BEAL LAW FIRM

BEAL LAW FIRM Beal Law Firm has a Team of attorneys, five offices, and the experience you need to get you through

Another fantastic review from one of our awesome clients!! Thank you!!
06/15/2024

Another fantastic review from one of our awesome clients!! Thank you!!

Beal Law Firm…Serving Texans since 1992…
06/08/2024

Beal Law Firm…Serving Texans since 1992…

Another amazing review!! Thank you!!
06/05/2024

Another amazing review!! Thank you!!

Another great review from one of our awesome clients...
05/31/2024

Another great review from one of our awesome clients...

Christopher M. Jones has 24 years of Texas Family Law experience and has helped hundreds of Texas Family Law clients. A graduate of Texas Tech University Law School, Chris knows how to assess each case and formulate a game plan to pursue each clients unique goals.

Beal Law Firm has dozens of articles and posts on our website and blogs to help answer many of your Divorce, Custody, an...
05/24/2024

Beal Law Firm has dozens of articles and posts on our website and blogs to help answer many of your Divorce, Custody, and other Family Law questions. If you'd like to get some of the best information we have delivered to your email over the next few weeks, simply give us your email address below. We look forward to helping you.

We have dozens of articles and posts on our site to help answer many of your Divorce, Custody, and other Family Law questions. If you'd like to get…

Divorce: When should I file my case?I have had a contested custody case take as little as a month to get from filing to ...
05/10/2024

Divorce: When should I file my case?

I have had a contested custody case take as little as a month to get from filing to conclusion – including the trial. I have had other family law cases that last years. How many years? I’m not sure of the longest I’ve been a part of, but I can recall for sure helping get one to a conclusion that had been on file for over four years before I was hired as the next attorney – the client had already had at least two others.

So, what things do we know for certain with respect to timing a case? Here are a few things that we think we know, but keep in mind that sometimes things happen that the rules say can’t happen.

1. Minimum Length of a Divorce.

By Texas law, a divorce must be on file for at least 60 days from filing to conclusion, unless one side or the other alleges that family violence has occurred and the Court grants the divorce earlier.

But, keep in mind that most of the time the only way to have a 60 day divorce is if the case settles. If the case does not settle, then it is going to trial. And although I referenced above a case that went to trial within the first month, that was partially because everyone agreed to it.

Why must a trial almost certainly take more than sixty days to reach? See the next rule.

2. Trial Setting.

Both parties are entitled to at least 45 days’ notice of the first trial setting. Since it generally takes more than 15 days to receive an answer to a suit, when you add those two time limits up, you get more than sixty days.

In larger Counties or busier courts, though, the main reason that it takes more than 60 days to get to trial is that the Court’s docket (schedule) is so busy that they don’t have time for you until much further in the future than that.

I’ve been in courts that cannot get a first setting scheduled for well over a year, and I’ve been in others that say, “Go see the Court Coordinator. You’ll be settled or in trial in 90 days” – keep in mind that that was decades ago, and that County has grown tremendously since then.

3. Answer Day.

The main reason that it generally takes longer than 15 days to get an answer to a suit is because that’s how long the Respondent has to answer.

In Texas, an Answer is due at “10:00 a.m. on the Monday Next after Twenty Days from the Date of Service.”

If you file your Divorce on a Monday, it may be Tuesday before you can even get the Citation – which is part of what has to be served on the other party, if you’re going to have the other party officially served.

Once the Citation is in the hands of the Process Server or Constable or Sheriff, it may take them a day or two (or more – sometimes much more) to get your spouse served.

From the date that service happens, the clock starts, and the NEXT day is Day One of the Twenty Days.

You then count twenty days, stop counting, and go the NEXT Monday. If the 20th day is a Tuesday, you go to the NEXT Monday. If the 20th day is a Sunday, you go to the NEXT Monday. If the 20th day is a Monday, you go to the NEXT Monday.

If the NEXT Monday is a holiday, you go to the next day that is not a holiday and that is Answer Day.

4. Temporary Orders.

It used to be that one of the few things that you could predict was when a Temporary Orders hearing would happen.

Prior to the proliferation of Standing Orders, Courts were essentially required to sign off on a Temporary Restraining Order (TRO) just for the asking. By law, TRO’s only last 14 days, and the court is “required” to have a hearing on the Temporary issues prior to the expiration of the TRO.

