Texas Divorce

Aug
18

Texas Divorce and the Special Needs Child

Divorces with children are painful and emotional under the best of circumstances, but a divorce with a “Special Needs Child” is usually a very complex and mentally stressful situation for all family members involved.  

The main goal in a “Special Needs” divorce is that all decisions affecting a child with disabilities must be in the “Best Interest of the Child.”

What is the “Best Interest of the “Special Needs Child”? Often this is the very reason that the parents are divorcing.  The parents cannot agree on the existence of a disability or the best approach needed for care and support for their special needs child.  Many times a medical/neutral professional will need to be involved to help the parents transition the new “after” divorce life of the child and parents.

When working with parents of a “Special Needs Child”, our attorneys focus on the most critical issues impacting the child and the family unit.

Some of these important issues are:

  • Keeping the relationships between the family members agreeable in making the necessary decisions concerning visitation and transitions between both parents’ homes. You child needs contact with both parents unless there is an abuse or addiction issue or the other parent’s home is an unsafe environment for the “Special Needs” Child.  
  • Agreed upon health and medical care issues including special therapies to address the child’s needs. Let the child know that both parents are in agreement on the care for the child.
  • Special social and recreational opportunities and appropriate educational programs are available for the child and her/his disability and should be agreed upon by both parents, if possible.
  • Coordinate structured and regular visitation dates with same place drop off points. Give your child a calendar with visitation dates and let her/him be prepared to visit the other parent.
  • Helping the parent to find a support group of family, friends, counselors and neighbors to help your family with your “Special Needs” Child. This help may come in many forms, mental and physical support, financial planning or just a good hug to say “you are ok”.  

What is very important in a “Special Needs” Divorce is to realize what is “normal” in most divorces may not be the norm here.  There are many important situations that will have to be resolved before the divorce can be finalized.  The divorced parents of the “Special Needs” Child will continue to have to work together for what is best for their child.

Other serious considerations to settle:

  • The transitions after a divorce on living arrangements and visitations for the child. It will be difficult to use a standard visitation schedule and a special parenting plan will have to be agreed upon to meet all of the child’s needs.
  • The divorce decree will have to be custom designed to make sure the needs of the child will be met for the child’s entire life. The final divorce decree may have to be modified for the child’s benefit.
  • Be knowledgeable of the financial aspect of your “Special Needs” Child. What type of care will be needed on a daily basis and will one parent have to give up all monetary benefits from employment outside of the home to take care of the child.
  • List all expenses of raising this child: medical costs, food for special nutritional diets, special medical equipment needed for use of child, special schooling and transportation needs.  This is very important to make sure the needs of the child will be met.
  • Spousal Maintenance/Alimony: this amount must be worked out to ensure the caregiving parent will be able to afford all need of the child and their household.  Many times this parent will not be able to work out of the home because of the constant care for the child.  This will usually continue for the entire life of the child, so the divorce decree will have to reflect this continued support and cost of living changes.

When choosing a qualified lawyer for your “Special Needs” Divorce, it is important that the lawyer is familiar with what is involved with this type of divorce and understands the importance of tailoring a custom decree that will fit the best interest of the child and family situation for the duration of the child’s existence. It won’t be easy, but if the parents will work together, it can be achievable!  

By Nacol Law Firm P.C. | Special Needs Children and Divorce
DETAIL
Feb
22

Temporary Spousal Maintenance in Texas

In any Divorce case a father or husband should expect two attacks right out of the door. First, is paying for child support because most District Judges in Dallas, Tarrant, and Collin counties do not look favourably on 50/50 custody during temporary orders. Second, is paying temporary spousal maintenance to the wife.

Temporary spousal maintenance is essentially money that the Court forces a husband to pay his wife during the pendency of the divorce. Unfortunately, the District Judge has broad discretion in awarding the amount and duration of the temporary spousal maintenance. The temporary spousal maintenance is awarded based on considerations of both the degree to which the Spouse is destitute of means to pay for her necessities during the pendency of the suit and the ability of the Husband to pay.

Essentially, these considerations are determined by the Judge and if the Spouse has no job or means to support herself then, the Husband should expect a large percentage of his paycheck to go to the Spouse for the duration of the case. In many cases, if the Ex-Wife has the means to support herself, the Court will still award her spousal maintenance to some extent. The amount that the Court fixes as temporary spousal maintenance is likely permanent until the conclusion of the case and only appealable on mandamus. Usually, the appeal will cost more than paying the Spouse. Unfortunately, the Court uses temporary spousal maintenance to help settle cases by forcing the Husband to support both individuals of the party.

