12-22T16:26:40+00:00December 22nd, 2023|Categories: Divorce|

An appearance in a Texas divorce is a crucial legal step for anyone who has been served with divorce papers. It represents the formal action taken by the respondent (the person who did not initiate the divorce) to actively participate in the divorce proceedings. This involvement is essential to ensure that your rights and interests are [...]

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Can My Spouse Search My Phone Or Computer In My Texas Divorce?

By |2023-12-21T17:59:58+00:00December 21st, 2023|Categories: Divorce|

In the midst of a Texas divorce, questions often arise about the legalities surrounding the access to and use of digital information. This article explores the intricate landscape of Texas law as it pertains to the searching of phones and computers during divorce proceedings. You will gain insights into the legal rights, privacy considerations, and practical [...]

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Social Media Evidence and Divorce in Texas

By |2023-12-21T16:46:53+00:00December 21st, 2023|Categories: Uncategorized|

In today's interconnected world, social media platforms such as Facebook, Instagram, TikTok, Snapchat, and Twitter play a significant role in our personal lives. This reality has profound implications in legal matters, particularly in divorce cases in Texas. For individuals facing divorce proceedings, understanding how social media evidence is treated under Texas law is vital. This article [...]

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How To Admit An Email Into Evidence In An Texas Divorce

By |2023-12-21T15:31:59+00:00December 21st, 2023|Categories: Divorce|

In today's digital age, emails often play a significant role in divorce proceedings, serving as vital pieces of evidence. This article explores the legal framework in Texas for introducing emails as evidence in divorce cases. We will discuss the procedures and requirements for authenticating emails, sharing them with opposing counsel, and addressing common objections and challenges [...]

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Subject Matter Jurisdiction in Texas Divorce Cases

By |2024-01-01T20:05:04+00:00December 20th, 2023|Categories: Divorce|

This article provides an in-depth look at subject matter jurisdiction within the realm of Texas divorce law. Readers will gain insights into the legal authority of Texas courts in divorce proceedings, the difference between subject matter jurisdiction and notice requirements, the process for challenging court orders based on jurisdictional issues, and the specific filing prerequisites for [...]

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Petition for Dissolution of Marriage in Texas

By |2023-12-20T13:41:18+00:00December 20th, 2023|Categories: Divorce|

The path to legally ending a marriage in Texas begins with the filing of a Petition for Dissolution of Marriage. This document, pivotal in the divorce process, carries various legal requirements and sets the stage for the proceedings that will shape the next chapter of the petitioners' lives. This guide aims to provide a detailed understanding [...]

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What Is A Judgment For Dissolution Of Marriage In A Texas Divorce?

By |2023-12-19T22:32:34+00:00December 19th, 2023|Categories: Divorce|

In the journey through a divorce in Texas, understanding the legal framework is essential for anyone facing this challenging life event. This article aims to shed light on the key aspects of a Texas divorce decree, including the definition of a judgment in a Texas divorce, the distinction between agreed judgments and judgments at trial, the [...]

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Service or Notice By Email In A Texas Divorce

By |2023-12-26T18:22:01+00:00December 19th, 2023|Categories: Divorce|

In Texas divorce law, service of legal documents and notices can indeed be conducted via email under certain conditions. This article provides a comprehensive overview of how email service is integrated into the legal framework of Texas, detailing the specific circumstances, procedural requirements, and legal considerations involved in utilizing email for service in divorce cases. 1. [...]

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Understanding Depositions in Texas Divorces

By |2023-12-13T15:58:57+00:00December 13th, 2023|Categories: Divorce|

Depositions are a key part of legal cases in Texas, helping lawyers collect information and get ready for court. This guide breaks down what you need to know about depositions, based on Texas law, especially focusing on Rule 199 from the Texas Rules of Civil Procedure. What is a Deposition? A deposition is when a witness [...]

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Preventing Harassing Depositions In An Texas Divorce

By |2023-12-13T14:28:05+00:00December 12th, 2023|Categories: Divorce|

Divorce proceedings in Texas, much like in other states, can be complex and emotionally taxing. One of the critical aspects of these proceedings is the deposition phase, a tool in the discovery process that can significantly impact the outcome of a case. Understanding the nuances of Texas law regarding depositions is crucial for anyone navigating a [...]

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What to Do if Your Child is Not Returned After Visitation in Texas

By |2024-01-14T23:49:24+00:00December 1st, 2023|Categories: Child Custody|

When a child is not returned after a scheduled visitation in Texas, it can be a distressing and legally complex situation for any parent. Understanding the range of legal remedies available is crucial in these circumstances. This article explores the various legal actions that can be taken, including filing a writ of habeas corpus, seeking enforcement [...]

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How Long Will My Divorce or Family Law Case Take in Texas?

By |2023-11-30T00:00:49+00:00November 30th, 2023|Categories: Child Custody, Divorce|

Navigating through a family law case can be a journey filled with uncertainties. One of the most frequent questions we encounter at The Blacknall Firm is, “How long will my case take?” While this question is completely understandable, the answer is not always straightforward. In this blog post, we aim to shed light on why predicting [...]

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Reimbursement Claims in Texas Divorces

By |2023-11-28T21:00:29+00:00November 28th, 2023|Categories: Divorce Property Division|

In Texas, the division of assets during a divorce can become particularly intricate when reimbursement claims are involved. These claims, governed by Sections 3.401 to 3.409 of the Texas Family Code, play a vital role in ensuring an equitable distribution of marital property. This article provides an overview of the legal framework surrounding reimbursement claims and [...]

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Escrow In A Texas Divorce

By |2023-11-24T22:42:34+00:00November 24th, 2023|Categories: Divorce Property Division|

Divorce proceedings in Texas are not just about the dissolution of a marital union but also entail the intricate task of dividing marital property. As we delve into the Texas Family Code, particularly Chapter 7, we find that the division of assets is governed by principles of fairness and equity, with due regard for the rights [...]

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Interest owed on money in a Texas divorce

By |2023-11-21T16:16:37+00:00November 21st, 2023|Categories: Divorce Property Division|

The ramifications of delayed payments in Texas divorce settlements are far-reaching and can significantly influence the overall financial burden for the paying party. This aspect becomes particularly pronounced due to the legal stipulations regarding the accrual and compounding of post-judgment interest. Understanding Post-Judgment Interest in Texas Texas law provides a detailed framework for the calculation and [...]

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Is Property Held in Trust Considered Separate or Community Property in Texas Divorce?

By |2023-11-19T20:32:33+00:00November 19th, 2023|Categories: Divorce Property Division|

Navigating a divorce in Texas can be complex, especially when trusts are involved. Trusts, as intricate financial entities, introduce specific challenges and questions in divorce proceedings. This article provides a comprehensive examination of how trusts are treated in Texas divorce law, focusing on the classification of trust assets and income. Separate vs. Community Property Under Texas [...]

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What Happens in a Texas Divorce to a House You Bought When You Were Engaged?

By |2023-11-16T15:45:34+00:00November 16th, 2023|Categories: Divorce Property Division|

In today's world, the traditional sequence of life events — engagement, marriage, buying a house, and starting a family — is often rearranged. Particularly in Texas, a state known for its distinctive legal landscape, understanding the implications of buying a house while engaged is essential if the relationship later leads to divorce. Texas Property Division: Community [...]

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Replevin Actions Against Ex-Spouses and Ex-Partners In Texas

By |2023-11-14T15:13:08+00:00November 14th, 2023|Categories: Divorce Property Division, Uncategorized|

When relationships end, the division of personal property often becomes a contentious issue. In Texas, the legal framework provides specific pathways for individuals to reclaim personal property that may have been wrongfully taken or retained by an ex-spouse or partner. This article delves into the nuances of replevin actions in Texas, offering guidance for both divorced [...]

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Can a Pro Se Litigant Ask for Attorney’s Fees in a Texas Divorce?

By |2023-11-09T17:32:35+00:00November 9th, 2023|Categories: Divorce|

In the legal landscape of Texas, the cost of a good lawyer is a significant investment in the pursuit of justice and fairness, especially in the emotionally charged arena of divorce. The question often arises: can a pro se litigant, one who forgoes legal representation and instead represents themselves, request attorney's fees in a Texas divorce? [...]