That was the way things used to work, and still do in some areas of Texas.

Now, it is common for a Court to have a Standing Order that is meant to maintain the Status Quo. Because of that, many Judges won’t or are reluctant to sign a TRO, because they know that it means they have to have a hearing within two weeks – and a great many courts simply don’t have time for all of the hearings that they would have to have if they signed TROs in every or even many cases.

What that means is that now, you may not be able to get a Temporary Orders hearing for months after a case is filed.

5. Everything Else.

With all of this, you can see why it is hard to predict the timing of cases. And this is just a tiny tip of the iceberg.

When a case will conclude depends on:

a. How it concludes – Settlement or Trial, Mediation or Informal Settlement Agreement, etc.

b. Discovery – Are you going to want to seek information from the other party or will they want to seek information from you? If so, the due date of the discovery tools is just the beginning of that story. After that, there are Motions to Compel, Objections, and a great deal more to consider.

c. The actions of the other party – Is the other side trying to drag things out or are they trying to get the case done as soon as possible? People drag out cases for various reasons, but sometimes it’s just out of spite.

d. The actions of the court – Some courts order Mediation in every case, some don’t. Some courts are happy to get you to trial as soon as they can, others you can hardly buy a court date in. The Judge gets to control their docket, and the litigants have very little say about it.

e. Is it really the end – Even when a case seems over, it may not be. All it takes to stop a case from moving forward is for the other side to file Bankruptcy. A Bankruptcy filing, by law, stays most Family Law cases immediately. Additionally, the other side may file post-trial motions or an appeal. Also, the Court may grant a New Trial for any one of a number of reasons.

Hopefully you see that trying to time the filing of a case in order to “be sure” that it will be over with by a certain time is a fool’s errand. There is just no way to do it.

It may seem like common sense to think, “I’ll file my Custody Modification case as soon as the school year ends, so that we will know where the kids are going to school next year before the school year starts,” in reality, waiting until then may almost guarantee that you will not know in time for the next school year.

I don’t encourage anyone to file anything. Deciding whether to file a Divorce or Custody case is a personal decision, not a legal one.

If you know that you are going to file a case, and you know that you have a time in the future that you really want your case completed by, and you ask me when to file your case to guarantee that you can meet your timetable, I will tell you two things generally:

1. You can’t guarantee it; and

2. The sooner you file, the better – but of course, there are exceptions to that rule, just like every other.

The most important and most correct thing I will tell you is this: Talk to a lawyer, get a meaningful consultation, and develop a detailed game plan for your case, given your unique facts.

The question often comes up, “When should I file my case so that my kids can start school in their new school?” Or, “If I start my Divorce now, will it be done by the end of this school year?”The question is really, “How do I know when to file my case in order for it to be over by the time...

Divorce and Custody: Are you afraid to call a lawyer? I wasI didn’t know whether to call an attorney. And more important...
05/08/2024

Divorce and Custody: Are you afraid to call a lawyer? I was

I didn’t know whether to call an attorney. And more importantly, I was afraid to. Why? Because I didn’t know how it worked.

I had always heard that lawyers were expensive – very expensive. I was a poor lieutenant, and the thought of having to pay $300.00 to get our car back was paralyzing. The thought of having to pay whatever enormous sum an attorney would charge me just for picking up the phone was beyond comprehension.

I didn’t know if lawyers had timers on their phones and some way to know who was calling and then automatically sent a bill. (Remember, that was before caller ID.)

I didn’t know if the charges started the second I picked up the phone on my end, or the second they picked it up on their end, or when.

I didn’t know, and I was terrified.

So, luckily, I remembered that I had a friend that was going to law school. I asked him if I was “allowed” to call a lawyer, and if so, how it worked. He explained to me that they would not charge as I had feared and that I needed to call to see if they could help me.

He explained that lawyers did not charge simply for calling to ask if your situation is one that they can help with.

And that is an important thing to know: Lawyers are in business to help people. They want you to call their office to ask if they can help you.

Yes, they may charge a fee once you come in and talk about the issue since doing so in any meaningful way will probably take an hour or so, but if you leave the office understanding the law, understanding your options, and with a plan of attack, the money is likely well spent.