If you are seeking a divorce and have a job that provides well for your family, prepare to be attacked for child support and temporary spousal maintenance for the duration of the case. To mitigate the temporary spousal maintenance amount and seek 50/50 custody with your children, find an experienced attorney that can prepare you for the temporary orders. Temporary spousal maintenance is a tool the Court uses to equalize the estate and force a compromise. Divorce is a painful process and temporary spousal maintenance makes the process even more painful, but regrettably the burden primarily falls upon the Husband’s neck.

Julian Nacol
Nacol Law Firm PC

By Nacol Law Firm P.C. | Spousal Support
DETAIL

TIS THE SEASON FOR FILING A TEXAS DIVORCE ?

Welcome to January, the Divorce Month of the New Year! After a bad holiday season, many people have made the decision to file for divorce. The most popular months for filing divorce in the United States occur in January through March.

Going through a Divorce is painful no matter what the circumstances. When you decide to start the Texas Divorce Process, make sure you are financially prepared. Financial planning helps you in making sound decisions and start to prepare for your post-divorce life.

Below is a list of items you need to gather before counseling with an attorney. Financial Documents are a must to show what your true assets and liabilities are in the marriage.

Financial Documents needed when preparing for a Texas divorce:

  1. Tax Returns (at least three years) or Tax Liens and all IRS related documents
  2. Wills and Trusts with all attachments reflecting corpus and trust holdings
  3. Listing of all liabilities (including mortgages, credit card debt, personal loans, automobile loans, etc.):
    -Name of entity, address and telephone number
    -Account number
    -Amount owed
    -Monthly payment
    -Property securing payment (if any)
    -Most current statements and account status of lenders
  4. A Listing of all Real Property, address and location, including (includes time-shares and vacation properties):
    -Deeds of Trust
    -Notes including equity loans and second liens
    -Legal Descriptions
    -Mortgage Companies and Loan Servicers (Name, Address, Telephone Number, Account Number, Balance of Note, Monthly Payments)
    -Current fair market value
    -Appraisals
  5. Motor Vehicles (including mobile homes, boats, trailers, motorcycles, recreational vehicles; exclude company owned):
    -Year
    -Make
    -Model
    -Value
    -Name on title
    -VIN Number
    -Fair Market Value
    -Name of creditor (if any), address and telephone
    -Persons listed on debt
    -Account number
    -Balance of any loan and monthly payment
    -Net Equity in vehicle
  6. Cash and accounts with financial institutions (checking, savings, commercial bank accounts, credit union funds, IRA’s, CD’s, 401K’s, pension plans and any other form of retirement accounts):
    -Name of institution, address and telephone number
    -Amount in institution on date of marriage
    -Amount in institution currently
    -Account Number
    -Names on Account
    -Company loans and documents related to benefits
  7. A listing of separate property (property owned prior to marriage, family heirlooms, property gifted, inherited property):
    -Records that trace your separate property. These assets will remain yours if properly documented
  8. Retirement Benefits:
    -Exact name of plan
    -Address of plan administrator
    -Employer
    -Employee
    -Starting date of contributions
    -Amount currently in account
    -Balance of any loan against plan
    -Documents
  9. Publicly traded stock, bonds and other securities (include securities not in a brokerage, mutual fund, or retirement account):
    -Number of shares
    -Type of securities
    -Certificate numbers
    -In possession of
    -Name of exchange which listed
    -Pledged as collateral?
    -Date acquired
    -Tax basis
    -Current market value
    -If stock (date option granted, number of shares and value per share)
    -Stock options plans and related documents
  10. Insurance and Annuities Policies and Inventory:
    -Name of insurance company
    -Policy Number
    -Insured
    -Type of insurance (whole/term/universal)
    -Amount of monthly premiums
    -Date of Issue
    -Face amount
    -Cash surrender value
    -Current surrender value
    -Designated beneficiary
    -Other policies and amendments
  11. Closely held business interests:
    -Name of business
    -Address
    -Type of business
    -% of ownership
    -Number of shares owned if applicable
    -Value of shares
    -Balance of accounts receivables
    -Cash flow reports
    -Balance of liabilities
    -List of company assets
    -Possible hobbies or side businesses that generate income
  12. Mineral Interests (include any property in which you own the mineral estate, separate and apart from the surface estate, such as oil and gas leases; also include royalty interests, work interests, and producing and non-producing oil and gas wells:
    -Name of mineral interest
    -Type of interest
    -County of location
    -Legal description
    -Name of producer/operator
    -Current market value
    -needs leases or production documents related to the asset
  13. Money owed by spouse (including any expected federal or state income tax refund but not including receivables connected with any business)
  14. Household furniture, furnishings and Fixtures
    -photos
    -purchase documents
  15. Electronics and computers including software and hard drive
  16. Antiques, artwork and collectibles (including works of art, paintings, tapestry, rugs, crystal, coin or stamp collections) Other large collections need to be appraised! (Guns, quilts, action figures, books)
  17. Miscellaneous sporting goods and firearms
  18. Jewelry including appraisals
  19. Animals and livestock
  20. Farming equipment
  21. Club Memberships
  22. Safe deposit box items
  23. Burial plots including documents of ownership
  24. Items in any storage facility
  25. Travel Awards Benefits (including frequent flyer miles)
By Nacol Law Firm P.C. | Divorce Checklist . Prepare for Your Divorce
DETAIL