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Are We Legally Married? Texas Common Law Explained

By |2023-11-09T04:12:24+00:00November 9th, 2023|Categories: Divorce|

The intricacies of common law marriage, known in Texas as an informal marriage, can often be complex and misunderstood. In the state of Texas, the law acknowledges the validity of these unions, which can carry significant legal weight for couples who live together and regard themselves as married, despite not having formalized their relationship through a [...]

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Spousal Consent For Stock Purchase Agreements In A Texas Divorce

By |2023-11-08T00:03:59+00:00November 7th, 2023|Categories: Divorce Property Division|

When a spouse in Texas buys significant stock, they often need the other spouse to agree. This agreement comes in the form of a Spousal Consent Form. It confirms the non-buyer's agreement to the stock purchase terms. Texas's Community Property Approach As a community property state, Texas sees property acquired during marriage as jointly owned. Yet, [...]

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Which Spouse Pays Maintenance In A Texas Divorce?

By |2023-11-06T14:12:58+00:00November 6th, 2023|Categories: Divorce Property Division|

When navigating the complexities of a Texas divorce, understanding the nuances of spousal maintenance—commonly known as alimony—is crucial. In Texas, as in Illinois, the determination of whether a spouse is eligible for maintenance, the amount, and the duration are critical considerations. The initial step is to identify which spouse will be responsible for making maintenance payments. [...]

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Enforcing Post-Divorce Property Division in Texas: Your Rights and Remedies

By |2023-11-04T16:00:45+00:00November 4th, 2023|Categories: Divorce Property Division|

When a marriage ends, the division of property as decreed by the court is a final step in the process of legally separating the lives of the former spouses. However, the decree is not always self-enforcing, and issues can arise if one party does not comply with the terms set forth. In Texas, there are specific [...]

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Understanding Spousal Maintenance Buyouts in Texas Divorces

By |2023-11-03T15:32:13+00:00November 3rd, 2023|Categories: Divorce, Divorce Property Division|

When navigating the complexities of a divorce in Texas, the concept of spousal maintenance (commonly known as alimony) often becomes a focal point of financial settlements. Spousal maintenance in Texas is a legal obligation that may require one spouse to provide financial support to the other post-divorce. However, some individuals may prefer a clean break from [...]

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Anger Management Classes in a Texas Divorce

By |2023-11-02T23:41:53+00:00November 2nd, 2023|Categories: Child Custody, Divorce|

Divorce is a challenging journey, and when anger escalates, it can impact the legal process. In Texas, the law provides mechanisms to address such issues, particularly when the safety and well-being of children are involved. At Blacknall Firm, we are dedicated to guiding our clients through these complexities with expertise and compassion. The Legal Landscape of [...]

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What If My Subpoena Is Not Answered In My Texas Divorce?

By |2023-11-01T14:59:03+00:00November 1st, 2023|Categories: Divorce|

When a marriage dissolves, trust between spouses often diminishes, necessitating comprehensive disclosure of personal and financial details. In Texas, subpoenas serve as vital tools for obtaining information from third parties during a divorce. A subpoena is a legal document commanding an individual or entity to appear in court, produce evidence, or both, with penalties for non-compliance. [...]

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Quashing Subpoenas in a Texas Divorce

By |2023-10-31T21:11:13+00:00October 31st, 2023|Categories: Divorce|

A divorce represents a significant shift in the dynamics between two married individuals, necessitating a comprehensive examination of various aspects of their lives. This often involves securing information from third parties to validate details related to income, assets, and personal conduct. In Texas, the legal framework provides clear guidelines on how this process should be conducted, [...]

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Are 401(k)s Protected from Divorce in Texas?

By |2023-10-31T14:03:00+00:00October 31st, 2023|Categories: Divorce, Divorce Property Division|

For many individuals, significant assets are accumulated in the form of a home and retirement savings, with 401(k) accounts being a prevalent choice for the latter. These accounts are not just a cornerstone of retirement planning due to their tax-deferred nature and potential employer matching; they also play a crucial role in one’s financial stability. In [...]

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Understanding the Award of Marital Property

By |2023-10-30T18:22:25+00:00October 30th, 2023|Categories: Divorce, Divorce Property Division|

The division of marital property in Texas is a nuanced process, and the Texas Family Code provides the roadmap. Here's a closer look at Chapter 7, with practical implications for those navigating divorce or annulment. 1. General Rule of Property Division (Sec. 7.001) What it Says: The court divides the estate based on what's "just and [...]

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Understanding Texas Family Code Chapter 3: Marital Property Rights and Liabilities

By |2023-10-30T18:05:25+00:00October 30th, 2023|Categories: Divorce Property Division|

In Texas, it's crucial to understand how marriage impacts your property rights and debts. The Texas Family Code provides guidelines, and this article breaks them down for easier understanding.  General Rules for Separate and Community Property Separate Property: This includes: Property you owned or claimed before getting married. Property you acquired during marriage through a gift, [...]

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Understanding the Consequences of Hiding Assets in a Texas Divorce

By |2023-11-04T16:39:24+00:00October 30th, 2023|Categories: Divorce, Divorce Property Division|

Divorce proceedings in Texas demand transparency and integrity, with both parties required to be forthright in disclosing their financial standing. Full financial disclosure is a legal imperative in the state, yet there are instances where individuals may attempt to conceal assets, aiming for a more advantageous outcome. This article delves into the severe repercussions associated with [...]

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Understanding Nunc Pro Tunc Orders in Texas Divorce Cases

By |2023-10-29T16:56:12+00:00October 29th, 2023|Categories: Divorce|

Divorce proceedings are complex and emotionally charged, and they often involve numerous legal documents and court orders. In the midst of this challenging process, mistakes can happen. When clerical errors or omissions occur in court orders or judgments related to a divorce, a nunc pro tunc order can be a crucial tool for correction. In this [...]

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What are the tax implications of dividing a 401(k) in a divorce in Texas?

By |2023-10-28T15:45:41+00:00October 28th, 2023|Categories: Uncategorized|

Divorce proceedings are intricate, and when a 401(k) or other retirement accounts are part of the equation, grasping the tax implications becomes essential. In Texas, as in many other states, these accounts are deemed marital property if accumulated during the marriage, making them subject to division upon divorce. This article aims to shed light on the [...]

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Managing Business Assets and Property Division in Texas Divorce

By |2023-10-27T19:31:16+00:00October 27th, 2023|Categories: Divorce, Divorce Property Division|

Embarking on a divorce comes with its share of challenges, particularly when business assets are in play. In Texas, grasping the intricacies of property division laws is pivotal for entrepreneurs and business owners. This post aims to shed light on the property division process in Texas divorces, providing guidance and clarity, especially for those with business [...]

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How Does Deferred Adjudication for Assault Influence Custody Cases in Texas?

By |2023-10-26T18:48:17+00:00October 26th, 2023|Categories: Uncategorized|

When it comes to child custody cases in Texas, the court’s primary focus is on ensuring the safety and well-being of the child. This commitment becomes even more critical when one of the parents involved has a history of assault, even if it resulted in deferred adjudication. Understanding how the Texas Family Code addresses these issues [...]

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What Are the Key Aspects of a Mediated Settlement Agreement in Your Texas Divorce?

By |2023-10-25T16:15:42+00:00October 25th, 2023|Categories: Divorce|

Embarking on a divorce process brings about significant legal considerations, and understanding the implications of a Mediated Settlement Agreement (MSA) in Texas is crucial. An MSA is a comprehensive legal document that outlines the terms of the divorce, including financial divisions, child custody, and other related matters. This article aims to provide clarity on the key [...]

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How does expert testimony work in Texas divorce cases?

By |2023-10-25T15:45:15+00:00October 25th, 2023|Categories: Child Custody, Divorce|

When it comes to divorce and child custody battles in Texas, the stakes are high, and the process can be complex. One critical aspect that can significantly impact the outcome is the testimony of professionals such as therapists, social workers, and medical experts. In this blog post, we will delve into the intricacies of how Texas [...]

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Numbers in a Texas Divorce Settlement Agreement

By |2023-10-24T17:54:12+00:00October 24th, 2023|Categories: Divorce, Divorce Property Division|

Divorce Settlement Agreements handle the monetary obligations of each spouse in a Texas divorce. These agreements address three primary matters, all of which are numbers-based: child support, maintenance (commonly known as alimony in other states), and division of assets. Each of these items is either expressed as a number or as an estimated value expressed in [...]

