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How Do I Handle Post-Divorce Holiday Depression? | IL

 Posted on September 23,2024 in Divorce

Hurst, TX divorce lawyerFall 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.

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Do I Have to Share with My Spouse if I Win the TX Lottery?

 Posted on September 09,2024 in Divorce

Tarrant County, TX divorce attorneyPerhaps 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.  

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Why Would a Divorce Include a Confidentiality Agreement?

 Posted on August 26,2024 in Divorce

TX divorce lawyerMost 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..

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Is Texas Headed Toward an End to No-Fault Divorce?

 Posted on August 08,2024 in Divorce

TX divorce lawyerThe 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.

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What Are the Different Kinds of Child Custody in Texas?

 Posted on July 29,2024 in Child custody

Hurst, TX child custody lawyerWhen 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.

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How Do I Dissolve an Informal Marriage in Texas?

 Posted on July 08,2024 in Divorce

Tarrant County, TX divorce lawyerThere 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:

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Will My Spouse Find Out If I Hire a Divorce Attorney?

 Posted on June 24,2024 in Divorce

Hurst, TX divorce lawyerFor 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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What Is the Waiting Period for Divorce in Texas?

 Posted on June 07,2024 in Divorce

TX divorce lawyerThere 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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3 Assets You Might Forget to Include in a Texas Divorce

 Posted on May 28,2024 in Divorce

Hurst, TX asset division lawyerThe 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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What is Marital Misconduct and How Can it Impact a Texas Divorce?

 Posted on May 09,2024 in Divorce

Hurst, TX divorce lawyerTexas 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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