BEAL LAW FIRM

03/17/2023

Joint Managing Conservator: What it means

Joint Managing Conservator - Does it mean what you think it does??

Does being named a Joint Managing Conservator mean anything? The answer is maybe.

If and when you go back to court for any type of modification, you may start at a disadvantage if you are a Possessory Conservator, instead of a Joint Managing Conservator.

In short, being named JMC may not mean...

The first substantial portion of a Texas Custody Order is the issue of Conservatorship. In days gone by – thirty or forty years ago – custody cases typically ended with one parent being named as the Managing Conservator and the other parent being named as Possessory Conservator. The Managing Con...

03/06/2023

Dividing Property in Divorce – the Top Seven Questions

So, how do you deal with it? How do you deal with all of your property? What questions do you need to get answered to get to the point of dividing it?

If you have an attorney, what questions should they be seeking the answers to – with your help?

Here is a pretty simple framework for thinking about all of it and at least knowing the questions, so that you can then start working on the answers:...

If you are going through a Texas Divorce and you have been married for more than a minute, you have property that you need to consider. Many people think they don't have Community Property – even if they don't know the definition of Community Property. But since the presumption is that all propert...

02/21/2023

What someone else thinks they know CAN hurt you

I listen to a lot of talk radio. Some would say too much.

One thing I have found to be universally true is this: If the host or any member of the cast is talking, and they are talking about legal issues, they are almost always wrong!

I listen to a lot of talk radio. Some would say too much — my wife probably among them. I like talk radio. I’ve listened to it for about 35 years. I’ve listened to stations all over the country, and I’ve listened to all types. In the early days, I would listen to general interest shows. Then...

02/13/2023

Common Law Marriage: How do I know if I have one?

In Texas, there are two ways to get married, and two ways to get unmarried. You can be ceremonially married or common law married. To get unmarried – regardless of how you got married – you need a divorce or death.

There is no such thing as a common law divorce.

A common law marriage arises when three things have happened:

1. The two people live together;
2. The two people represent...

In Texas, there are two ways to get married, and two ways to get unmarried. You can be ceremonially married or common law married. To get unmarried – regardless of how you got married – you need a divorce or death. There is no such thing as a common law divorce. There are circumstances that woul...

02/09/2023

Lifting a Geographic Restriction | Beal Law Firm | Texas

Lifting a Geographic Restriction

Geographic Restriction. Domicile Restriction. Residency Restriction. It's all the same thing.

If you have one and want to lift it, but can't get agreement from the other parent, then you have a Relocation case.

Relocation cases are difficult. One of the main reasons is that it is hard to find a compromise. If mom and dad get a Texas divorce, and mom wants to move with the children to New York, the compromise of mom moving to Tennessee is not likely to make anyone happy. Since it's hard to settle a relocation case, they often end up going to trial - and that can be expensive and time-consuming.

Relocation is really the other side of the geographic restriction coin. If the prior decree or order does not have a geographic restriction (also known as a residency restriction or domicile restriction), then theoretically there is no relocation case or battle that needs to be fought.

When there is a geographic restriction, any attempt by the primary parent to move beyond the restricted area, can lead to a relocation case. Relocation cases can be dealing with moves across town or moves out of State or out of the Country.

If tried to the judge alone (a "bench trial"), the issue of relocation is completely within the discretion of the court. The parties in a relocation case have a choice, however, because the issue can be tried to a jury. In fact, per the Texas Family Code, the judge cannot alter the jury's finding on the issue.

So whether to a judge or jury, the question is: What kind of evidence will you need to win your side of the argument?

The Supreme Court of Texas in the case of Lenz v. Lenz listed a number of factors for courts to consider when making the determination of whether a request for relocation should be granted. These so-called Lenz Factors include the following:

The reasons for and against the move;

A comparison of education, health, and leisure opportunities;

Whether any special needs or talents of the children can be accommodated;

The effect on extended family relationships;

The effect on visitation and communication with the noncustodial parent to maintain a full and continuous relationship with a child; and

Whether the noncustodial parent has the ability to relocate.