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How We Sort Through Discovery Documents in a Texas Divorce

By |2023-10-24T16:10:21+00:00October 24th, 2023|Categories: Uncategorized|

The discovery process in a Texas divorce is a meticulous endeavor, and at The Blacknall Firm, it's a collective effort involving our skilled attorneys and dedicated support staff. Here's an overview of the steps the firm undertakes to ensure a comprehensive discovery process: 1. Requesting Discovery The process begins with the firm's attorneys drafting precise requests [...]

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The First Steps: What to Consider Before Filing for Divorce in Texas

By |2023-10-24T15:45:47+00:00October 22nd, 2023|Categories: Divorce, Pre-Divorce Advice, Uncategorized|

Divorce is a significant life event, and the decision to pursue it is rarely taken lightly. For many, it's a culmination of months or even years of contemplation, discussions, and emotional turmoil. If you're considering divorce in Texas, it's essential to understand the initial steps and factors to weigh before taking the plunge. Here's a guide [...]

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Liquidated Damages in a Texas Divorce

By |2023-10-21T17:01:55+00:00October 21st, 2023|Categories: Divorce, Divorce Property Division|

Divorce proceedings can be emotionally taxing and legally intricate. In Texas, as couples navigate the complexities of ending their marriage, they often encounter the concept of liquidated damages. This article delves into the nuances of liquidated damages in the context of Texas divorce law. What are Liquidated Damages? Liquidated damages refer to a predetermined amount of [...]

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Understanding Franchise Businesses in a Texas Divorce

By |2023-10-18T14:53:10+00:00October 18th, 2023|Categories: Divorce, Divorce Property Division|

In the vast landscape of Texas entrepreneurship, franchise businesses stand out as a popular choice for many aspiring business owners. The allure of a recognized brand, combined with the support of a larger corporate entity, makes franchising an attractive option. However, when marital discord enters the picture, the division of such businesses in a divorce can [...]

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When An Ex-Spouse Interferes With Your Employment In Texas

By |2023-10-17T00:57:39+00:00October 17th, 2023|Categories: Divorce|

For many individuals, the end of a marriage doesn't necessarily mean the end of conflicts with an ex-spouse. In some cases, the animosity can escalate to the point where one party actively seeks to harm the other's professional life. In Texas, just like in many other states, interfering with someone's employment can have legal consequences. This [...]

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What Is Income in a Texas Child Support Case?

By |2024-01-22T00:18:41+00:00October 14th, 2023|Categories: Uncategorized|

Child support is a pivotal aspect of family law, ensuring that children receive the necessary financial support from both parents. In Texas, the determination of child support largely hinges on the income of the parents. But what exactly constitutes "income" for the purpose of calculating child support in Texas? 1. Defining Income in Texas (§154.062) The [...]

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Nonguideline Spousal Maintenance in a Texas Divorce

By |2023-10-14T14:13:29+00:00October 14th, 2023|Categories: Divorce, Divorce Property Division|

Navigating the intricacies of divorce can be challenging, especially when it comes to financial matters. One of the most discussed topics in Texas divorces is spousal maintenance. While the Texas Family Code provides guidelines for determining maintenance, there are situations where nonguideline maintenance becomes relevant. This article delves into the concept of nonguideline spousal maintenance in [...]

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How Is Maintenance Calculated in Texas?

By |2023-10-14T13:41:13+00:00October 14th, 2023|Categories: Divorce, Divorce Property Division|

When navigating the complexities of divorce in Texas, one of the primary concerns for many individuals is the issue of maintenance, commonly known as alimony. In Texas, the rules and calculations for maintenance are outlined in the Texas Family Code. This article aims to provide a comprehensive overview of how maintenance is determined in Texas, referencing [...]

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Are all assets divided 50/50 in a Texas divorce?

By |2023-10-24T13:49:36+00:00October 14th, 2023|Categories: Divorce, Divorce Property Division|

Divorce is never easy, and when it comes to dividing assets in Texas, things can get complex. Texas, as a community property state, has its unique set of rules. Here's a breakdown to help you understand and navigate this intricate process: Community Property State Explained: In Texas, assets and debts acquired during the marriage are viewed [...]

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Income Producing Assets And Maintenance In A Texas Divorce

By |2023-10-14T16:21:11+00:00October 13th, 2023|Categories: Divorce, Divorce Property Division|

Warren Buffet once remarked, “If you don’t find a way to make money while you sleep, you will work until you die.” Many individuals accumulate enough wealth that subsequently generates sufficient income to sustain them...until they face a divorce. The division of this wealth can often provide a comfortable living (or at least cover a significant [...]

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How Can I Protect My Finances During a Texas Divorce?

By |2023-10-12T15:30:58+00:00October 12th, 2023|Categories: Divorce, Divorce Property Division|

Divorce can be an emotionally taxing experience, and amidst the whirlwind of emotions, it's easy to overlook the financial implications. However, in a community property state like Texas, understanding and protecting your financial interests is paramount. If you're a Texas resident navigating the complexities of divorce, here's how you can shield your finances and ensure a [...]

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The Advantages and Challenges of Dividing a Business During a Texas Divorce

By |2023-10-10T23:32:02+00:00October 10th, 2023|Categories: Divorce, Divorce Property Division|

For many couples, a shared business represents not just a financial investment but a culmination of dreams, hard work, and dedication. When facing a divorce, the question of how to address this significant asset becomes paramount. This guide delves into the advantages and challenges of transferring or selling business assets during a divorce, equipping you with [...]

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Untangling the Knot: Navigating Bankruptcy and Divorce in Texas

By |2023-11-16T19:46:56+00:00October 7th, 2023|Categories: Divorce|

Navigating the complexities of both bankruptcy and divorce can be challenging, especially when they intersect. In Texas, while it's technically possible to file for both simultaneously, there are several considerations to keep in mind. This blog post aims to shed light on the intricate relationship between bankruptcy and divorce in Texas, guiding you through the potential [...]

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Protecting and Repairing Your Credit During and After Divorce

By |2023-10-04T19:38:48+00:00October 4th, 2023|Categories: Divorce|

Navigating the financial intricacies of divorce requires a proactive approach to safeguard one's credit score. While joint debts can pose challenges, there are strategic steps to minimize the impact during the divorce and repair measures for the aftermath. Important Note: The actions suggested in this article are subject to any court orders in place. Always prioritize [...]

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Dangers Of Modifying Your Child Custody Order Without An Attorney

By |2023-10-04T15:10:28+00:00October 3rd, 2023|Categories: Child Custody|

In the challenging landscape of custody modifications in Texas, parents are often driven by a desire to ensure the best for their children. While the idea of navigating this process independently might seem appealing, the intricate nature of family law underscores the importance of professional legal representation. Let's delve into the reasons why having an attorney [...]

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Mental Health and Gray Divorce: The Importance of Seeking Help

By |2023-10-03T16:53:50+00:00October 3rd, 2023|Categories: Divorce|

Divorce is a challenging experience at any age, but for older couples, often termed "gray divorce," the emotional ramifications can be particularly profound. As couples navigate the end of a marriage that may have spanned decades, the emotional toll can be immense, leading to feelings of grief, loneliness, and anxiety. In such times, recognizing the importance [...]

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Alimony and Spousal Support in Gray Divorces

By |2023-10-03T16:41:15+00:00October 3rd, 2023|Categories: Divorce|

In many states, financial support provided to a spouse after divorce is referred to as "alimony." However, in Texas, this is known as "spousal support" or "spousal maintenance." As the trend of gray divorce continues to rise in Texas, understanding the intricacies of spousal support becomes paramount. For couples parting ways after decades of marriage, the [...]

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The Emotional and Financial Challenges of Gray Divorce in Texas

By |2023-10-02T19:58:43+00:00October 2nd, 2023|Categories: Divorce|

Divorce is never a straightforward journey, but when it occurs later in life, it brings with it a unique set of challenges. Often termed as "gray divorce," this phenomenon refers to couples parting ways after the age of 50. While the emotional toll is significant, the financial implications can be equally daunting. In this post, we'll [...]

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Understanding Gray Divorce: An Overview for Texans Over 50

By |2023-10-02T19:51:49+00:00October 2nd, 2023|Categories: Divorce|

In recent years, the term "gray divorce" has become increasingly prevalent, especially in the state of Texas. But what exactly does it mean, and why is it gaining traction? For those unfamiliar with the term, a gray divorce refers to couples who decide to part ways after the age of 50. While divorce is a challenging [...]

