Posted on June 24, 2024 in Divorce

For some people, filing for divorce is the hardest part of the process. This is not only because taking the first step is the most challenging. It is also especially difficult for spouses who have been abused. For them, the thought of their partners finding out that they have hired a divorce attorney can trigger a fear of retribution.

It is common for a spouse who is thinking about divorce to want to speak to an Illinois divorce lawyer without the other spouse knowing about it. But is the lawyer required to notify the other spouse?

Duty of Confidentiality

Attorneys are bound by a duty of confidentiality, or what is otherwise known as attorney-client privilege. This means that what is said between you and your attorney stays between you and your attorney. It is one of the most protected types of communication in the country. A lawyer who violates that confidentiality — or “breaks privilege” — will face professional discipline. This can include being disbarred, which means losing his or her license to practice law.

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 Posted on June 07, 2024 in Divorce

There are many reasons why a couple may not want to wait to get divorced. A spouse may be waiting to get married, for example, which cannot legally be done while still married to someone else. Some couples may be tired of the relationship, which they feel ran its course long ago. Other spouses may be angry and eager to be separated from each other.

However, quick divorces in Texas are not that common. As a qualified Texas divorce attorney will tell you, there is a mandatory waiting period before a divorce in Texas can be finalized.

What Is the Waiting Period for Divorce in Texas?

Texas law prescribes a 60-day waiting period before a judge can issue a divorce judgment. This applies even if the divorce is uncontested, which means that the spouses agree on everything. The 60 days begin the day after you file the Original Petition for Divorce.

There are exceptions to the 60-day waiting period, however, which involve family violence. If one of the spouses has a record of violent abuse or if one of the spouses has a restraining order against the other spouse for abuse, then the 60-day rule can be waived.

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 Posted on May 28, 2024 in Divorce

The longer a couple is married, the more assets they accumulate. Under Texas law, any asset that is acquired during the marriage by either spouse is called marital property and usually belongs to both parties. If the marriage ends, then those assets are divided between the spouses. Asset division is a complex process that should be done with the help of an experienced divorce lawyer.

However, some assets are often overlooked, which can negatively affect both spouses. If certain things are not included in the asset division process, then that means one of the spouses is not receiving his or her fair share. It also means that there can be legal repercussions for the spouse who failed to include the marital assets in the financial disclosure.

What Is a Financial Disclosure?

A financial disclosure is a document each spouse must submit to the court before the marital property is divided in a divorce. It includes each spouse’s:

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 Posted on May 09, 2024 in Divorce

Texas is a no-fault divorce state. This means that a couple who wants to get divorced does not need to provide grounds for why the spouses want to end the marriage.

That does not mean, however, that a party cannot be blamed for the divorce. If a spouse can prove in court that the marriage broke down because of the other spouse’s marital misconduct, or actionable misbehavior, it can affect how the judge rules on certain issues such as:

• Alimony

• Child support

• Division of assets

If you feel your spouse is guilty of marital misconduct, contact a qualified Texas divorce attorney who can assess if and how this can be used to your advantage in court.

What Is Marital Misconduct?

Marital misconduct means that a spouse behaves in a way that endangers the marriage and/or the spouse. It is behavior that is contrary to the basic obligations and expectations in a marriage.

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 Posted on April 19, 2024 in Family Law

If someone wants to adopt a child but is challenged by either of the child’s parents, it is called a “contested adoption.” Contested adoptions can be difficult to fight in court. This is because, in addition to filing for adoption, you also need to convince a court to terminate the parental rights of the child’s parent.

Adoption is often contested when:

• The birth mother puts the child up for adoption without the father’s consent.

• The father only finds out about the child when he or she is put up for adoption.

• The parent putting the child up for adoption changes his or her mind.

• A parent is an unfit parent but still loves the child and wants to care for the child.

• The child is being used as a tool of control over the child’s other parent.