When considering whether to file a relocation case or how to defend one, it is critical to determine and gather all the evidence that you can on all of the Lenz Factors.

Common Questions:

If I get remarried, does it lift a geographic restriction? Does remarriage lift or remove a geographic restriction automatically?

Remarriage will not automatically lift a geographic restriction, unless that contingency was explicitly...

Geographic Restriction, Domicile Restriction, and Residency Restriction are terms that are used interchangeably. They can be lifted.

01/30/2023

Child Custody in Texas: What is Winning?

Child Custody in Texas: Being Named Primary

Custody orders list the rights and duties of the parents, grandparents, or others that have been named as Conservators. The most important of the rights is that of being named as the “primary.”

These days a custody battle is a battle over who will be named “primary.” Being named “primary” means that you have the “exclusive right to designate the primary residence of the child.”

The person or parent holding this right is generally referred to as the primary, the primary parent, or the primary conservator. In most cases, the primary has the child more often than the non-primary, has the exclusive important rights, and receives child support.

The flip side of the primary designation is known as a residency restriction, geographic restriction, or domicile restriction...

What does it mean to "win" a Child Custody Case in Texas? What are you really fighting over and what does the term Primary Parent mean?Child Custody in Texas...

01/18/2023

Can a 12 Year Old Decide?

Can a 12-year-old decide where he or she wants to live?

This area of Texas Family Law is often misunderstood. Many non-lawyers, and possibly even some lawyers, think that once a child turns 12, he or she gets to decide who will be the "primary parent." That is simply not true.

Under Texas custody law, one parent or the other usually has the "exclusive right to determine the primary residence of the child" - to most people that means where the child lives.

Once an custody order (or divorce decree containing a custody order) is in place, it is final, unless it is modified. In order to file for a modification of a child custody order, you need to allege certain things.

One of things that can be alleged, in order to ask a court to change the custody order, is that your child is over the age of 12 and that you believe that your child will tell the Judge that he or she wants to switch which parent is "primary." That alone, however, does not mean that the order will be changed.

Unless the other parent agrees to the change, the fact that a child age 12 or over tells a Judge which parents' house they prefer does nothing more than...

Can a 12-year-old decide where he or she wants to live? This area of Texas Family Law is often misunderstood. Many non-lawyers, and possibly even some lawyers, think that once a child turns 12, he or she gets to decide who will be the “primary parent.” That is simply not true. Under Texas custod...

01/10/2023

Divorce and Custody Attorneys | Beal Law Firm | Texas

Court Orders for phone Calls, emails, and video-chat with your child

Spending time with your child is important. Everyone knows that. But when parents are not "together," courts often have to get involved to tell each parent when they are allowed to exercise their possession time. If the parents can agree on a schedule, courts will usually approve it.

Sometimes the non-primary parent gets a standard possession schedule, as described here, and sometimes the non-primary parent gets an "expanded" standard possession schedule, as described here. Sometimes parents get something altogether different, like a week-on/week-off schedule or other 50-50 arrangement.

But, in addition to all of that, one other option that parents have to maintain a relationship with their children is through electronic communication.

In 2007, the Texas Family Code added Section 153.015, entitled Electronic Communication with Child by Conservator. The term "conservator" is used for virtually all parents of minor children that go through the court system, whether in a divorce or custody case.

The code defines electronic communication as "any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media...[including] communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or we**am."

Unfortunately for parents that can't agree on the terms of the custody order and have to get the court to decide the terms for possession and access, the statute does not provide much guidance.

Per the code, if a parent is seeking Electronic Communication access, the Judge must...
https://www.dfwdivorce.com/post/child-custody-electronic-access-to-your-child

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.