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Understanding the ‘Right of First Refusal’ in Texas Custody

By |2023-10-21T13:39:08+00:00September 29th, 2023|Categories: Child Custody|

Navigating the complexities of child custody can be a daunting task for parents. One term that often arises in custody discussions is the "right of first refusal." But what does it mean, and how does it impact Texas families? Let's delve into the intricacies of this provision and its significance in Texas custody agreements. What is [...]

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Will a Notarized Custody Agreement Hold Up in a Texas Court?

By |2023-09-28T15:04:04+00:00September 28th, 2023|Categories: Child Custody|

Child custody is a pivotal issue for parents navigating separations or divorces. Amidst this, parents often wonder about the legal weight of notarized custody agreements. In Texas, family law has specific provisions concerning child custody agreements. This article will address the significance of notarized custody agreements in a Texas court. Understanding Notarized Custody Agreements A notarized [...]

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Can You Lose Custody for Not Co-Parenting? Understanding the Legal Implications

By |2023-09-25T15:18:38+00:00September 25th, 2023|Categories: Child Custody, Divorce|

Co-parenting is a critical aspect of raising children after a divorce or separation. While it may be challenging to maintain a harmonious relationship with your ex-spouse, the courts often emphasize the importance of both parents being actively involved in their children's lives. But what happens if one parent refuses to co-parent effectively? Can you lose custody [...]

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Understanding Gray Divorce: Why Couples Separate Later in Life

By |2023-10-04T15:14:03+00:00September 22nd, 2023|Categories: Divorce|

Divorce is a complex and emotionally charged process at any age, but when it occurs later in life—often referred to as "gray divorce"—it brings its own unique set of challenges and considerations. At Blacknall Firm, we understand that ending a long-term marriage is never easy, and we're here to guide you through every step of the [...]

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Navigating Divorce Amicably: The Power of Negotiation

By |2023-10-04T15:15:09+00:00September 21st, 2023|Categories: Divorce|

Divorce is often perceived as a long, contentious process that inevitably leads to court battles. However, this isn't always the case. A growing number of couples are opting for a negotiated divorce, a method that allows both parties to reach an agreement without stepping into a courtroom. In this blog post, we'll explore the concept of [...]

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Navigating the Divorce Process

By |2023-10-04T15:16:02+00:00September 21st, 2023|Categories: Divorce|

Divorce is an emotionally taxing and complex legal process that can be overwhelming for those going through it for the first time. While the specific procedures can differ depending on jurisdiction and individual circumstances, there are general steps that most divorce cases follow. This guide aims to provide a clear understanding of the divorce process, so [...]

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Understanding the Free Consultation with a Divorce Lawyer

By |2023-10-04T15:19:20+00:00September 16th, 2023|Categories: Divorce|

At The Blacknall Firm, we understand that the decision to pursue a divorce is never easy. It's a step that comes with a myriad of emotions, questions, and uncertainties. To help you navigate this challenging time, we offer a free consultation with our experienced divorce lawyers. But what exactly does this free consultation entail? Let's delve [...]

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Who Gets the House in a Texas Divorce?

By |2023-10-04T15:20:48+00:00September 16th, 2023|Categories: Divorce Property Division|

Divorce is a challenging and emotional process, and one of the most pressing concerns for many couples is determining who gets the marital home. In Texas, the division of property during a divorce is governed by the Texas Family Code. Here, we'll delve into the specifics of how the Code addresses the division of the marital [...]

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Can a Parent Deny a Grandparent Visitation in Texas?

By |2023-10-04T15:24:47+00:00August 18th, 2023|Categories: Child Custody, Grandparents Rights|

In Texas, family matters often involve complex emotions, relationships, and legal guidelines. One of the recurring questions that arise is, "Can a parent deny a grandparent visitation in Texas?" In this blog post, we'll delve into the intricacies of the Texas Family Code to provide a comprehensive answer. Understanding the Grandparent's Right to Visitation The Texas [...]

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Key Factors Influencing Child Custody Modifications in Texas

By |2023-12-26T23:59:32+00:00August 16th, 2023|Categories: Child Custody|

Navigating child custody matters in Texas can be a complex journey, marked by changing circumstances and evolving needs. The Blacknall Firm, a dedicated family law firm in Texas, often encounters clients who are curious about the reasons a judge might alter an existing custody arrangement. Here, we break down some of the primary factors Texas courts [...]

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Reasons a Judge Will Change Custody

By |2023-12-27T00:59:49+00:00July 26th, 2023|Categories: Child Custody|

In Texas, a court-ordered child custody agreement is designed to provide the most beneficial circumstances for a child’s upbringing. The court always prioritizes the child’s best interests, as specified under Texas Family Code §153.002. However, life’s circumstances often change, necessitating a review and possible modification of the initial child custody order. There are several reasons a [...]

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Divorce: Where to Begin?

By |2023-10-04T15:40:04+00:00July 20th, 2023|Categories: Divorce|

Initiating the process of divorce is, without a doubt, a complex and emotionally challenging journey. Yet, being equipped with the right information can significantly alleviate the stress and uncertainty. At The Blacknall Firm, we are committed to assisting you every step of the way. We understand the unique challenges that Texans face when considering a divorce [...]

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Texas Child Support Laws Changing Effective September 1, 2023

By |2024-01-22T00:20:26+00:00July 18th, 2023|Categories: Child Custody, Child Support, Divorce|

Senate Bill 869, endorsed by the Texas Legislature and Governor Greg Abbott, introduces specific amendments to the Texas Family Code (TFC) aimed at improving the child support collection process in Texas. This update, proposed by the Child Support Division of the Texas State Attorney General's Office, is set to take effect on September 1, 2023. If [...]

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Can a Texas Divorce Lawyer Subpoena Bank Records?

By |2023-10-04T15:51:51+00:00July 17th, 2023|Categories: Divorce|

When going through a divorce, financial matters often become a central focus. Determining the division of assets, alimony, child support, and other financial obligations can significantly impact the outcome of a divorce settlement. In such cases, it is crucial to have access to accurate and comprehensive financial information. One method to obtain this information is by [...]

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Understanding the Role and Disclosure Rules of Expert Witnesses in Your Texas Divorce or Custody Case

By |2023-10-04T15:56:35+00:00July 14th, 2023|Categories: Divorce|

If you are facing a divorce or child custody case in Texas, you might hear about expert witnesses. Expert witnesses are professionals who offer specialized knowledge to help the court understand specific aspects of your case. These experts can greatly influence the outcome, which is why understanding their role and the disclosure rules surrounding them is [...]

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Mental Health Examinations in a Texas Divorce

By |2023-10-04T15:58:15+00:00July 12th, 2023|Categories: Child Custody, Divorce|

  As a family law attorney, I often hear clients express concerns about the mental health of their soon-to-be ex-spouse. In Texas, like in many other states, the law provides mechanisms to address these concerns. One such mechanism is the mental examination, which can be requested under certain circumstances during a divorce proceeding. The Legal Basis [...]

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Navigating Child Custody After the Death of a Parent

By |2023-10-04T15:59:09+00:00July 12th, 2023|Categories: Child Custody|

At The Blacknall Firm, we understand that the loss of a parent is a deeply traumatic event for a child. When this unfortunate circumstance arises, the question of child custody becomes a critical issue that needs to be addressed with sensitivity and legal expertise. This blog post aims to provide practical advice and guidance on navigating [...]

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Demystifying Habeas Corpus in Child Custody Disputes

By |2023-10-04T16:00:01+00:00July 3rd, 2023|Categories: Child Custody|

When child custody disputes arise and you find your child being kept away from you contrary to a court order, Texas Family Law has a powerful remedy on your side: the writ of habeas corpus. This writ is a significant instrument in child custody matters, acting as a legal directive for the child to be brought [...]

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Business Valuations in a Texas Divorce: What You Need to Know

By |2023-10-04T16:11:05+00:00June 21st, 2023|Categories: Divorce Property Division|

  Divorce is a complex process, and when a business is involved, it can become even more complicated. In Texas, understanding how business valuations work in a divorce is crucial for both parties. This blog post will delve into the intricacies of business valuations in a Texas divorce, answering some of the most common questions that [...]