Meaningful consultations with an attorney about a problem are not like doctors’ visits, where you go in, she looks in your mouth, listens to your heart, asks a couple of questions and writes on a piece of paper that you have the flu, and you need X medicine – then tells you thank you and leaves.

A lawyer writing you a prescription for “a divorce” or “a child custody case” is not very helpful.

What is helpful is a thorough discussion of your facts, an analysis of the law that applies to your case, and a discussion of your options.

And you can’t get all of that without that first contact with the attorney’s office.

In short, you have nothing to fear in contacting an attorney to see if he or she can help you with your situation. They welcome the call or email.

I’m glad that I made the call way back then. You can be too.

The date was sometime in the mid-1980’s. I was lieutenant in the Marine Corps, and I had been appointed Legal Officer of an Artillery Battalion. In fact, I had been working as the Legal Officer for quite a while at that point. I was sitting in my office when a call came in on the rotary style phon...

Divorce: 10 Things That a Good Divorce Lawyer Knows That You May NotGoing through a divorce can be an emotionally challe...
05/07/2024

Divorce: 10 Things That a Good Divorce Lawyer Knows That You May Not

Going through a divorce can be an emotionally challenging and legally complex process. While you may believe you have a good understanding of your situation, it's essential to recognize that Texas divorce lawyers possess extensive knowledge and experience in navigating the complexities of family law. In this blog post, we will explore five things your Texas divorce lawyer knows you may not be aware of, shedding light on important aspects of the divorce process.

1. Understanding the Legal Process

When it comes to divorce, the legal process can be overwhelming. Your divorce lawyer understands the intricate details of the legal system, including the necessary paperwork, court procedures, and deadlines. They have the knowledge to guide you through each step of the process, ensuring you don't miss any crucial requirements. From filing the initial petition to negotiating settlements and representing you in court, your lawyer will be a reliable source of information and guidance.

2. Evaluating Your Options

Divorce is not a one-size-fits-all process. Your Texas divorce lawyer can help you explore the various options available, such as mediation, collaborative divorce, or traditional litigation. They have the expertise to evaluate your unique circumstances and advise you on the most suitable approach for your case. By understanding the pros and cons of each option, you can make informed decisions that align with your goals and priorities.

3. Protecting Your Interests

During a divorce, emotions can cloud judgment, leading to impulsive decisions that may have long-term consequences. Your divorce lawyer is your advocate, dedicated to protecting your interests. They can objectively assess the situation, ensuring you make informed choices considering the present and the future. Whether dividing marital assets, determining child custody, or negotiating spousal support, your lawyer can help safeguard your rights and fight for a fair settlement.

4. Navigating Child Custody

If you have children, their well-being is likely your top priority. Child custody matters can be particularly complex and emotionally charged. Your Texas divorce and custody lawyer understands the factors that courts consider when making custody decisions, such as the child's best interests, stability, and the ability of each parent to provide care. They can guide you through creating a parenting plan that promotes the child's well-being and protects your rights as a parent.

5. Ensuring Financial Security

Divorce often involves significant financial implications, and it's crucial to have a clear understanding of your financial rights and responsibilities. Your divorce lawyer can help you assess the value of marital assets, including property, investments, and retirement accounts. They can also help analyze the financial impact of spousal support and child support arrangements, ensuring you are not at a disadvantage. By understanding the financial landscape, you can plan for your future and work towards achieving financial stability.

6. Mediating Conflict and Facilitating Communication

Divorce often brings out strong emotions and can lead to heightened conflict between spouses. Your Texas divorce lawyer can help facilitate negotiations, ensuring that you have an opportunity to express your concerns and can help you reach an acceptable agreement. When appropriate...

Going through a divorce can be an emotionally challenging and legally complex process. While you may believe you have a good understanding of your situation, it's essential to recognize that Texas divorce lawyers possess extensive knowledge and experience in navigating the complexities of family law...

Texas Child Custody and Divorce:I made some big mistakes. And there’s no way to go back and fix them now. The first mist...
05/03/2024

Texas Child Custody and Divorce:

I made some big mistakes. And there’s no way to go back and fix them now.