If you are facing a contested adoption in Texas, the best course of action is to contact a skilled adoption attorney who can guide you through the legal process.

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 Posted on April 09, 2024 in Family Law

When people are incapable of caring for themselves, Texas law allows them to be placed under the care of a guardian who is responsible for protecting them and their interests. A court may, for example, appoint a guardian for:

• Someone who is incapacitated due to old age

• A person with a severe physical or mental disability

• A minor whose parents are dead, or unfit or unwilling to provide care

In many cases, a court will require evidence that shows the person, or ”ward,” is incapable of caring for himself or herself. In the case of a minor, the child’s age alone may be enough for a judge to place him or her under a guardianship. 

Once appointed, the guardian is granted either limited authority or full authority over the ward, both of which carry legal responsibilities that should be discussed with an experienced family lawyer.

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 Posted on March 26, 2024 in Divorce

Marriage is a sacred bond between two people, but sometimes, misbehavior within the marriage can lead to legal consequences. In Texas, certain actions or behaviors by a spouse may be considered actionable misbehavior, giving rise to legal remedies such as divorce. Understanding what constitutes actionable misbehavior in Texas is important for those wondering whether certain types of behavior will affect the outcome of a divorce. Discuss with a trained attorney to ensure you understand your rights and responsibilities as you move through the process of ending your marriage.

At Daniel R. Bacalis, P.C., Attorney Bacalis has a proven track record of successfully guiding clients through all types of divorce cases, whether complex or straightforward. As a Board Certified Family Law Specialist, clients can trust that when they hire Attorney Bacalis, they will receive the most client-oriented legal representation available from a highly skilled attorney.

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 Posted on March 11, 2024 in Family Law

When it comes to navigating the intricate and emotionally charged landscape of family law in Texas, having a skilled and experienced attorney by your side can make all the difference in the outcome of your case. Whether it be for a Texas divorce or another matter, hiring a family law attorney who is board-certified by the Texas Board of Legal Specialization, such as Daniel R. Bacalis, P.C., can give clients a significant edge during legal proceedings. Board certification signifies a lawyer's knowledge and skill in family law, providing clients with confidence and assurance in their legal representation.

Enhanced Knowledge of the Family Law Process in Texas

Board certification by the Texas Board of Legal Specialization requires attorneys to undergo a rigorous evaluation process, including peer review, continuing legal education, and a comprehensive examination focused on family law. This process ensures that board-certified family law attorneys deeply understand the complexities and nuances of family law matters, giving them a unique advantage when representing clients in court. Their specialized knowledge allows them to navigate family law's complexities precisely. 

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 Posted on February 28, 2024 in Divorce

Alimony, or “spousal maintenance,” is less commonly awarded in the state of Texas now than it has been in previous decades. Texas offers only two types of spousal maintenance – court-ordered and contractual – both of which can be difficult to have approved by a judge if the paying spouse does not agree. It is important to understand both types of spousal maintenance, the factors that go into determining it, and how payments are calculated. An experienced attorney can go over the finer details of spousal maintenance and what you can expect during divorce proceedings.

What is Spousal Maintenance?

Spousal maintenance is the court-ordered version of Texas alimony. A judge must consider many factors before determining whether or not it is appropriate after a divorce. Some of the factors a judge may consider include:

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 Posted on February 07, 2024 in Family Law

Paternity is an incredibly important issue that must be addressed if an alleged father legally wants to have anything to do with his offspring. However, not everyone knows what is required to determine paternity. In some cases, paternity is already assumed, whereas in others it will take a little bit more work to establish paternity. Discuss your options with an attorney to figure out what you will need to do to move forward with establishing paternity.

Paternity For Married and Unmarried Parents

When parents are married, the father is presumed to be the legal father of the child. This is considered paternity presumption and does not require anything further from either parent in establishing paternity. Unwed fathers are not automatically recognized as biological fathers. Legal steps must be taken to establish paternity, which can be done in a few ways.

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