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 [...]
 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 [...]
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 [...]
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 [...]
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 [...]
 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 [...]
 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 [...]
 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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
 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 [...]
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 [...]
 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 [...]
Divorce is never an easy process, and selling a house during a divorce can add an extra layer of complexity to an already difficult situation. If you're going through a divorce in Texas and considering selling your house, it's important to understand the legal and practical issues involved. In this post, we'll explore the Texas law [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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. [...]
Divorce can be a challenging and emotional process, and dealing with joint debts, such as a mortgage, can make things even more complicated. If you and your spouse are divorcing, you may be wondering how to remove your name from a mortgage. There are a few different options available, and the best one for you will [...]
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 [...]
As a family law attorney with over a decade 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 [...]
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 [...]
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 [...]
 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 [...]
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 [...]
 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 [...]
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 [...]
As a divorce attorney in Dallas, I have seen the impact that divorce can have on a family's college savings plan. In Texas, we follow the "community property" system, meaning that all assets acquired during the marriage belong equally to both spouses. This includes college savings plans, such as the Texas College Savings Plan, the Lonestar [...]
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 [...]
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 [...]
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 [...]
Dividing stock options and RSUs in a divorce can be a complex and sensitive matter. We understand that it can be overwhelming to navigate the legal and financial implications of dividing these assets, especially during an emotionally challenging time. At our firm, we are committed to providing you with the guidance and support you need to [...]
As a Dallas divorce attorney, I often get asked whether a person going through a divorce in Texas can legally break their lease. The answer is not always straightforward, as it depends on various factors and circumstances. In this post, I'll go over some of the key considerations and answer some common questions. Can a Judge [...]
In divorce cases where one spouse works for a large company, stock options and Restricted Stock Units (RSUs) are common assets that must be divided. However, separating these complex assets can be challenging as they are not the same and have different timing, value, and purpose. Stock options grant employees the right to purchase company stock [...]
Divorce and taxes are closely related as the timing and process of a divorce can have long-term tax implications on your finances. If you're going through a divorce, here are the tax impacts to be aware of: Timing and Filing: If the divorce is not finalized by December 31st, you and your spouse are still considered [...]
 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 especially useful in Texas, where they can provide peace of mind and help avoid the potential stress and financial burden of divorce proceedings. [...]
As a Dallas divorce and child custody attorney, I often get asked about Temporary Restraining Orders (TROs) and when they are appropriate in a custody case. What is a TRO? A TRO is a court order that can be used in emergency situations to protect a child from harm or the risk of harm. These situations [...]
A guardian ad litem, or GAL, is a professional appointed by a judge in some child custody cases to act as an advocate for the child. The GAL's role is to investigate the child's situation and make recommendations to the court about what is in the child's best interests. Education and Experience A GAL can hold [...]
What is a Child Custody Evaluation? A child custody evaluation is a process in which a judge orders a mental health professional to investigate specific issues in a case. The evaluator compiles a report on each parent's strengths and weaknesses, and may also provide recommendations to the court if the judge requested them. Reasons for Child [...]
One of the most challenging aspects of divorce is determining "who gets what" when it comes to dividing assets and property. In order to make this process as efficient and fair as possible, when necessary IÂ recommend that my clients consider working with a forensic accountant. What is Forensic Accounting? Forensic accounting is a specialized area [...]
As a Dallas-based divorce and child custody attorney, I understand that the process of ending a marriage can be overwhelming and emotional. One of the most important, yet often overlooked, aspects of divorce is the division of retirement benefits. Whether you're the employee or the non-employee spouse, it's crucial to understand the laws and processes involved [...]
What is Our Family Wizard? Our Family Wizard is a web-based tool designed to help divorced or separated parents communicate and manage co-parenting tasks more efficiently. It offers a variety of features, including a calendar to schedule visits and other important events, a messaging system for communication between parents, a financial tracking tool to manage expenses [...]
As a Texas divorce and child custody lawyer, I often come across clients who are concerned about the division of their retirement accounts during the divorce process. It is important to understand the difference between defined benefit plans and defined contribution plans, as they are treated differently under the law and can have a significant impact [...]
Annulment is a legal process that declares a marriage null and void, as if it never existed. In Texas, there are nine grounds for annulment outlined in the Texas Family Code. These grounds vary from underage marriage to mental incapacity and require specific circumstances to be met before an annulment can be granted. It's essential to [...]
When you're going through a divorce, you want to make sure that you're getting the best representation possible. While a flat fee attorney may seem like a good idea at first, it can actually end up costing you more in the long run. Lack of Attention and Experience Can Result in Inferior Representation The problem with [...]
As a Dallas divorce and child custody attorney at The Blacknall Firm, I often work with clients who are navigating the complexities of Texas divorce proceedings and child custody arrangements. In this blog post, I will provide an in-depth overview of joint managing conservators and how this legal term is used in Texas divorce cases. What [...]
 As a Texas divorce attorney, I often see cases where one party to a mediated settlement agreement tries to set it aside after it has been signed. In a recent appellate case, a wife appealed from a final divorce decree that incorporated the terms of the couple's mediated settlement agreement. She claimed that there was [...]