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Understanding Writ of Habeas Corpus in Texas Child Custody Cases

By |2023-10-17T13:52:10+00:00June 19th, 2023|Categories: Child Custody|

A writ of habeas corpus is a legal order that commands an individual or entity to produce a person who is allegedly being detained unlawfully. In the context of a Texas child custody case, a writ of habeas corpus can be used when one parent believes the other parent is wrongfully withholding the child. The parent [...]

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When Can a Grandparent, Relative, or Non-Relative Seek Custody of a Child in Texas?

By |2023-10-04T16:37:34+00:00June 14th, 2023|Categories: Child Custody|

  Here at The Blacknall Firm, we understand that family matters can get complicated. There might be times when a grandparent, relative, or non-relative needs to seek custody of a child. Texas Family Code 102.003 and 102.004 set out the rules for when this is possible. Understanding Texas Family Code 102.003: Who Can File For Custody? [...]

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How Does Spousal Maintenance Work in Texas After a 10-Year Marriage?

By |2023-10-04T16:41:53+00:00June 13th, 2023|Categories: Divorce, Spousal Support|

Navigating the intricacies of spousal maintenance, also known as spousal support or alimony, can be challenging. This post will guide you through the specifics of spousal maintenance in Texas, focusing on situations involving marriages that have lasted over 10 years. We'll use a recent case study to illustrate how these laws are applied in real-life scenarios. [...]

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The Importance of Legalizing Stepparent Custody: A Case Study

By |2023-10-26T14:36:05+00:00June 4th, 2023|Categories: Child Custody|

In family law, stepparents play a vital role, yet their legal standing in custody battles can be precarious. This case study highlights the critical need for stepparents to secure legal custody, safeguarding their rights and the child's wellbeing. The Story Unfolds: In 2016, a father relinquished his parental rights, leaving the child with the mother and [...]

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Personal Injury Recovery in Texas Divorce: Is It Community or Separate Property?

By |2023-12-30T18:24:45+00:00May 23rd, 2023|Categories: Divorce, Divorce Property Division|

Divorce can be a challenging and complex process, especially when it comes to the division of assets. In Texas, determining whether a personal injury recovery is considered community or separate property is an important aspect of property division. In this article, we will explore the key factors that determine the classification of a personal injury settlement [...]

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Enforcing Child Support: A Guide to Child Support Liens and QDROs

By |2024-01-22T00:22:04+00:00May 16th, 2023|Categories: Child Support|

At The Blacknall Firm, we understand the significance of enforcing child support payments for the welfare of children. Our expertise in family law, particularly in matters relating to child support liens and Qualified Domestic Relations Orders (QDROs), equips us to serve our clients across Dallas, Rockwall, Collin, and Denton counties. This article provides a detailed exploration [...]

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Navigating the Financial Landscape of Divorce in Texas: Strategies for Success and Empowerment

By |2023-10-04T16:57:23+00:00May 12th, 2023|Categories: Divorce, Mindset, Pre-Divorce Advice|

  Money plays a crucial role in every divorce case in Texas. It involves various aspects such as identifying and dividing assets, dealing with debts, and planning for your financial future. This process can be overwhelming for anyone, regardless of whether you're a financially knowledgeable businesswoman or a stay-at-home parent with limited control over finances. The [...]

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Texas Appeals Court Affirms Discretionary Power of Trial Courts in Geographic Restrictions for Children’s Residence

By |2023-10-04T17:00:52+00:00May 5th, 2023|Categories: Child Custody|

  In a recent decision, the Texas Appeals Court supported the authority of trial courts in determining where children in custody cases can live. This ruling emphasizes the role of trial courts in making decisions based on the unique circumstances of each case. In this article, we will explore the case, the reasons behind the court's [...]

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Selling Your House in a Texas Divorce: Key Considerations

By |2023-10-05T14:57:08+00:00April 28th, 2023|Categories: Divorce, Divorce Property Division|

At The Blacknall Firm, we understand the complexities and challenges that come with selling a house during a divorce in Texas. Divorce can be a difficult and emotional time, and dealing with the intricacies of real estate transactions can add further stress. In this comprehensive guide, we aim to provide you with the essential information you [...]

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Standing Up for Your Rights as a Parent: A Comprehensive Guide to Filing a Motion to Enforce a Custody Order

By |2023-10-22T20:59:36+00:00April 28th, 2023|Categories: Child Custody|

Welcome to our comprehensive guide on filing a motion to enforce a custody order, where we will provide you with detailed insights and step-by-step instructions to help you navigate this important legal process. As dedicated advocates for parents, we understand the significance of protecting your rights and ensuring the best interests of your child. In this [...]

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Protecting Native American Children: Understanding the Indian Child Welfare Act

By |2023-10-05T15:47:32+00:00April 27th, 2023|Categories: Child Custody|

When it comes to foster care, termination of parental rights, and adoption, Native American children are protected by a vital federal law called the Indian Child Welfare Act (ICWA). In this  blog post, we will explore the essence of the ICWA, its implications, and the significance of upholding Native American cultural heritage in these specific legal [...]

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Grandparent Visitation Rights in Texas: Navigating the Complex Legal Landscape

By |2023-10-05T15:49:02+00:00April 22nd, 2023|Categories: Child Custody|

Grandparents play a crucial role in the lives of their grandchildren. However, when relationships between grandparents and their grandchildren become strained, grandparents may find themselves seeking court-ordered visitation rights. The good news is that Texas law recognizes the importance of grandparent-grandchild relationships and provides grandparents with legal options to pursue visitation rights. However, obtaining these rights [...]

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Understanding Grandparent Custody Rights in Texas

By |2023-10-05T15:50:41+00:00April 22nd, 2023|Categories: Child Custody|

In Texas, grandparents have legal rights to ask for custody of their grandchildren under certain circumstances. In this article, we'll discuss the Texas Family Code section that outlines these circumstances and what you need to know about them. Section 102.004 of the Texas Family Code Section 102.004 of the Texas Family Code is the statute that [...]

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Understanding Prenuptial Agreements under Texas Law

By |2023-10-05T15:53:43+00:00April 20th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

At The Blacknall Firm, we believe that prenuptial agreements can be a valuable tool for couples who want to protect their assets, clarify their financial rights and obligations, and plan for the future. In this article, we will discuss the key features of prenuptial agreements under Texas law, including what they can contain, how they are [...]

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From Here to There: A Guide to Modifying Child Custody Orders for Relocation

By |2023-10-05T15:58:15+00:00April 18th, 2023|Categories: Child Custody|

When parents divorce or separate, one of the most contentious issues is determining child custody. Custody orders are put in place to ensure that the best interests of the child are always considered, and this includes ensuring that they have a stable and secure living environment. However, circumstances can change, and the custodial parent may wish [...]

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Breaking Up is Hard to Do: What to Expect During a Divorce in Texas

By |2023-10-05T16:01:14+00:00April 17th, 2023|Categories: Divorce|

Divorce can be a difficult and emotional process, but it's one that many couples will face at some point in their lives. If you're considering or going through a divorce, it's important to understand what to expect and how to navigate the process as smoothly as possible. In this article, we'll discuss some of the key [...]

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How to Modify or Update a Premarital Agreement in Texas

By |2023-10-05T16:10:18+00:00April 15th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

A premarital agreement is a legal document that outlines how a couple's assets and debts will be divided in the event of a divorce or the death of one spouse. However, circumstances can change after the agreement has been signed, and the terms of the agreement may no longer reflect the couple's wishes. In this blog [...]

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Mistakes to Avoid When Creating a Postnuptial Agreement

By |2023-10-05T16:12:24+00:00April 13th, 2023|Categories: Divorce, Divorce Property Division|

  Postnuptial agreements are legal contracts signed by married couples that outline their rights and responsibilities regarding property, assets, and debt in the event of a separation or divorce. These agreements can be a valuable tool for protecting your assets and ensuring a smooth divorce, but they can also be complex and difficult to create. To [...]

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Enforcing a Premarital Agreement in Texas: What You Need to Know

By |2023-10-05T16:14:19+00:00April 12th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

Premarital agreements are designed to provide certainty and clarity in the event of a divorce. However, like any legal agreement, a premarital agreement can be challenged under certain circumstances. In this post, we'll explore the legal process for enforcing a premarital agreement in Texas, including the circumstances under which an agreement can be challenged and the [...]

