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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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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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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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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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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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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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 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Understanding Stock Division in Texas Divorces

By |2023-05-11T01:37:55+00:00February 5th, 2023|Categories: Divorce, Divorce Property Division|

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 [...]

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Breaking a Lease During a Divorce in Texas

By |2023-03-11T21:07:21+00:00February 4th, 2023|Categories: Divorce, Divorce Property Division|

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 [...]

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What Happens To Debt In A Texas Divorce?

By |2024-01-23T01:35:09+00:00February 2nd, 2023|Categories: Divorce, Divorce Property Division|

When a couple in Texas decides to divorce, they face several challenges, including dividing their assets and debts. The process of dividing debts in a Texas divorce is not straightforward and requires a clear understanding of the state’s laws. Texas is a community property state, meaning most property and debts acquired during the marriage are considered [...]

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The Importance of Accurate Property Valuation in Texas Divorce Proceedings

By |2024-01-23T15:08:31+00:00February 2nd, 2023|Categories: Divorce, Divorce Property Division|

When undergoing a divorce, one of the most critical aspects to consider is the accurate valuation of property and assets. This article aims to shed light on the nuances of property valuation in divorce proceedings under Texas law, highlighting its significance in ensuring a fair and equitable division of assets. Community Property in Texas Texas law's [...]

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How Are Assets Acquired During Texas Divorce Proceedings Divided?

By |2024-01-23T16:14:51+00:00February 2nd, 2023|Categories: Divorce, Divorce Property Division|

In Texas, the division of assets during divorce proceedings adheres to a distinctive legal doctrine. Unlike the equitable distribution model prevalent in many states, Texas law mandates a "just and right" division of marital assets. This article provides an in-depth exploration of how this principle is applied, particularly to assets acquired between the initiation and finalization [...]

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Understanding Marital Debts and Business Ownership in Texas Divorces

By |2023-10-11T21:56:05+00:00February 2nd, 2023|Categories: Divorce, Divorce Property Division|

In the midst of a divorce, financial responsibilities often become a focal point of contention. As a seasoned family lawyer in Dallas, I've encountered numerous inquiries from couples navigating the complexities of divorce in Texas, especially concerning financial obligations. One frequently posed question revolves around the responsibility of one spouse for the debt of a business [...]

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Community vs. Separate Property: Dividing a Business in a Divorce

By |2023-10-11T21:17:31+00:00January 31st, 2023|Categories: Divorce, Divorce Property Division|

When navigating a divorce, understanding the distinction between community and separate property is crucial, especially if a business is involved. This article delves into the nuances of these classifications and their implications for business division during a divorce. 1. Defining Community and Separate Property Community Property: Typically, assets acquired during the marriage are considered community property. [...]

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How to divide stock options and RSUs in a divorce?

By |2023-07-21T16:51:30+00:00January 31st, 2023|Categories: Divorce, Divorce Property Division|

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 [...]

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Making an Informed Decision in a Texas Divorce

By |2023-07-20T21:43:55+00:00January 31st, 2023|Categories: Divorce, Pre-Divorce Advice|

As a divorce attorney in Dallas, I see firsthand the difficulties that come with ending a marriage. It's essential to take the time to reflect on the decision to divorce and consider its impact on you and your loved ones. Here are some essential factors to consider before filing for divorce. Evaluate Your Reasons for Divorce [...]

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Divorce and Taxes: Navigating the Implications

By |2023-12-14T17:13:36+00:00January 31st, 2023|Categories: Divorce, Divorce Property Division|

Divorce is a significant life event that not only affects personal relationships but also has profound implications on financial matters, particularly taxes. In Texas, understanding the tax consequences associated with divorce is crucial for making informed decisions. This article aims to provide practical advice for those going through or considering a divorce in the Lone Star [...]

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Understanding International Jurisdiction in Texas Child Custody Cases

By |2023-07-26T14:12:50+00:00January 30th, 2023|Categories: Child Custody, Divorce|

Navigating the complexities of child custody cases can be challenging, especially when these cases cross international borders. As experienced divorce attorneys based in Dallas, we at The Blacknall Firm are well-versed in these matters and are here to guide you through the intricacies of subject-matter jurisdiction in Texas child custody cases. The Importance of Subject-Matter Jurisdiction [...]