Preparing for a Texas Divorce

Preparing for a Texas Divorce – Part 1: Assets 
 
Preparing for a divorce is painful no matter the circumstance.  Before you get into the tangle of the divorce process, you can reduce the expense, stress and conflict many people face by making sure you are prepared.  Planning ahead allows you to make sound decisions and start preparing for your life post-divorce, and may also help you avoid post-divorce pitfalls. Below is a list of items you may want to gather before counseling with an attorney.

Documents

  1. A Listing of all Real Property, address and location, including (include time-shares and vacation properties):
    1. Deeds of Trust
    2. Notes
    3. Legal Description
    4. Mortgage Companies (Name, Address, Telephone Number, Account Number, Balance of Note, Monthly Payments)
    5. Current fair market value
  2. Mineral Interests (include any property in which you own the mineral estate, separate and apart from the surface estate, such as oil and gas leases; also include royalty interests, work interests, and producing and non-producing oil and gas wells.
    1. Name of mineral interest
    2. Type of interest
    3. County of location
    4. Legal description
    5. Name of producer/operator
    6. Current market value
  3. Cash and accounts with financial institutions (checking, savings, commercial bank accounts, credit union funds, IRA’s, CD’s, 401K’s, pension plans and any other form of retirement accounts):
    1. Name of institution, address and telephone number
    2. Amount in institution on date of marriage
    3. Amount in institution currently
    4. Account Number
    5. Names on Account
  4. Publicly traded stock, bonds and other securities (include securities not in a brokerage, mutual fund, or retirement account):
    1. Number of shares
    2. Type of securities
    3. Certificate numbers
    4. In possession of
    5. Name of exchange which listed
    6. Pledged as collateral?
    7. Date acquired
    8. Tax basis
    9. Current market value
    10. If stock (date option granted, number of shares and value per share)
  5. Closely held business interests:
    1. Name of business
    2. Address
    3. Type of business
    4. % of ownership
    5. Number of shares owned if applicable
    6. Value of shares
    7. Balance of accounts receivables
    8. Cash flow reports
    9. Balance of liabilities
    10. List of company assets
  6. Retirement Benefits
    1. Exact name of plan
    2. Address of plan administrator
    3. Employer
    4. Employee
    5. Starting date of contributions
    6. Amount in account on date of marriage
    7. Amount currently in account
    8. Balance of any loan against plan
  7. Insurance and Annuities
    1. Name of insurance company
    2. Policy Number
    3. Insured
    4. Type of insurance (whole/term/universal)
    5. Amount of monthly premiums
    6. Date of Issue
    7. Face amount
    8. Cash surrender value
    9. Current surrender value
    10. Designated beneficiary
  8. Motor Vehicles (including mobile homes, boats, trailers, motorcycles, recreational vehicles; exclude company owned)
    1. Year
    2. Make
    3. Model
    4. Value
    5. Name on title
    6. VIN Number
    7. Fair Market Value
    8. Name of creditor (if any), address and telephone
    9. Persons listed on debt
    10. Account number
    11. Balance of any loan and monthly payment
    12. Net Equity in vehicle
  9. Money owed by spouse (including any expected federal or state income tax refund but not including receivables connected with any business)

10.  Household furniture, furnishings and Fixtures

11.  Electronics and computers

12.  Antiques, artwork and collectibles (including works of art, paintings, tapestry, rugs, crystal, coin or stamp collections)

13.  Miscellaneous sporting goods and firearms

14.  Jewelry

15.  Animals and livestock

16.  Farming equipment

17.  Club Memberships

18.  Travel Award Benefits (including frequent flyer miles)

19.  Safe deposit box items

20.  Burial plots

21.  Items in any storage facility

22.  A listing of separate property (property prior to marriage, family heir looms, property gifted)

  1. 23.  Listing of all liabilities (including mortgages, credit card debt, personal loans, automobile loans, etc.):
          1.  Name of entity, address and telephone number
          2.  Account number
          3.  Amount owed     
          4.  Monthly payment
          5.  Property securing payment (if any)
          6.  Persons listed as liable for debt
By Nacol Law Firm P.C. | Property and Asset Division
DETAIL

Financial Checklist for Divorce

Preparing for a Texas Divorce:  Assets

Going through a Divorce is painful no matter what the circumstances. Before you get into the Texas Divorce Process, reduce expense, stress and conflict by making sure you are financially prepared. Planning ahead helps you in making sound decisions, start preparing for post-divorce life, and avoid many post-divorce pitfalls. Below is a list of items you need to gather before counseling with an attorney. Financial Documents are a must to show what your true assets and liabilities are in the marriage.