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Common Misconceptions About Premarital Agreements in Texas

By |2023-10-05T16:17:28+00:00April 11th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

Premarital agreements, also known as prenuptial agreements, are a common tool used by couples in Texas to protect their assets in the event of a divorce. However, there are many misconceptions about premarital agreements that can prevent couples from considering them as an option. In this blog post, we will address some of the most common [...]

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How to Create a Valid Premarital Agreement in Texas

By |2023-10-05T16:19:27+00:00April 10th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

When planning to get married, a premarital agreement can be an essential tool for protecting your assets and planning for your future. However, creating a valid premarital agreement in Texas can be a complex process that requires careful consideration of legal requirements and potential issues. Here are the key steps to follow when creating a premarital [...]

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Understanding Premarital Agreements in Texas: A Comprehensive Guide

By |2023-10-05T16:21:55+00:00April 8th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

Premarital agreements, also known as prenuptial agreements or prenups, are legal contracts entered into by couples before marriage. These agreements outline the rights and obligations of each spouse in the event of divorce or death. If you're considering a premarital agreement in Texas, it's important to understand the legal requirements for validity and the topics that [...]

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Texas Family Code 3.001: An Overview of Property Rights in a Divorce

By |2023-10-05T16:24:24+00:00April 6th, 2023|Categories: Divorce|

If you're going through a divorce in Texas, it's important to understand the laws surrounding property division and how they may impact your situation. When couples decide to get divorced, they must divide their property and assets fairly. This is where Texas Family Code 3.001 comes into play. In this post, we'll take a closer look [...]

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Commingling Separate and Community Property: What You Need to Know

By |2023-10-05T16:26:44+00:00April 5th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

When couples get married, they usually pool their resources together and start accumulating property. In Texas, all property acquired during the marriage is considered community property, which means that it is owned equally by both spouses. However, some property may be classified as separate property, which is owned by only one spouse. The issue of commingling [...]

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How to Protect Your Separate Property During a Divorce in Texas

By |2023-11-24T22:07:12+00:00April 4th, 2023|Categories: Divorce Property Division|

Divorce is a challenging journey, and when it comes to Texas, the division of assets becomes a focal point of concern. In Texas, the distinction between separate and community property significantly influences how assets are divided. This guide delves deep into the complexities of managing separate property in Texas divorces, offering clear, actionable advice rooted in [...]

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Divorce & Separate Property: How it’s Treated?

By |2023-10-05T16:40:36+00:00April 3rd, 2023|Categories: Divorce, Divorce Property Division|

When it comes to divorce proceedings in Texas, one of the most important considerations is the division of property. Under Texas law, all property owned by either spouse is presumed to be community property unless proven otherwise. However, some property may be considered separate property under certain circumstances. In this comprehensive guide, we will explore what [...]

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Property Division in Divorce: What is a “Just and Right” Division?

By |2023-10-05T16:44:22+00:00April 2nd, 2023|Categories: Divorce, Divorce Property Division|

Divorce can be a challenging and emotional process, especially when it comes to dividing property acquired during the marriage. In Texas, the law requires that property be divided in a way that is "just and right," but what does that mean? The case of "In re Marriage of Spalding" provides a case study of how courts [...]

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How to Seek Enforcement of Temporary and Final Court Orders in Texas Family Court

By |2023-10-05T16:48:55+00:00April 2nd, 2023|Categories: Child Custody, Divorce|

In the state of Texas, the legal system grants courts the power to issue both temporary and final orders in cases related to family law. These orders, which are legally binding, address various matters including child custody, child support, and spousal support. A common question that arises is: What if a party doesn't adhere to these [...]

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Navigating the Motion for Enforcement Process: A Guide for Custodial Parents in Texas”?

By |2023-10-25T17:53:12+00:00April 1st, 2023|Categories: Child Custody|

As a custodial parent, you may face challenges when it comes to enforcing a court order related to child support or possession and access to your child. Sometimes, non-custodial parents may fail to comply with court orders, leaving you with the burden of ensuring that the orders are enforced. Fortunately, the Texas Family Code provides a [...]

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Selling Your House During a Texas Divorce: What You Need to Know

By |2023-11-08T00:56:49+00:00March 31st, 2023|Categories: Divorce, Divorce Property Division|

Divorce proceedings in Texas can become complicated when they involve selling a shared home. This article aims to clarify the process, helping you approach the sale of your property with a clear understanding during this challenging time. Understanding Property Division in Texas The concept of community property is central to Texas divorce law. Typically, assets acquired [...]

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When and Why a Family Law Court in Texas Might Appoint a Receiver

By |2023-03-31T15:01:37+00:00March 31st, 2023|Categories: Divorce|

When parties are involved in a family law case in Texas, one of the primary concerns is the division of property and assets. In some situations, however, one or both parties may not be acting in good faith, causing disputes over property and assets to arise. When these disputes cannot be resolved through traditional methods, a [...]

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Understanding Termination of Parental Rights in Texas

By |2023-03-31T13:43:57+00:00March 29th, 2023|Categories: Child Custody|

Termination of parental rights is a complex and serious matter that requires a thorough understanding of Texas law. As a parent, your child is your top priority, and it is crucial to protect your parental rights. In this blog post, we will discuss the key points of the Texas Family Code that govern termination of parental [...]

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Uncovering Hidden Income: How an Attorney Can Calculate Child Support for Under-the-Table Workers

By |2024-01-22T00:23:09+00:00March 24th, 2023|Categories: Child Support|

Child support is a critical financial obligation that non-custodial parents must fulfill to ensure their children's well-being. However, calculating child support when the non-custodial parent is working under the table can be challenging. In such cases, the custodial parent may need the assistance of an attorney to calculate the non-custodial parent's income and ensure fair child [...]

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Understanding the Services Offered by the Texas Office of Attorney General for Child Support Cases

By |2024-04-01T13:01:37+00:00March 24th, 2023|Categories: Child Support|

As a parent seeking child support in Texas, it's important to understand the services offered by the Texas Office of Attorney General (OAG) and what they will not do. The OAG provides various services to help parents establish and enforce child support orders, but there are limits to their assistance. In this article, we'll discuss the [...]

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What to Know About Dividing Vacation Homes During a Texas Divorce

By |2023-03-22T20:45:32+00:00March 22nd, 2023|Categories: Divorce|

When a marriage comes to an end, dividing property can be a significant challenge. This is especially true for vacation homes, which may hold both sentimental and financial value. If you own a vacation home and are going through a divorce in Texas, you may have several questions about how this property will be handled. In [...]

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Understanding the Differences Between Divorce and Annulment

By |2023-04-01T15:31:43+00:00March 20th, 2023|Categories: Divorce|

At The Blacknall Firm, we understand that deciding between a divorce and an annulment can be a difficult and emotional process. Both options involve legally ending a marriage, but they are distinct in their requirements and effects. In this article, we will explore the key differences between divorce and annulment and help you determine which option [...]

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Is 50/50 Custody in the Best Interest of the Child?

By |2023-12-04T16:48:53+00:00March 19th, 2023|Categories: Child Custody, Divorce|

In recent years, joint custody has become increasingly popular in divorce cases, with 50/50 custody being one of the most commonly sought  arrangements. However, like any custody arrangement, there are pros and cons to 50/50 custody that must be considered before making a decision. In this article, we will explore the advantages and disadvantages of 50/50 [...]

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The Power of Post-Nuptial Agreements in Texas

By |2023-03-19T14:48:57+00:00March 19th, 2023|Categories: Divorce|

As legal professionals, we understand that post-nuptial agreements are an essential tool for married couples to protect their interests in the event of a divorce or separation. In Texas, a recent court case addressed the validity of a post-nuptial agreement and provided guidance on what factors are considered when determining the enforceability of such agreements. Validity [...]

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Navigating the Child Tax Credit in Texas Divorce Cases

By |2023-03-18T21:08:36+00:00March 18th, 2023|Categories: Divorce|

Divorce can be a challenging and stressful experience, particularly when children are involved. One of the most pressing concerns for divorced parents is figuring out who can claim the Child Tax Credit. The Child Tax Credit is a significant tax benefit that can provide much-needed financial relief for parents who have the primary custody of their [...]

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10 Books to Help Kids with Divorcing Parents

By |2023-03-18T20:31:20+00:00March 18th, 2023|Categories: Divorce|

Divorce can be a challenging and emotional time for everyone involved, especially for children. It's important for parents to provide support and resources to help their children cope with the changes that come with divorce. One helpful resource can be books that are specifically written for children going through a divorce. Here are ten books that [...]