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Understanding Postnuptial Agreements in Texas

By |2023-06-13T16:29:14+00:00January 30th, 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 especially useful in Texas, where they can provide peace of mind and help avoid the potential stress and financial burden of divorce proceedings. [...]

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What is a Temporary Restraining Order in a Child Custody Case in Texas?

By |2023-03-14T13:23:13+00:00January 20th, 2023|Categories: Child Custody, Divorce|

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 [...]

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What is a guardian ad litem in a child custody case

By |2023-06-30T00:19:40+00:00January 19th, 2023|Categories: Child Custody, Divorce|

In some child custody cases, a judge appoints a guardian ad litem, or GAL. This professional advocates for the child. Their main role involves investigating the child's situation and recommending to the court what would best serve the child's interests, as outlined in the Texas Family Code regarding GAL appointments. Education and Experience A GAL may [...]

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Texas Child Custody Evaluations: What Parents Should Know

By |2023-09-25T21:05:41+00:00January 19th, 2023|Categories: Child Custody, Divorce|

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 [...]

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Navigating the Complexities of Property Division: How Forensic Accountants Can Help in Your Divorce

By |2023-03-14T14:40:20+00:00January 14th, 2023|Categories: Divorce, Divorce Property Division|

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 I  recommend that my clients consider working with a forensic accountant. What is Forensic Accounting? Forensic accounting is a specialized area [...]

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Navigating the Division of Retirement Benefits

By |2023-10-24T15:09:36+00:00January 10th, 2023|Categories: Divorce, Divorce Property Division|

Divorce is a challenging journey, filled with emotional and legal complexities. Among these complexities, the division of retirement benefits stands out as a crucial yet often overlooked aspect. If you're navigating this path, understanding the intricacies of retirement benefits can make a significant difference. ERISA: The Protector of Your Retirement Benefits The Employee Retirement Income Security [...]

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Simplify Co-Parenting with Our Family Wizard: A Review of Features and Benefits

By |2023-03-03T21:07:52+00:00December 29th, 2022|Categories: Child Custody, Divorce|

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 [...]

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Defined Benefit Plans vs. Defined Contribution Plans: Understanding the Differences

By |2023-03-04T00:32:59+00:00December 27th, 2022|Categories: Divorce, Divorce Property Division|

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 [...]

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8 Grounds for Annulment in Texas: Are You Eligible for a Marriage Do-Over?

By |2023-09-11T15:07:11+00:00December 23rd, 2022|Categories: Divorce|

Annulment is a legal process that declares a marriage null and void, as if it never existed. In Texas, there are specific grounds for annulment outlined in the Texas Family Code. These grounds range from underage marriage to mental incapacity. Understanding these grounds and the specific time frame for filing a petition for annulment is crucial. [...]

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The Hidden Pitfalls of Choosing Flat Fee Divorce Attorneys

By |2023-11-08T17:03:08+00:00December 12th, 2022|Categories: Divorce|

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 [...]

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Joint Managing Conservators in Texas Divorce: What You Need to Know

By |2023-03-04T13:37:19+00:00December 12th, 2022|Categories: Child Custody, Divorce|

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 [...]

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When can a mediated settlement agreement be set aside

By |2023-05-02T17:21:04+00:00December 10th, 2022|Categories: Divorce, Divorce Property Division|

  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 [...]

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Seeking Reimbursement in a Texas Divorce: What You Need to Know

By |2023-03-04T13:57:04+00:00December 10th, 2022|Categories: Divorce, Divorce Property Division|

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 [...]

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Understanding Separate Property in a Texas Divorce

By |2023-03-04T14:00:38+00:00December 10th, 2022|Categories: Divorce, Divorce Property Division|

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 [...]

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Gifts and Separate Property in Texas Divorce: What You Need to Know

By |2023-05-13T14:56:37+00:00December 10th, 2022|Categories: Divorce, Divorce Property Division|

  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 [...]

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Understanding Child Support Laws in Texas: A Guide for Non-Custodial Parents

By |2023-03-04T14:37:55+00:00December 10th, 2022|Categories: Child Custody, Child Support, Divorce|

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. [...]