The first mistake I made was moving out of the house. When the divorce was announced, I made the mistake of thinking that the gentlemanly or courteous thing to do was to move out voluntarily. There was some logic to it. That way, I would know exactly where my kids were when they weren’t with me, and I could control how close I was to them.

But doing so was a mistake. Back in those days, it was common for a husband to be ordered out of the house, just because the wife wanted it that way. So, there is a good chance that I would have been ordered to leave the house anyway, but at least at that point, I may have been given more time to get things in order. Some judges will give a person ordered out 30, 60, or 90 days to leave.

Additionally, I could have asked for a “nesting” schedule. That’s where the kids stay in the home, and the parents alternate periods out of it. Sometimes this is set up on a week-on-week-off schedule. Although those were rare back in the ’90s, they are more common now, and just seeking such a schedule can be an important statement to the court and the soon-to-be-Ex.

Finally, I may have at least gotten some quid pro quo from the court. That is, “okay, you need to move out, but in exchange for that you’ll get…” The court will rarely make one side or the other “lose” entirely in a hearing, but when you voluntarily give away a big bargaining chip, it’s easier to come out a much bigger loser.

The next thing I would do differently has to do with living arrangements after the case.

I thought that the best thing for the kids would be to allow them to keep the home that they had grown up in, to that point. But in doing so,….

Eating donuts in my car with my kids still in their pajamas provide some of my favorite memories of them when they were young. We used to have a good time – or at least as good a time as possible. I can still remember my daughter being able to stand up in the front seat while she would eat a choco...

Saving your marriage may be the number one best choice, but what may seem like the "next best" choice – Separating witho...
05/02/2024

Saving your marriage may be the number one best choice, but what may seem like the "next best" choice – Separating without divorcing – may not in fact be the next best thing to saving your marriage. You may end up doing yourself, and possibly even your Spouse, harm that you have not thought about.

As for the client that hadn't seen his Wife in 20 years: He ended up losing half of his military retirement because he hadn't made the separation "official" with a divorce.

Can you be Legally Separated?

So, let's start with this: Texas does not have a status known as Legal Separation. You cannot be "Legally Separated" in Texas in the sense that you have some legal status known as "Separated."

Once you get married in Texas – either with a ceremonial, traditional marriage or a common-law marriage – you stay married until you either…

If you are living your lives separately and have no intention of getting back together, you are taking on bigger and bigger risks with each passing day that you fail to get your Legal Life in order. Presumed Fatherhood, Spousal Maintenance, Community Property, Liability Problems and more.

Hiring a Divorce Attorney: Common Questions1. “Do I have to have an Attorney?” The short answer to this question is No. ...
05/02/2024

Hiring a Divorce Attorney: Common Questions

1. “Do I have to have an Attorney?”

The short answer to this question is No. One of the great things about America is that you can be your own lawyer. This may sound obvious, but it’s not.

Think about it. You can’t be your own doctor. Even if you think that you know what medicine you need, if it requires a prescription, you cannot decide for yourself. If you want to take the medicine, you can’t just go get it and take it.

That is not the case with the Law. You do not have to hire an attorney. You can represent yourself in your Divorce, Child Custody, or other Family Law case. Whether you should represent yourself is a totally different question.

A popular Judge once talked to a person in his court about representing herself. He said, “You can, but you will probably find out that it’s like trying to do your own surgery. There is a good chance that you’ll get in the middle of it and realize that you should have never tried to do it yourself and have a big mess on your hands.”

Some people do represent themselves and do a good job. Others realize later that they should have gotten professional help from the beginning.

2. “What is the difference between an ‘Attorney’ and a ‘Lawyer’?”

Nothing. The two words are interchangeable, as used in this article and on this website. There are some uses for the word Attorney in our legal system that are not appropriate for the word lawyer. Still, when it comes to issues of hiring a Divorce Lawyer or Divorce Attorney, they both mean the same thing.

3. “Do I have to have a Divorce Attorney or a Family Law Attorney?”

All attorneys licensed by the State of Texas to practice Law are free to practice in any area of the Law. Lawyers do not get their licenses for a particular area of the Law or a particular geographic area.

Every licensed Attorney in the State of Texas could theoretically handle a divorce. But many attorneys that want to handle primarily Divorce or Family Law work will refer to themselves as a “Divorce Attorney” or “Divorce Lawyer.”