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Practical Steps to Prepare Your Finances for Divorce

By |2023-03-18T20:21:27+00:00March 18th, 2023|Categories: Divorce|

Divorce is a challenging process that can have a significant impact on your finances. It's important to take practical steps to prepare your finances for divorce to ensure a stable financial future. Here are some practical steps to help you prepare: Collect Financial Documents: Collect all financial documents for both you and your spouse, including bank [...]

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Child’s Name Change in Texas

By |2023-07-26T14:58:09+00:00March 16th, 2023|Categories: Child Custody|

Changing a child's name is a significant decision that requires careful consideration and a thorough understanding of the legal process. This guide will walk you through the steps involved in legally changing a child's name in Texas. Step 1: File a Petition with the Court The initial step in the name change process involves filing a [...]

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Understanding the Impact of Temporary Orders in Family Law Cases

By |2023-07-26T13:28:18+00:00March 10th, 2023|Categories: Child Custody, Divorce|

As a family law attorney in Texas, I often receive questions from clients regarding the role of temporary orders in determining the final outcome of their case. Temporary orders are an essential part of any family law case, and they can significantly impact the court's final decision regarding child custody, child support, and spousal support. In [...]

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Mortgage Payments During Divorce in Texas: Can They Be Credited as Alimony or Child Support?

By |2023-06-21T02:01:24+00:00March 3rd, 2023|Categories: Divorce, Spousal Support|

Going through a divorce can be emotionally and financially draining, and one of the biggest concerns is often how financial support will be handled. For Texas couples going through a divorce, an important question that comes up is whether mortgage payments made by one spouse during the divorce can be credited as alimony or child support. [...]

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How to Remove Your Name from a Mortgage After Divorce

By |2023-10-26T13:49:41+00:00March 2nd, 2023|Categories: Divorce, Divorce Property Division|

Divorce is undoubtedly a tumultuous journey, laden with emotional upheaval and complex legal intricacies. When joint debts such as mortgages come into play, the process becomes even more intricate. If you find yourself entangled in the throes of divorce, pondering over how to extricate your name from a mortgage, you're not alone. There are several pathways [...]

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Unlocking the Secrets of Premarital Agreements: Tips for Ensuring Enforceability

By |2023-04-21T00:36:56+00:00March 1st, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

Premarital agreements, also known as prenuptial agreements or prenups, are contracts entered into by couples before they get married. These agreements can cover a wide range of issues, including the division of property and assets, spousal support, and even the distribution of debts. In Texas, premarital agreements are governed by the Texas Family Code, and there [...]

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Going to a Final Trial in Family Law: What to Expect

By |2023-07-08T18:46:53+00:00February 27th, 2023|Categories: Child Custody, Divorce|

As a family law attorney with over two decades of experience, I've seen firsthand the toll that disputes can take on families. While we always strive to resolve cases outside of the courtroom, sometimes the only way to achieve a fair outcome is through a final trial. In this article, I'll share my insights on what [...]

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What Happens if a Parent Does Not Follow a Court Order in Texas?

By |2023-02-25T16:44:25+00:00February 25th, 2023|Categories: Uncategorized|

As a Collin County family lawyer, I frequently work with parents who are struggling to navigate difficult co-parenting situations. One common issue that arises is when one parent is violating a court order, such as failing to pay child support or refusing to adhere to a visitation schedule. If you are in this situation, it's important [...]

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The Importance of Knowing the Names and Locations of Friends and Family Members for Unmarried Parents

By |2023-02-25T16:16:07+00:00February 21st, 2023|Categories: Child Custody|

As an unmarried parent, you face unique challenges when it comes to establishing custody and protecting your rights as a parent. This can be especially true if you and your partner are no longer in a relationship and the other parent's whereabouts are unknown. In this blog post, we'll discuss the importance of knowing the names [...]

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Child Custody Modification Process

By |2023-12-01T17:29:03+00:00February 21st, 2023|Categories: Modification|

Understanding the nuances of modifying child custody orders in Texas is crucial for parents considering changes to their existing custody arrangements. This guide offers a thorough exploration of the process, legal requirements, and strategic considerations involved in custody modifications in Texas. Legal Framework for Custody Modification Grounds for Modification Material and Substantial Change: A significant change [...]

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Modifying a Custody Order in Texas: Who Can File?

By |2023-03-09T15:55:01+00:00February 21st, 2023|Categories: Modification|

When a couple with children divorces or separates, one of the most challenging issues to address is child custody. The custody order is typically included in the final divorce decree, and it outlines the legal and physical custody arrangements for the children. However, circumstances can change, and it may become necessary to modify the custody order. [...]

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Why might a parent want to modify a custody order in Texas?

By |2023-12-04T16:52:42+00:00February 21st, 2023|Categories: Modification|

Child custody arrangements are intricate, and as children grow and circumstances change, the initial custody order may no longer serve their best interests. In Texas, parents have the option to seek modifications to custody orders to better align with the current needs and well-being of the child. This guide explores the common reasons for seeking modifications [...]

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The Limits of Modifying Texas Property Division Orders

By |2023-08-11T01:04:45+00:00February 20th, 2023|Categories: Divorce Property Division, Modification|

Divorce can be a complicated and emotionally charged process, especially when it comes to dividing property. In Texas, property division is governed by a set of rules and guidelines that can be difficult to understand without the help of an experienced attorney. In this blog post, we'll use an everyday example to illustrate some of the [...]

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When Can You Modify a Custody Order in Texas?| Key Factors Explained

By |2023-05-04T23:26:38+00:00February 20th, 2023|Categories: Child Custody, Modification|

If you have a custody order in Texas, you may wonder if and when you can modify it. Maybe your ex-spouse is no longer complying with the agreement, or maybe you have concerns about your children's safety or well-being. In this post, we'll explain when you can modify a custody order in Texas and how the [...]

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Child Custody Modification in Texas: Legal Requirements, Best Practices, and Real-Life Examples

By |2023-03-09T16:07:58+00:00February 20th, 2023|Categories: Modification|

Child custody modification is a crucial issue for parents who are going through a divorce or separation in Texas. Whether you're seeking to modify an existing custody arrangement or fighting for a new one, it's essential to understand the legal requirements, best practices, and potential pitfalls of the process. Legal Requirements: In Texas, parents seeking child [...]

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Keeping Kids Close: Understanding When a Texas Jury Can Impose a Geographic Restriction in Custody Battles

By |2023-03-09T16:12:59+00:00February 17th, 2023|Categories: Child Custody, Modification|

As a Dallas family lawyer, I have represented many clients in child custody cases. One issue that often arises in these cases is whether a geographic restriction should be imposed on the custodial parent. In Texas, a geographic restriction limits the residence of the child to a certain geographic area. In this blog post, I will [...]

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Texas Court Grants Custody to Father After Mother Seeks Modification

By |2023-03-09T16:15:00+00:00February 17th, 2023|Categories: Modification|

In a recent development in Texas family law, a father was granted custody of his children after the mother sought a modification. The case has garnered attention due to the unique circumstances and the ruling's impact on future family law cases. In this article, we'll delve into the details of the case and discuss the implications [...]

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Texas Custody Orders: Understanding the Option for Unequal Possession Among Joint Managing Conservators

By |2023-03-09T16:17:31+00:00February 17th, 2023|Categories: Modification|

As legal professionals, we understand the intricacies involved in joint managing conservatorship and the nuances of custody orders. In Texas, it is common for joint managing conservators to assume equal possession of the child, but this is not always the case. In this article, we will explore the circumstances in which joint managing conservators may have [...]

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Custody Modification Following Alleged Assault and Abuse in Texas: What You Need to Know

By |2023-12-02T21:43:36+00:00February 17th, 2023|Categories: Modification|

In this article, we will explore the topic of custody modification following alleged assault and abuse between the parents, and provide you with a detailed overview of the relevant legal process, factors that are considered by the court, and possible outcomes of such cases. Legal Process: In Texas, the legal process for custody modification following alleged [...]

