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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? | IL
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..
Is Texas Headed Toward an End to No-Fault Divorce?
The state of Texas is experiencing heated debates surrounding no-fault divorce, which allows couples to divorce without alleging (and proving) a specific "fault." Texas has a unique approach to divorce, with a hybrid blend of fault-based and no-fault systems. If a couple decides to file under the no-fault law, they must only say their marriage cannot continue due to incompatibility without showing any wrongdoing.
No-fault divorces tend to go much more smoothly and are quicker and simpler overall. The state also allows a spouse to file based on a specific fault. This decision can potentially impact such things as child custody and the division of marital assets, but it has negative aspects as well. Whether you choose to file under the state's no-fault laws or believe a fault-based divorce is right for you and your situation, having an experienced Hurst divorce lawyer from Daniel R. Bacalis, P.C. by your side can make all the difference in how your divorce progresses.
What Are the Different Kinds of Child Custody in Texas?
When parents decide to separate or divorce in Texas, they have to make several determinations about their minor children. This is also true for unmarried parents, assuming legal paternity has been established. Among other things, your parenting plan outlines various kinds of child custody arrangements.
You must submit a parenting plan to the courts for approval. With the assistance of a Board Certified Tarrant County, TX family law attorney from Daniel R. Bacalis, P.C., you can create a parenting plan and conservatorship that protects your child’s best interests.
Types of Conservatorships in Texas
It is important to understand the rights and obligations associated with each type of conservatorship, commonly known as child custody.
Legal Custody/Managing Conservatorship
While children are minors, their parents must make various decisions about their upbringing. Managing conservatorship gives a parent decision-making rights for important choices, such as education, religion, healthcare, and extracurricular activities.
How Do I Dissolve an Informal Marriage in Texas?
There are many types of marriage ceremonies. Some are large, glitzy affairs at rustic beach mansions, others are raucous Elvis-themed parties, and still others are subdued courthouse gatherings. All are considered formal marriages in the eyes of the law.
An informal marriage, however, comes with no ceremony or license. This type of union — also known as a common-law marriage — has certain criteria that must be met, after which it is recognized by law as a valid marriage.
Dissolving an informal marriage, however, is similar to ending a conventional one in a divorce. If you are considering ending an informal marriage, speak with a Texas informal marriage divorce lawyer.
This article will explain what an informal marriage is and how to dissolve one.
What Is an Informal Marriage?
An informal marriage is when two people live as husband and wife without undergoing an official ceremony. Under Texas law, two people are informally married if they satisfy the following criteria:
Will My Spouse Find Out If I Hire a Divorce Attorney?
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.