Posted on March 24, 2025 in Divorce

Divorce can be difficult for virtually every couple, even those who are both in agreement regarding the divorce. Many divorcing couples must come to grips with the fact that they are now locked in battle with the person they planned on spending the rest of their lives with. While some spouses feel deep sadness for the end of their marriage, others are mostly angry, and still others are just relieved that it will soon be over.

Texas – along with eight other states - follows community property laws as far as the division of marital assets. This means that marital assets are divided equally, right down the middle, usually without exception. However, if one spouse has engaged in the dissipation of assets, that exception to the division of marital assets may apply. If you are facing divorce, speaking to a knowledgeable Hurst, TX family law attorney can be extremely beneficial.  

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 Posted on March 10, 2025 in Family Law

Texas is one of eight states that still allow common-law marriage. Even though common-law marriage has been a tenet of Texas for many decades, there are still myths that circulate regarding common-law marriage that are simply not true. A domestic partnership has some of the same myths.

If you and your spouse have entered into a common-law marriage or a domestic partnership and now want to end the relationship, you may wonder whether there is a legal procedure – like divorce - to do so. It can be extremely helpful to speak to a knowledgeable Hurst, TX divorce lawyer who can guide you through the process in the best way possible.

What Are the Differences Between a Common-Law Marriage and a Domestic Partnership?

A common-law marriage is an arrangement where two people live together as husband and wife without the outward trappings of a formal marriage. Couples who live under a common-law marriage usually have more rights and benefits than those in a domestic partnership. For a Texas common-law marriage to be valid, a couple must:

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 Posted on February 21, 2025 in Family Law

If you are a parent currently paying child support, you may wonder whether the amount you pay will change because you and your new spouse are expecting a child. The answer to that question is more complex than you might imagine. While lowering child support payments could be possible, it is not automatic, and you might or might not be successful in having your payments lowered.

It is important to know how child support works in Texas so you have a comprehensive understanding of whether your child support payments can be adjusted because you have a new baby. Speaking to an experienced Hurst, TX, family law attorney can be extremely beneficial as you navigate child support issues.  

How Is Child Support Calculated in Texas?

The state of Texas uses a fairly simple formula when calculating child support based on the paying parent's income and the number of children to be supported. The more children, the higher the percentage of the paying parent’s income goes toward child support. The resulting amount is meant to pay for the child’s basic needs.

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 Posted on February 10, 2025 in Divorce

If you expect your divorce to be full of conflict, your choice of divorce attorney really matters. While all divorces can be stressful and emotional, a high-conflict divorce is so contentious that some spouses simply walk away from negotiations, leaving everything they are entitled to behind. Unfortunately, this tactic can have some seriously negative financial results for many years to come.

A much better solution is to make sure the divorce attorney you hire is well-versed in high-conflict divorces and let him or her handle as much of the adversity as possible. A high-conflict divorce usually has intense animosity and a seemingly never-ending cycle of disagreements. Every single decision turns into a battle, from the division of marital assets to child custody arrangements. A high-conflict divorce can drag on for years, draining you financially and emotionally.

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 Posted on January 22, 2025 in Family Law

There are situations in which an individual has been married for many years and perhaps even acted as a parent to his or her spouse’s child for many years. When a divorce occurs, the stepparent may assume he or she will be able to obtain visitation rights in the same way as any parent. Unfortunately, if the stepparent did not legally adopt the child, there are no automatic visitation rights, but the stepparent can petition the court to receive visitation.

As with every decision made by the courts on behalf of a child, the decision will be based on the best interests of the child. In the state of Texas, there are other requirements that must be met for a stepparent to ask for visitation rights. If you are a stepparent who would like to continue to see your stepchild following your divorce, it is important that you speak to an experienced Galveston, TX family law attorney.

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 Posted on January 09, 2025 in Child custody

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:

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 Posted on December 24, 2024 in Divorce

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:

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 Posted on December 09, 2024 in Divorce

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. 

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 Posted on November 22, 2024 in 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.

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 Posted on November 07, 2024 in 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.

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