As a Texas divorce lawyer, I often get asked about the concept of reimbursement in a divorce. In this blog post, I will explain what reimbursement is, when it is applicable in a divorce, and how it is handled in the state of Texas. What is Reimbursement? Reimbursement is a legal concept that applies when one [...]
As the owner of The Blacknall Firm, a Dallas divorce attorney, I often get asked about the concept of separate property and how it is treated in a divorce. In this blog post, I will explain what separate property is, how it is distinguished from community property, and how it is treated in a divorce in [...]
 When going through a divorce in Texas, understanding how gifts and separate property are treated is crucial. In this article, we explore the intricacies of gifts and separate property in Texas divorce cases, providing you with the information you need to navigate this aspect of the process successfully. By gaining insight into the classification and [...]
Child support is a hot button topic that arises during divorces or separations involving children. While it may not be a perfect system, child support is a necessary part of life when people have children, whether they are married or never been married. It's crucial to remember that the child needs financial support from both parents. [...]
At The Blacknall Firm, we understand that temporary order hearings can be a confusing and overwhelming process for clients. As experienced family law attorneys in Texas, we have helped numerous clients navigate temporary order hearings and achieve the best possible outcomes. In this blog post, we will answer some of the most common questions that potential [...]
As a Texas divorce and child custody lawyer, I often work with clients who are navigating the complex process of determining custody arrangements for their children. In Texas, child custody is referred to as "conservatorship," and there are several different types of conservatorship that can be granted in a child custody case. In this blog post, [...]
Divorces are never easy, but there are two types of divorces: contested and uncontested. Understanding the differences between these two types of divorces can help you make the best decision for your situation. Contested Divorces A contested divorce is one in which the spouses cannot agree on one or more major issues such as child custody, [...]
Divorces are not always completely adversarial and antagonistic battles. In some cases, two people agree on many important and significant parts of the divorce, but may still have a few major issues outstanding. If this is the case, then the divorce mediation process may be an option for your particular circumstances. Understanding Divorce Mediation Divorce mediation [...]
As a parent or guardian involved in a custody case, you are likely to encounter the phrase "best interest of the child standard." It refers to the legal principle used to determine the outcome of custody disputes. Understanding this standard is crucial to any parent seeking custody or visitation rights. In this article, we will delve [...]
In 2021, the Texas Supreme Court implemented new rules for mandatory initial disclosures in family law cases. These disclosures are designed to provide the parties with basic information about each other's case, including: A list of all individuals with knowledge of the facts related to the case A description of any documents or electronic information relevant [...]
Divorce is never an easy decision, but sometimes it is necessary in order to move on with your life. In the state of Texas, there are two types of divorce: uncontested and contested. Understanding the difference between these two types of divorce can help you make informed decisions about your own situation. What is an Uncontested [...]
You and your spouse have spent years building a life together, but things are just not working out. Despite your best efforts, you’re drifting apart. Maybe there are other problems driving a wedge between the two of you. Whatever the case, divorce is now a certainty, and you’ve got a lot of questions. One that you’ll [...]
Going through a custody case in Texas can be a challenging and emotional experience for parents. It's essential to be prepared and informed about the factors that courts consider when making custody decisions. In this blog post, we'll discuss five things parents should consider when going through a custody case in Texas. The best interests of [...]
Divorce is a difficult and emotional process for anyone, and it can be especially complex in Texas. As a community property state, Texas has its own unique laws and regulations when it comes to divorce. Unfortunately, there are many myths and misconceptions about Texas divorces that can make the process even more confusing. Here are four [...]
 We understand that divorce is a challenging and emotionally trying time for any couple, and it can be overwhelming to navigate through the legalities of it all. At The Blacknall Firm, we aim to provide you with the necessary information to ease your concerns and provide guidance throughout the divorce process. In this comprehensive article, [...]
 Agreed divorce is a legal procedure where both spouses agree on the terms of the divorce, such as child custody, division of assets, and spousal support. It's a more amicable and faster way of getting a divorce compared to a contested divorce, which can take a long time and be more expensive. If you're considering [...]
At The Blacknall Firm, we understand that going through a divorce can be an extremely challenging and emotional time, especially when there are children involved. One of the most common questions we receive from clients is whether their child can choose which parent they want to live with. In this article, we will provide a comprehensive [...]
As an attorney at The Blacknall Firm, I often advise clients on the topic of alimony, or "spousal maintenance" as it is referred to in Texas. In this post, I will explain the qualifications for receiving maintenance in Texas, the factors that are considered when determining the amount and duration of support, and the limits that [...]
If you're a parent in Texas seeking to establish or modify a court order for visitation with your child, you may have many questions and concerns about the process. As a Texas family law attorney, I understand the importance of maintaining a strong relationship with your child and want to help you navigate the legal system [...]
Child custody arrangements can be one of the most contentious issues in divorce or suit affecting the parent child relationship proceedings. As a family law attorney in Dallas, I have seen firsthand the impact that a social study evaluation can have on the outcome of a case. In this blog post, I will explain the social [...]
As a Texas divorce and child custody lawyer, I have seen firsthand the devastating effects of parental alienation on children and their relationships with their parents. This phenomenon, which occurs when one parent attempts to alienate a child from the other parent, can have serious long-term consequences for the child's mental health and overall well-being. In [...]