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What is a temporary order hearing in a Texas divorce?

By |2023-10-17T12:56:44+00:00December 10th, 2022|Categories: Child Custody, Divorce|

At The Blacknall Firm, we understand that "Temporary Order Hearings in Texas Divorce" can be a confusing and overwhelming process for clients. As experienced family law attorneys in Texas, we have helped numerous clients navigate these hearings and achieve the best possible outcomes. In this blog post, we will answer some of the most common questions [...]

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What are the different types of custody in Texas?

By |2023-07-13T18:40:45+00:00July 25th, 2020|Categories: Child Custody, Divorce|

  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, also referred to as "conservatorship," comes in several different forms. This article will explore the different types of child custody in Texas and provide an [...]

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Contested vs. Uncontested Divorces

By |2023-11-29T19:27:19+00:00July 24th, 2020|Categories: Divorce|

Divorce is a challenging and often painful process, but sometimes it’s a necessary step towards a better future. In Texas, there are two primary types of divorce: uncontested and contested. Understanding these differences can help you make informed decisions about your own situation. What is an Uncontested Divorce? An uncontested divorce, also known as an agreed [...]

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Divorce Mediation Process in Texas

By |2023-10-17T12:59:35+00:00July 17th, 2020|Categories: Divorce|

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 [...]

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Understanding The “Best Interest of the Child” Standard

By |2023-10-26T14:45:36+00:00July 9th, 2020|Categories: Child Custody, Divorce|

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 [...]

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The Family Court Discovery Process in Texas: New Rules for Mandatory Initial Disclosures

By |2023-10-13T17:42:10+00:00May 15th, 2020|Categories: Child Custody, Divorce|

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 [...]

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Uncontested vs. Contested Divorce: Understanding the Key Differences

By |2023-11-06T14:20:24+00:00January 24th, 2020|Categories: Divorce|

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 [...]

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How Is Property Divided in a Texas Divorce?

By |2023-11-06T14:48:23+00:00January 10th, 2020|Categories: Divorce, Divorce Property Division|

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 [...]

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5 Considerations with Child Custody in a Texas Divorce

By |2023-08-22T19:50:23+00:00December 27th, 2019|Categories: Divorce|

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 [...]

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4 Things You May Not Know about Divorce in Texas

By |2023-08-11T00:58:48+00:00December 20th, 2019|Categories: Divorce|

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 [...]

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Texas Divorce FAQs: What All Divorcing Couples Should Know

By |2023-04-19T14:24:28+00:00October 11th, 2019|Categories: Divorce|

  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, [...]

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What Is an Agreed Divorce and Is It Right for Your Situation?

By |2023-04-19T14:55:01+00:00October 4th, 2019|Categories: Divorce|

  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 [...]

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Can My Child Choose the Parent She Wants to Live with in a Divorce?

By |2023-04-19T15:29:34+00:00September 27th, 2019|Categories: Child Custody, Divorce|

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 [...]

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What You Need to Know about Spousal Support in Texas

By |2023-02-05T16:04:04+00:00September 20th, 2019|Categories: Divorce, Divorce Property Division|

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 [...]

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How Do I Get Visitation Rights to My Child in Texas?

By |2023-09-30T16:06:14+00:00September 13th, 2019|Categories: Child Custody, Divorce|

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 [...]

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What You Need to Know about Co-Parenting with an Unreasonable Ex

By |2023-09-25T20:46:21+00:00June 8th, 2019|Categories: Child Custody, Divorce|

Co-parenting can be a challenging endeavor, especially when dealing with an ex-partner who may not always be reasonable or cooperative. Whether you've been through a divorce or have never been married, the primary goal remains the same: to provide a stable and loving environment for your child. Achieving this can be difficult when communication with your [...]

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What You Need to Do to Prepare for a Social Study Evaluation (Custody Evaluation)

By |2023-10-15T14:11:36+00:00June 8th, 2019|Categories: Child Custody, Divorce|

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 [...]

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Parental Alienation: Understanding and Overcoming a Devastating Phenomenon

By |2023-08-03T17:24:55+00:00June 8th, 2019|Categories: Child Custody, Divorce|

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 [...]

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