By rule, attorneys are not to take on representation for which they are not qualified. So, if an attorney states that he or she is available to be hired in a divorce case, they are representing that they believe they are competent to handle the case.

4. “Can my spouse and I share an Attorney?”

No, both parties cannot use the same Attorney for representation. It is true that neither party has to have an attorney. It is also true that it is okay for there to only be one divorce attorney involved in the case. But, that one divorce attorney can only legally advise one of the two parties.

The same lawyer cannot give advice to both sides of the Divorce. Giving advice is representation, and it is absolutely…

“Can my spouse and I share a Divorce Attorney?” No, both parties cannot use the same attorney for representation.

The rights of grandparents to their grandchildren is a complicated area of family law, from visitation rights to custody...
04/20/2024

The rights of grandparents to their grandchildren is a complicated area of family law, from visitation rights to custody decisions. Whether as a worried grandparent seeking out options or a parent whose child-rearing abilities are being questioned, you'll want legal counsel. It is crucial to have competent legal counsel that can inform you of your rights to your child or grandchildren and how to maintain them.

Our attorneys at Beal Law Firm have ample experience with cases like this, as our firm deals exclusively with family law. The dynamic between parents and grandparents in these situations can be tense and awkward regardless of which side you stand. Let our attorneys help you navigate your case and better inform you of your rights.

Grandparent Rights

In the Family Law arena, the discussion of Grandparents' Rights in Texas generally involves one or both of two types of cases. One such right is that the grandparents seek to be named as a conservator of the children and possibly have full or substantially full possession of the children. The other right involves the grandparents seeking access to the children if there is a denial or threats of denial.

Grandparents' rights in Texas give them the ability to seek managing conservatorship of children in place of the parents are extremely limited. Not only are the odds of winning such a case highly dependent upon the facts of the case, but the right to even bring the action is also heavily regulated. In short, the design of the law is to keep grandparents that think they could do a better job than the parents of their grandchildren from judicially interfering in the lives of the parents and grandchildren in all but rare circumstances.

Grandparent Access

Grandparent access to grandchildren is a much more common concept. One of the purposes of the law is to allow grandparents that have been cut off from access to their grandchildren by a mean-spirited, vindictive, or neglectful "surviving" spouse a vehicle through which the courts can protect the grandparent-grandchild relationship. The law is not limited to the case of a surviving spouse after the death of the grandparents' child. It applies to an incarcerated parent's case where they can plead even when neither of these circumstances is present.

Understand, however, that courts commonly take the position that a non-incarcerated, living parent can adequately protect the access rights of their parents and that no action of the court is needed. In simple terms, courts often believe that if a grandparent is not getting to see their grandchild enough, they should take up the matter with the child of the grandparent.

Understanding the concepts of Grandparents' Rights in Texas and the discovery needed to prosecute such an action adequately can be complicated. Seeking the help of a competent attorney with experience handling or as a grandparent's rights lawyer is essential.
https://www.dfwdivorce.com/grandparent-rights

In Family Law, children's issues are very different than property issues. When dealing with children's issues, Courts ar...
04/14/2024

In Family Law, children's issues are very different than property issues. When dealing with children's issues, Courts are allowed to redo their orders over and over and over again. With property, pretty much once it's done, it's done.
https://tinyurl.com/5apcx396

If you have a wedding coming up, or you have a son or daughter that does, you have no doubt spent a large amount of time...
04/12/2024

If you have a wedding coming up, or you have a son or daughter that does, you have no doubt spent a large amount of time planning everything. The one thing that you may not have had time for yet is an education on what a marriage does to a couple from a legal perspective.

Once the couple is wed, a community estate is created that did not exist just a few seconds earlier.
https://twitter.com/BealLawFirm/status/1759669867605606526

Mediations happen all the time in Family Law, whether in divorce, custody,  grandparent rights, or another type of case....
04/07/2024

Mediations happen all the time in Family Law, whether in divorce, custody, grandparent rights, or another type of case. Most cases settle and many if not most settle at mediation.
https://t.co/2cPgOCI9XW

Many divorce cases include mediation to peacefully negotiate terms. Our attorneys at Beal Law Firm deal exclusively with family law for effective legal counsel.