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Texas Custody Modification: Navigating the Complex Process and Factors Considered by the Courts

By |2023-03-09T16:46:21+00:00February 17th, 2023|Categories: Modification|

Custody battles can be challenging and emotionally draining. Often, parents find themselves back in court after a custody order has been established. This can be due to a variety of reasons, such as a change in circumstances or a desire to modify the original custody agreement. In this article, we will discuss the process of modifying [...]

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Child Support and Intentional Underemployment

By |2023-03-09T16:51:26+00:00February 17th, 2023|Categories: Modification|

As a family law attorney in Dallas, I have seen many cases where a parent intentionally becomes underemployed or unemployed to avoid paying higher child support. This is a serious issue because child support is essential to the well-being of the child, and both parents have a legal obligation to provide support. In this blog post, [...]

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Modifying a Texas Custody and Visitation Order When One Parent Wants to Move to Another State for a Better Job

By |2023-03-10T21:32:15+00:00February 15th, 2023|Categories: Modification|

As a Dallas family lawyer, I have helped many clients navigate the process of modifying a custody and visitation order in Texas. One of the most common reasons for seeking a modification is when one parent wants to move to another state for a better job. In this blog post, I will explain the process for [...]

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Modifying a Custody and Visitation Order After One Parent Moves to Texas

By |2023-03-10T21:38:53+00:00February 15th, 2023|Categories: Modification|

As a Dallas family lawyer, I often hear from parents who are facing difficult family law issues after a move. One common situation is when both parents were living in one state, and then one parent moved to Texas with the children. In these cases, it may be necessary to modify the existing custody and visitation [...]

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Understanding Multiple Households in Texas Child Support Calculations

By |2023-03-10T21:40:52+00:00February 15th, 2023|Categories: Modification|

As a Dallas family lawyer, I have come across many cases where parents need to split up their children. While siblings are often kept together, sometimes it's in the children's best interest to live separately. In these cases, each parent may be obligated to pay child support to the other. A Hypothetical Example For example, let's [...]

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Navigating a Mediated Settlement Agreement When an Attorney Fails to Sign: A Guide for Divorcing Couples

By |2023-03-10T21:43:19+00:00February 14th, 2023|Categories: Divorce|

In any divorce case, the parties may choose to resolve their disputes through a settlement agreement. However, it is not uncommon for one party to revoke their consent to the agreement after the mediation process, but before the court enters judgment. What happens in such a situation? The Scenario For instance, a couple goes through the [...]

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Mediated Settlement Agreements: The Importance of Clarity and Specificity

By |2023-03-10T22:02:55+00:00February 14th, 2023|Categories: Divorce, Divorce Property Division|

What is a Mediated Settlement Agreement? In a divorce case, couples often use Mediated Settlement Agreements (MSAs) to formalize their agreement about the division of property, child custody, and other issues. MSAs are legal documents that establish the terms of a divorce settlement, and can be extremely helpful in avoiding future disputes. The Importance of Clarity [...]

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Separate vs. Community Property: Navigating Disputes and Premarital Agreements in Texas Divorce

By |2023-04-20T17:47:47+00:00February 14th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

  As a Dallas divorce attorney, I understand that protecting assets is a top priority for many clients. In Texas, community property laws can make asset division during a divorce complicated. In this blog post, I'll discuss premarital agreements (PMAs), the community property presumption, and exceptions to the rule. Premarital Agreements PMAs are legal contracts that [...]

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The Importance of Partition and Exchange Agreements in Divorce

By |2023-03-10T22:15:40+00:00February 13th, 2023|Categories: Divorce, Divorce Property Division|

Divorce can be a difficult and emotional process, but having a clear understanding of the terms of the partition and exchange agreements and how to handle disputes can make the process smoother. In this blog post, we will discuss the significance of partition and exchange agreements and arbitration clauses for disputes, and why seeking the assistance [...]

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Safeguarding Your Finances: How Premarital Agreements Can Protect Against Debt

By |2023-04-20T17:53:18+00:00February 13th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

  When getting married, couples often consider how their assets and liabilities will be impacted. For some, one spouse may have outstanding debt, and they want to protect the other spouse from being held responsible. This is where a premarital agreement (PMA) comes in handy. What is a Premarital Agreement (PMA)? A PMA is a legal [...]

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Managing High Tension/High Conflict Drop-Offs & Pick Ups in a Texas Divorce or Custody Case

By |2023-03-10T22:35:27+00:00February 13th, 2023|Categories: Child Custody, Divorce|

As a Dallas family lawyer, I have seen my fair share of high tension and high conflict drop-off and pick-up situations in divorce and custody cases. These situations can be emotionally charged and stressful for everyone involved, especially for the children. However, with the right approach, it is possible to manage these situations in a healthy [...]

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How Do State Retirement Plans Impact Your Divorce Settlement?

By |2023-11-11T18:51:41+00:00February 12th, 2023|Categories: Divorce Property Division|

As a divorce attorney in Dallas, I've seen many questions arise when it comes to state governmental retirement plans and divorce. In this blog post, I'll answer some of the most common questions to help you understand your rights and options in this complex area. What is ERISA and How Does it Relate to State Retirement [...]

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Divorce and Federal Retirement Plans: What Non-Employee Spouses Need to Know

By |2023-03-10T23:59:54+00:00February 12th, 2023|Categories: Divorce Property Division|

As a divorce attorney at the Blacknall Firm, I understand that divorce can be a difficult and confusing process. It's especially complicated when there are government benefits and retirement plans involved. If you're a non-employee spouse going through a divorce, you may have questions about your rights to a portion of your former spouse's federal retirement [...]

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Managing 529 College Savings Plans in Texas Divorce

By |2023-06-27T23:19:35+00:00February 11th, 2023|Categories: Divorce, Divorce Property Division|

As a divorce attorney in Texas, I've observed that one area which often requires careful consideration is a family's 529 college savings plan. Under Texas' "community property" system, all assets acquired during the marriage belong equally to both spouses. This includes education savings plans, such as the Texas College Savings Plan and the Lonestar 529 Plan. [...]

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The Ins and Outs of Prenuptial Agreements in Texas

By |2023-03-11T17:14:00+00:00February 11th, 2023|Categories: Divorce|

As a Dallas family lawyer, I often receive questions from clients about prenuptial agreements. This contract between two people who are getting married can provide clarity and peace of mind for both parties, but there are many misconceptions about what it covers and the legal requirements for a valid agreement. What is a Prenuptial Agreement and [...]

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Prenuptial Agreements in Texas: What You Need to Know

By |2023-03-11T18:55:23+00:00February 10th, 2023|Categories: Divorce|

Prenuptial agreements are becoming increasingly popular as couples look for ways to protect their assets and plan for their future. A prenuptial agreement can help you: Define your separate property and how it will be treated in the event of a divorce Protect your assets, such as a family business or inherited property Establish expectations for [...]

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Modifying a Custody and Visitation Order in the Face of Abuse: What Parents Need to Know

By |2023-03-11T18:57:56+00:00February 10th, 2023|Categories: Child Custody|

As a Dallas family lawyer, I have seen my fair share of cases where a step-parent's abusive behavior has led to a need for a modification of a custody and visitation order. Whether you are a custodial or non-custodial parent, it is important to know your options for protecting your children in these situations. Options for [...]

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Texas Custody Orders: Clarification vs. Modification

By |2023-03-11T19:07:05+00:00February 9th, 2023|Categories: Child Custody|

When it comes to Texas custody cases, it's important to understand the difference between clarification and modification of an order. While these two processes may seem similar, they are actually quite distinct and have different requirements and outcomes. Clarification of an Order A court may clarify an order in a Texas suit affecting the parent-child relationship [...]

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Untangling the Fiduciary Duty and Reimbursement Issues in Texas Community Property Divorces

By |2023-03-12T18:15:49+00:00February 9th, 2023|Categories: Divorce, Divorce Property Division|

As a divorce attorney in Dallas, I have seen many cases where the division of community property can become a contentious issue. This is especially true when one spouse has controlled the finances during the marriage. In these cases, it is important to understand the laws and duties surrounding community property in Texas. Fiduciary Duty in [...]

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Modifying Agreements in Texas Family Court

By |2023-03-11T19:19:05+00:00February 8th, 2023|Categories: Child Custody|

Child Custody Modification Under Texas family law, changes to the custody agreement can be made only under certain circumstances and with specific requirements. Generally, a person must wait a year before seeking to change the primary custody order. However, there are exceptions to this rule if: The person with primary custody agrees to the change or [...]

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