Posted on June 22, 2025 in Divorce

When a marriage is ending, being in the same home as your spouse can be very uncomfortable. For many people, the idea of moving out seems like a way to avoid conflict and get the ball rolling, especially if you share minor children. But in Texas divorce cases, moving out of the marital home before a final order is entered can come with legal and strategic consequences. Before you pack your bags, it is important to speak with a family lawyer who understands how the decision might affect your rights.

Attorney Bacalis is a Hurst, TX divorce attorney and Board Certified Family Law Specialist who has helped families throughout Tarrant County navigate complex divorce issues. Our firm offers free consultations so you can make smart, informed decisions at every step.

Can Moving Out Affect My Property Rights in Texas?

Texas is a community property state, which means that most assets and debts acquired during the marriage are considered jointly owned (Texas Family Code, Chapter 7). Simply moving out of the home does not automatically give up your rights to the property, but it can affect how the court views possession, financial contributions, and your access to information and documentation.

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 Posted on June 05, 2025 in Child Custody

As of June 2025, Texas family law still requires a parent to meet certain legal thresholds before the court will approve a change to a child custody order. Whether you want more parenting time, to change who your child lives with, or are hoping for improvements in the other parent's behavior, Texas law provides a path for modifying custody — but not just because you feel circumstances have changed. A Texas family law attorney can help you determine if your situation meets the legal requirements for a modification and any other child custody issues that come up.

When Can You Legally Ask the Court to Change a Custody Order in Texas?

Under the Texas Family Code Section 156.101, a parent can ask for a change to the existing custody arrangement if:

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 Posted on May 23, 2025 in Divorce

The divorce process does not look the same for every couple. Some agree on the main elements of divorce. Others may need mediation and court interference to get to a final settlement. For the most part, divorces in Texas are either contested or uncontested, and the differences between the two are significant. Consider the elements of both and talk to an experienced Hurst, TX divorce attorney to learn more about the potential proceedings for your divorce.

What Is an Uncontested Divorce?

An uncontested divorce is generally the more amicable avenue to divorce. Spouses agree on how to address all the major elements, including asset division, child custody, spousal support, and debt responsibility. When couples reach an agreement on these matters, they can formalize it in writing and submit it for approval from the court. Advantages of an uncontested divorce include:

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 Posted on May 07, 2025 in Divorce

Building a business with a spouse is a major achievement. If the marriage falls apart, what will happen to the company you poured so much effort into together? In Texas, divorces involving businesses are generally more complex. You have a few options for dividing the company, but first, you need to know the business valuation process, namely, the purpose and methods involved. A Tarrant County, TX business valuation attorney understands the legal process and will ensure that you have a fair share of the investment you made.

Is a Business Considered Community or Separate Property in Texas?

Under the Texas Family Code, property is either categorized as community or separate property during a divorce. Separate property is anything that either spouse owned before the marriage or received as an inheritance or a gift during the marriage. Community property is acquired by either spouse during the marriage and is divided equally in the event of divorce.

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 Posted on April 23, 2025 in Family Law

After a divorce, many people look forward to starting a new chapter in life — including the possibility of remarriage. But Texas law includes specific rules that can affect when and how you can legally remarry. Failing to follow these rules could result in delays, legal complications, or even an annulled marriage.

If you are planning to remarry after a divorce, working with an experienced Texas family law attorney can help you avoid missteps. At Daniel R. Bacalis, P.C., we guide clients through the remarriage process and ensure all requirements are met under the Texas Family Code.

Is There a Waiting Period to Remarry in Texas?

Yes. Under the Texas family code, there is a mandatory 30-day waiting period before you or your ex-spouse can remarry after a divorce. This period begins on the day the divorce decree is signed by the judge.

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 Posted on April 04, 2025 in Divorce

A contested divorce may involve litigation, which can be emotionally and financially damaging. Resolving divorce disputes outside the courtroom is often beneficial, and mediation can be an effective path to solutions. 

Divorce mediation is a non-adversarial, voluntary process in which a neutral third party helps the couple reach agreements on child custody, parenting time, child support, property division, etc. The goal is to reduce conflict, encourage communication, and allow the parties to create a fair divorce settlement without going to trial. 

During your mediation process, a qualified Texas divorce attorney can offer legal guidance to ensure that you understand your rights and how to safeguard your interests. He can also determine whether litigation or other options are necessary when out-of-court agreements cannot be reached or where mediation may not be an option. 

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 Posted on March 24, 2025 in Asset Division

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 Child Support

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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