Documents:

  1. Tax Returns (at least three years) or Tax Liens and all IRS related documents
  1. Wills and Trusts with all attachments reflecting corpus and trust holdings
  1. Listing of all liabilities (including mortgages, credit card debt, personal loans, automobile loans, etc.):
    • Name of entity, address and telephone number
    • Account number
    • Amount owed
    • Monthly payment
    • Property securing payment (if any)
    • Most current statements and account status of lenders
  1. A Listing of all Real Property, address and location, including (includes time-shares and vacation properties):
    • Deeds of Trust
    • Notes including equity loans and second liens
    • Legal Descriptions
    • Mortgage Companies and Loan Servicers (Name, Address, Telephone Number, Account Number, Balance of Note, Monthly Payments)
    • Current fair market value
    • Appraisals
  1. Motor Vehicles (including mobile homes, boats, trailers, motorcycles, recreational vehicles; exclude company owned):
    • Year
    • Make
    • Model
    • Value
    • Name on title
    • VIN Number
    • Fair Market Value
    • Name of creditor (if any), address and telephone
    • Persons listed on debt
    • Account number
    • Balance of any loan and monthly payment
    • Net Equity in vehicle
  1. Cash and accounts with financial institutions (checking, savings, commercial bank accounts, credit union funds, IRA’s, CD’s, 401K’s, pension plans and any other form of retirement accounts):
    • Name of institution, address and telephone number
    • Amount in institution on date of marriage
    • Amount in institution currently
    • Account Number
    • Names on Account
    • Company loans and documents related to benefits
  1. A listing of separate property (property owned prior to marriage, family heir looms, property gifted, inherited property):
    • Records that trace your separate property. These assets will remain yours if properly documented
  1. Retirement Benefits:
    • Exact name of plan
    • Address of plan administrator
    • Employer
    • Employee
    • Starting date of contributions
    • Amount currently in account
    • Balance of any loan against plan
    • Documents
  1. Publicly traded stock, bonds and other securities (include securities not in a brokerage, mutual fund, or retirement account):
    • Number of shares
    • Type of securities
    • Certificate numbers
    • In possession of
    • Name of exchange which listed
    • Pledged as collateral?
    • Date acquired
    • Tax basis
    • Current market value
    • If stock (date option granted, number of shares and value per share)
    • Stock options plans and related documents
  1. Insurance and Annuities Policies and Inventory:
    • Name of insurance company
    • Policy Number
    • Insured
    • Type of insurance (whole/term/universal)
    • Amount of monthly premiums
    • Date of Issue
    • Face amount
    • Cash surrender value
    • Current surrender value
    • Designated beneficiary
    • Other policies and amendments
  1. Closely held business interests:
    • Name of business
    • Address
    • Type of business
    • % of ownership
    • Number of shares owned if applicable
    • Value of shares
    • Balance of accounts receivables
    • Cash flow reports
    • Balance of liabilities
    • List of company assets
    • Possible hobbies or side businesses that generate income
  1. Mineral Interests (include any property in which you own the mineral estate, separate and apart from the surface estate, such as oil and gas leases; also include royalty interests, work interests, and producing and non-producing oil and gas wells:
    • Name of mineral interest
    • Type of interest
    • County of location
    • Legal description
    • Name of producer/operator
    • Current market value
    • needs leases or production documents related to the asset
  1. Money owed by spouse (including any expected federal or state income tax refund but not including receivables connected with any business)
  1. Household furniture, furnishings and Fixtures
    • photos
    • purchase documents
  1. Electronics and computers including software and hard drive
  1. Antiques, artwork and collectibles (including works of art, paintings, tapestry, rugs, crystal, coin or stamp collections) Other large collections need to be appraised! (Guns, quilts, action figures, books)
  1. Miscellaneous sporting goods and firearms
  1. Jewelry including appraisals
  1. Animals and livestock
  1. Farming equipment
  1. Club Memberships
  1. Safe deposit box items
  1. Burial plots including documents of ownership
  1. Items in any storage facility
  1. Travel Awards Benefits (including frequent flyer miles)
By Nacol Law Firm P.C. | Divorce Checklist
DETAIL

Please contact father’s rights Dallas Attorney Mark Nacol, or father’s rights Dallas Attorney Julian Nacol with the Nacol Law Firm P.C., for legal insight to your rights as a father. Both attorney Mark Nacol, and attorney Julian Nacol , provide counsel in the area of family law including divorce, father’s rights, interstate jurisdiction, child support, child custody, visitation, paternity, parent alienation, modifications, property division, asset division and more. Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization. Our attorneys at The Nacol Law Firm P.C. serve clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Prosper, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.

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