817-498-4105
Office location in Hurst
- Home
- Our Firm
- Divorce
- How to Prepare for Divorce
- What to Expect in Divorce Court
- Contested Divorce
- Uncontested Divorce
- Complex Divorce
- Divorce Mediation
- Marital Property Division
- Military Divorce
- Alimony / Spousal Maintenance
- Domestic Violence / Orders of Protection
- Post Judgment Enforcement and Modifications
- Divorce FAQ
- Pre- & Post-Marital Agreements
- Family Law
- Estate Planning
- Scholarship
- Testimonials
- Blog
- Contact
Recent Blog Posts
Is Conservatorship the Same as Custody in Texas?
Residents of Texas may be aware that child custody is sometimes called "conservatorship." Other states often use this term to describe an incapacitated adult who requires another adult to make decisions on his or her behalf in the same way as a guardian but with fewer legal rights and responsibilities. In Texas, however, the term conservatorship is used interchangeably with custody to describe the rights and responsibilities of parents.
There are three different types of conservatorships that a judge can give to parents during a divorce. If you are currently in the middle of a custody issue or will be facing this issue soon, having an experienced Hurst, TX family law attorney by your side can help make a difference in the outcome.
The Three Types of Conservatorships in Texas
During the custody phase of a divorce, a judge may grant conservatorship to one or both parents in one of the following ways:
Penalties for Marital Misconduct in Texas
Texas recognizes "no-fault" divorce, which means that spouses looking to end their marriage do not have to cite any reason for blame beyond irreconcilable differences. However, Texas also recognizes fault-based divorce. In cases of fault-based divorce, one spouse may cite the other spouse’s misconduct for the collapse of the marriage, which can have real implications when the divorce goes to trial or negotiations.
Whether you want to prove marital misconduct in a divorce or defend against allegations of misconduct, a Hurst, TX family law attorney can be of invaluable assistance. Daniel R. Bacalis, P.C. has over 40 years of experience in family law and is widely recognized as a leader in the field. When you work with our firm, you will receive representation and counsel from a level-headed professional who will pursue a fair settlement for you.
Asset Division
When a divorce goes to trial in Texas, the judge will divide up your marital assets according to what is "just and right" per state law. Under that principle, a judge may consider the following factors when splitting up marital property between you and your spouse:
When Will a Judge Grant a Post-Judgment Modification in Texas?
The intention of divorce court is to work out a solution so both spouses can move on and start their separate lives. However, even after the court makes a judgment, there may still be work to be done. In some cases, a spouse may find that an existing arrangement for custody, child support, or alimony cannot be sustained, often due to a change in circumstances.
A Texas family law attorney can provide you with counsel and assistance, representing your interests throughout the challenges of divorce court. Attorney Daniel Bacalis has almost 40 years of experience practicing family law and has personally handled cases across the state of Texas.
Changes to Spousal Maintenance and Child Support
After a divorce, one spouse may be ordered to pay alimony – called spousal maintenance in Texas – depending on the economic situation between the couple. Alimony is not a guarantee, and a judge’s decision will take factors like the duration of the marriage and each spouse’s respective income into consideration. For example, a stay-at-home spouse is more likely to be awarded spousal maintenance to supplement his or her income while looking for work.
Can Cruel Treatment in a Texas Marriage Affect a Divorce?
Although every state now offers no-fault divorce, some—including Texas—still allow fault-based divorce as an option. A no-fault divorce tends to be easier, more cost-effective, and generally provides less drama because one spouse does not have to prove the grounds for the divorce.
Even so, Texas law recognizes "cruel treatment" as grounds for divorce, and there are certain instances where it can be advantageous for a spouse to file under fault-based grounds. If you are considering filing a fault-based divorce using cruel treatment as grounds, it can be beneficial to speak to a knowledgeable Hurst, TX divorce lawyer from Daniel R. Bacalis, P.C..
How Claiming Cruel Treatment Can Be a Strategic Move
Although cruel treatment is recognized as grounds for divorce in Texas, there is not a specific definition of the term. Behaviors that would make living together difficult or unbearable are usually under the umbrella of cruel treatment and can include physical violence, extreme emotional abuse, chronic humiliation, and threats of violence.
How 2023 Changes to Texas Family Law Could Impact Your Divorce
Texas legislators focused heavily on family law matters in 2023, enacting 37 changes to the Texas Family Code. While some statutes were amended, some were added, affecting a wide range of divorce and family law issues. To ensure you fully understand the changes if you are going through a divorce or other family law matter, speaking to a knowledgeable family law attorney can be extremely beneficial.
When you choose an experienced Hurst, TX family law attorney, you will have a strong advocate in your corner to help you through a difficult divorce, child custody case, or other family law issue. Some of the most significant changes made to the Texas Family Code are detailed below.