The short answer is this: If you or your spouse currently reside in  Texas, either of you can file for divorce in Texas....
04/06/2024

The short answer is this: If you or your spouse currently reside in Texas, either of you can file for divorce in Texas....
https://t.co/byD7oZOthZ

Divorce and Custody Attorneys hear it all the time. The follow-up question is: Why can't you tell me how much my divorce...
03/26/2024

Divorce and Custody Attorneys hear it all the time. The follow-up question is: Why can't you tell me how much my divorce will cost?

The reason is that the cost of a divorce in Texas generally depends upon several factors, none of which your attorney controls.

Here are a few things that impact the amount of time that a case requires and which then affect how much the case will cost:

1. What your spouse or ex does
https://www.dfwdivorce.com/how-much-will-my-case-cost

Beal Law Firm has a team of divorce lawyers, custody lawyers, and family law attorneys that work together to help our clients achieve their goals.

Hiring a competent attorney for any case is expensive. This article is written assuming that you are going to hire an at...
03/19/2024

Hiring a competent attorney for any case is expensive. This article is written assuming that you are going to hire an attorney for your divorce, custody or other family law case - whether you should is a topic for another day.

Now that you've gotten an attorney, here are some ways to save money:
https://t.co/dK6CrGUSZc

When clients that have been cheated on come in, the first question any creative attorney asks is, "What can I do to gain...
03/13/2024

When clients that have been cheated on come in, the first question any creative attorney asks is, "What can I do to gain an advantage and really give the other side something to lose?"

You want something more than just the threat of a "disproportionate division" using adultery as a fault ground - that's often not much of a threat.
https://www.dfwdivorce.com/adultery-intentional-infliction

Some people think that if their Ex passes away, they will have possession of their child automatically. They believe tha...
03/02/2024

Some people think that if their Ex passes away, they will have possession of their child automatically. They believe that any Court Orders regarding possession of their child, child support, and limitations on their Rights and Duties will disappear.

That is not necessarily so.
https://t.co/byD7oZOthZ

Divorce can be a challenging and emotional process, regardless of age. However, when couples decide to end their marriag...
03/01/2024

Divorce can be a challenging and emotional process, regardless of age. However, when couples decide to end their marriage later in life, it is commonly referred to as a "silver divorce."
https://t.co/jKCUfy7s8G

If parents are facing a Texas Divorce and know that they want to consider Private School for their children, it is wise ...
02/28/2024

If parents are facing a Texas Divorce and know that they want to consider Private School for their children, it is wise to get those issues on the table upfront.

The only possible exception to this would be if the parent that is going to be named Primary - assuming that's clear, which is often isn't - is willing to pay the entirety of the cost of any Private Schooling done.
https://t.co/aaBVcCMC8O

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Beal Law Firm has a Team of attorneys, five offices – Southlake, Fort Worth, and Dallas, Frisco, and San Antonio – and the experience needed to handle all Texas Divorce, Custody, and Family Law matters. Senior Attorney, Eric Beal, is Board Certified in Family Law by the Texas Board of Legal Specialization, is AV® Preeminent™ rated by Martindale-Hubbell, and has over 28 years of divorce and family law experience. Additionally, Mr. Beal is a former U.S. Marine Corps Legal Officer. While in the Marines, Beal graduated with honors from the Field Artillery Officer’s Basic Course and the Military Justice Legal Officer’s Course, where he finished first in his class with an all-time record score. Following the Marines, Beal attended Baylor Law School, where he received over two dozen honors and awards, and graduated as the Highest Ranking Student. Since that time, Beal has become a published family law author and speaker and participates in many times over the required number of Continuing Legal Education courses. Senior Managing Attorney, Constance Mims, is Board Certified in Family Law, is a multiple recipient of the Martindale-Hubbell Client Distinction award, and has over 15 years of divorce and family law experience, including 3 as a family law paralegal. We invite you to review our site, look at the resumes of the divorce lawyers and family law lawyers working at BLF, and determine whether we are the type of firm you are looking for. We can help with all family law matters, including divorce, uncontested divorce, child custody, child support, grandparent rights, family violence, juvenile law, division of property, QDROs, prenuptial agreements, post-marital agreements, military divorce, military family law, and more. www.DFWDIVORCE.com

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