Posted on July 25, 2023 in Divorce

When a person chooses to end their marriage and get a divorce, they will need to determine whether to pursue a contested or uncontested divorce. It is essential to understand the differences between the two. Depending on the approach taken during the divorce process, the outstanding issues in a case may be addressed in different ways. Those who are planning to get a divorce can ensure that they are prepared to handle their legal concerns by working with a skilled and experienced family law attorney.

Uncontested Divorce

In an uncontested divorce, both parties will agree on all issues that need to be addressed in order to dissolve their marriage legally. These issues may include, but are not necessarily limited to, child custody, property division, and spousal support. The parties will need to reach agreements on how all outstanding issues will be resolved, and their decisions will be set down in a divorce settlement agreement. This settlement will then be filed in court, and once a judge signs off on it, the couple's marriage will be terminated.

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 Posted on July 18, 2023 in Divorce

After a divorce, a parent may believe that it is necessary for them to relocate to a different city, county, region, or state. A parent may choose to move for various reasons, such as to pursue job opportunities, to receive family support from loved ones in different areas, or simply to receive a fresh start after the end of their marriage. If you are a parent in Texas who wants to move with your child after getting divorced, it is essential to understand the legal requirements you will need to meet and the potential challenges that you may need to address.

Relocation by a Parent With the Exclusive Right to Determine Children’s Primary Residence

When child custody orders are created in Texas, one parent will usually be granted the exclusive right to determine where their children will have their primary residence. In cases involving sole legal custody (which is known as conservatorship in Texas), the parent with this exclusive right will usually be able to relocate with no restrictions. However, in cases where parents will share joint managing conservatorship, certain restrictions will apply to the locations that a parent will be able to relocate to. In many cases, these geographic restrictions will limit a parent to living in the county where they resided at the time of their divorce or other neighboring counties. If necessary, the court may choose to put other types of restrictions in place based on the unique circumstances of the case.

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 Posted on June 21, 2023 in Divorce

No one should ever have to face domestic violence. There is never an excuse for assaulting one’s spouse. If you have experienced domestic violence in your marriage, divorce may be your best option. Violently abusive spouses rarely stop their behavior on their own. You will most likely need to exit the relationship in order to be safe from further violence. When you are divorcing an abusive spouse, there are some special considerations. Taking care of your emotional and physical needs is very important during this time. Meeting your legal needs and protecting your rights will likely take the skill of an attorney. Daniel R. Bacalis, P.C. is experienced in helping domestic violence survivors get divorced and takes special care to see that survivors are treated fairly throughout the process. 

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 Posted on June 09, 2023 in Divorce

Regardless of a family's circumstances, divorce can be a challenging and emotionally taxing experience for all parties involved. A high net worth divorce, however, brings an additional layer of complexity. Multiple financial issues may need to be addressed, and there are a variety of other concerns that are unique to couples who earn high levels of income or own complex assets. Many of these issues may involve strong emotions, and they can trigger contentious legal battles as spouses seek to protect their financial interests and address other divorce-related concerns. With the help of an experienced attorney, spouses who earn high incomes or own valuable assets can make sure they take the correct approach during the divorce process.

Unique Factors in High Asset Divorce Cases

During a high net worth divorce, couples may need to address issues such as:

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 Posted on May 24, 2023 in Child custody

Parental rights are a fundamental aspect of family law. A person who is legally recognized as a child's parent will have the right to have an ongoing relationship with the child, and they will also have the obligation to provide support and ensure that the child's needs are being met. However, in certain circumstances, parental rights can be terminated. This will usually be an issue that will be addressed in adoption cases, since before a child can be adopted by another party, the parental rights of one or both of their biological parents must be terminated.

The termination of parental rights may also be an issue in cases involving Child Protective Services (CPS). If CPS decides to remove a child from a parent's custody because of issues such as domestic violence or substance abuse, it may take action to terminate a parent's rights, place the child in foster care, and arrange for the adoption of a child by foster parents or other parties. Because issues related to the termination of parental rights can be complex, it is important for parents and other involved parties to understand when a parent's rights can be terminated and the procedures that will be followed in these cases.

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 Posted on May 10, 2023 in Divorce

Divorce can be a daunting process, since there are numerous legal and financial concerns that a couple will need to address before they can end their marriage. In some cases, one spouse may believe that they are at a financial disadvantage because they rely on the other spouse to earn the majority of the family's income or because there are factors that prevent them from maintaining employment and fully supporting themselves. Depending on the situation, spousal support may be appropriate. This form of support will require one spouse to make ongoing payments to the other to ensure that they will be able to meet their ongoing needs. By understanding the factors that may be considered by a family court judge when addressing issues related to spousal support, divorcing spouses can advocate for solutions that will protect their financial interests.

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 Posted on April 25, 2023 in Divorce

Parents who decide to get a divorce will need to address a variety of issues related to their children, and these concerns can also affect unmarried parents who break up or are not in a relationship with each other. In addition to child custody, which will determine how parents will make decisions about how their children will be raised and when children will live with each parent, child support will be another important factor to address. Child support orders will ensure that both parents are contributing financially to their children's needs. In most cases, the "obligor," or the parent who pays child support, will be the non-custodial parent, and they will make ongoing payments to the "obligee." To ensure that issues related to child support will be handled correctly, it is crucial to understand how the amount of child support payments will be calculated according to Texas law.

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 Posted on April 14, 2023 in Divorce

Divorce can be an overwhelming experience for anyone, but it can be even more complicated for business owners. A family business may have taken years to build and develop, and a person who has put so much time and energy into their business efforts will most likely want to avoid any issues that could affect their ownership of the company. At the same time, a business is likely to be a valuable asset, and both spouses will want to make sure it is considered properly during the property division process.

To ensure that all marital assets can be divided correctly, it will usually be necessary to perform a business valuation. By taking steps to determine the market value of the business, spouses can place a monetary figure on business assets, giving them a better understanding of the total value of their marital estate. They can also determine whether there are any liabilities that will affect either party and whether a probable increase in value of the business in the future will benefit the person who will own the business. Ultimately, the information gained in a business valuation will inform the final decisions made about the division of all marital property.

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 Posted on March 17, 2023 in Child custody

During a divorce in which a couple has children, the court will decide on an amount of child support that one parent will pay to the other. This amount is meant to ensure that both parents are contributing to the children's needs, and it is based on the income earned by the parent paying support, as well as other factors. Courts make determinations based on what is in the best interests of the child, although a judge will also consider the parents' circumstances, as well as issues like the costs of transporting children between the parents' homes and expenses related to child care while a parent is working.

While child support orders are meant to stay in place until children reach adulthood, life does not always stay static, and it is possible that the circumstances of one or both parents may change significantly after the initial ruling. Because of this, parents may wonder if they can modify child support payments after their divorce has been finalized. Fortunately, the laws in Texas provide for the ability to modify child support payments if certain conditions are met.

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 Posted on March 10, 2023 in Child custody

Addressing issues related to child custody is often one of the most difficult aspects of a divorce. Parents whose relationship has broken down are likely to disagree about various child-related issues, and reaching agreements on matters such as who will be responsible for making decisions for children and where children will live may not be easy. One issue that may need to be addressed in a child custody case is the right of first refusal. This may ensure that both parents will be able to spend sufficient time with children, but the parents may disagree about the terms that should be included in their child custody order. By understanding the options in these situations and the laws that may apply, parents can determine how to address the right of first refusal during divorce negotiations.

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