Changes in Child Support Laws
In the past, if a parent owing back child support received an inheritance, he or she could transfer the money to a friend or relative to avoid having to use it to pay child support arrears. Today, an inheritance must be used to pay child support arrears before it can be spent on anything else. The legislature also expanded the authority of the court to order a parent who is unemployed – and is obligated to pay child support – to obtain employment.
Can I Date Before My Divorce Is Final?
Perhaps your divorce has been dragging on for months – or even years. You may have met someone that you really like and, under any other circumstances, would like to date and see where the relationship goes. While this is perfectly normal, dating during your divorce can have all sorts of unintended consequences. Dating while your divorce is in the works is not illegal in any way, and Texas divorce law is strictly no-fault as far as divorces go.
This means that even if you are dating another person during your divorce, your spouse cannot change to a fault-based divorce and accuse you of adultery or infidelity. No-fault divorce simply says the couple has irreconcilable differences that cannot be overcome. Even so, it is always a good idea to consult with your Hurst, TX divorce attorney from Daniel R. Bacalis, P.C. before you commit to a new relationship before your divorce is final. Some of the complications you could face are listed below.
Can an App Help Texas Co-Parents Navigate a Parenting Plan?
Parents — especially those whose divorce was not particularly friendly — may find themselves navigating one landmine after another as they attempt to co-parent their children. First, custody and visitation must be determined, and then years are spent learning how to do what is best for the children while keeping one's own stability intact.
Technology has provided some beneficial ways to make co-parenting and following a parenting plan much easier, with less stress and fewer arguments. Speaking to a highly skilled Hurst, TX family lawyer from Daniel R. Bacalis, P.C. is also important, as there are many parenting resources you, your ex, and your child can benefit from.
What are the Five Most Popular Apps for Divorced Parents?
Co-parenting is challenging, no doubt about it. There can be scheduling issues, miscommunications, and consistently working together with your ex for the good of your child. Below, the most popular apps for divorced parents who are doing their best to work together are listed:
How Do I Handle Post-Divorce Holiday Depression?
Fall is just around the corner, which means the holidays are closer than many of us might wish. While many marriages end, this was your marriage, and depression during the holidays is very real. The connection between spouses – particularly those with children together – does not always end when the divorce papers are signed. A judge’s orders dividing assets or custody decisions are temporary but can have long-term effects. Even so, you have many years ahead filled with graduations, birthdays, marriages, and the ordinary rituals of the holidays.
Whether you have children or not, chances are you will find yourself alone on a holiday at some point. Your ex may have already moved on with another person, which can add insult to injury. There are things you can do to help yourself through these difficult times. You may also want to speak to your Hurst, TX divorce attorney from Daniel R. Bacalis, P.C., who can help you see that this period of your life is temporary and that your future holds promise.
Do I Have to Share with My Spouse if I Win the TX Lottery?
Perhaps you and your Texas spouse have begun the process of divorce. Texas is a community property state, yet you may already feel as though you are not getting your fair share in the asset division portion of your divorce. One day, you stop by a convenience store on your way home and purchase a lottery ticket before heading home to your apartment.
Imagine your delight when you read the numbers the next morning and realize you have won! On the heels of the excitement comes the distressing realization that you may have to share your winnings with your soon-to-be ex-spouse.
Wait – what? You have not lived with one another for months, and those months have been filled with constant arguments about asset division, child custody, spousal support, and child support, and now you have to share your winnings? Before you do anything, it is extremely important that you speak to an experienced Hurst, TX asset division attorney.
Why Would a Divorce Include a Confidentiality Agreement?
Most of us have heard of non-disclosure or confidentiality agreements, but generally in the context of business. Fewer have heard of a confidentiality agreement during a divorce. The assumption might be that an NDA would only be applicable for an extremely high-profile divorce – say that of a celebrity or politician. In truth, virtually any high-conflict divorce might benefit from a confidentiality agreement.
When you consider the reach of social media and the overabundance of cell phones, a confidentiality agreement begins to make more sense. While embarrassment and humiliation may be the goal, embarrassment regarding posts from a bitter ex on YouTube, TikTok, Instagram, and other platforms may be the least of your worries. These public postings can also have a significant impact on your career and your professional prospects, and if you are a business owner, your brand can suffer.
Public information about your divorce splashed across the Internet can also damage future relationships and cause pain for your children and other family members. If you think a confidentiality agreement might be beneficial in your situation, speak to a knowledgeable Hurst, TX high-conflict divorce attorney from Daniel R. Bacalis, P.C..
Connect With Us
Please fill out the form below or call our office at 817-498-4105 to schedule a complimentary consultation.