12/09/2022

Texas No Fault Divorce: 5 Things to know

Texas No-Fault Divorce: Five Things to Know

No-Fault Divorce is often misunderstood. Many people think that since Texas has a no-fault statute, there is no issue of Fault in any divorce proceedings.

Some people think that no-fault Divorce means that it is instantaneous, or they equate no-fault with “simple.”

Here are five essential things to know about Texas No-Fault Divorce:

1. Fault can still be involved.

The Texas Family Code states clearly that “the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”

But it does not state that Fault cannot be alleged.

In fact, there are two other Statutes in the Family Code that discuss fault grounds that are often claimed: Cruelty and Adultery.

Cruelty can be mental, physical, or both.

And adultery can be acts that take place any time after the marriage and before the Divorce is finalized – even during Separation, while a divorce is pending.

What No-fault Divorce means is that there is no requirement to claim Fault. It does not mean that one or both parties cannot claim Fault.

2. No-Fault does not mean “Simple.”

Seeking a divorce on no-fault grounds has nothing to do with how complicated the Divorce may be. Even in a no-fault case, there may still be issues of division of retirement assets, division of real estate, payment of debts, contractual alimony, and spousal maintenance.

If there are children of the marriage, there will definitely be issues of conservatorship, residence of the children, possession schedules, child support, and health insurance.

A no-fault case may be extremely simple or very complicated. The issues of Fault often have little to do with the complexity of the case.


3. A No-fault Divorce is not necessarily faster.

In Texas, with rare exceptions, a court cannot grant a divorce until at least 60 days after the filing of the case.

The clock starts ticking from the date the case is filed with the District or County Clerk, not from any other point.

Serving the other party, telling the other party, or a signature on any document by the other party have nothing to do with the 60-day window.

But the 60 days is a minimum. It is not a maximum.

More importantly, unless the parties have entered into an agreement or have a court date set, the 60th day comes and goes, and nothing happens.

The court does not automatically take any action on the 60th day.

4. No-fault has nothing to do with representation.

Filing a case as no-fault has nothing to do with whether the parties are represented by lawyers.

In Texas, neither party is required to have a lawyer. Each is free to represent themselves.

Also, there is no requirement that both parties have a lawyer.

But it is absolutely against the rules for the same lawyer to represent both parties.

Any lawyer in the case can only represent one party and is ethically bound to not give advice to both parties.

5. No-fault does not mean “uncontested.”

Even lawyers sometimes refer to certain divorces as “Contested” or “Uncontested.”

But the truth is, there is no such thing as an “uncontested” divorce in the sense that it is a separate category of Divorce.

Every Divorce is a lawsuit.

Sometimes, it is an amicable lawsuit, where the parties get along from the beginning and throughout.

And sometimes, the case devolves into a hotly contested trial.

In Texas, some divorces even end in jury trials.

Even a no-fault case can end up there.

A divorce, fault or no-fault, will impact the rest of your life.

Making sure you understand the choices you have when going through a divorce can make all the difference in the world.

No-Fault Divorce is often misunderstood. Many people think that since Texas has a no-fault statute, there is no issue of Fault in any divorce proceedings.Som...

11/22/2022

Five Ways to Save Money in a Texas Divorce

Five Ways to Save Money in a Texas Divorce

Divorces can be expensive. Some can be very expensive. Some things happen in a divorce that you can’t control, and others that you can.

Listed below are five things you should be able to control that save you some money as you go through a divorce. All of these are based upon one simple idea — time is money. Therefore, when paying an attorney by the hour, the more attorney time you can save, the more money you will save yourself.

1. Respond to your attorney.

Your attorney is going to ask you for a great many things. Sometimes it’s as simple as “are you available for a hearing two weeks from Thursday.” Sometimes it’s for more complicated things, such as “I need copies of all of your bank statements for the last few years.” Whichever it is, ignoring the request will lead to...

Texas Divorce, Custody, and Family Law: Learn about simple steps that you can take to save money – sometimes significant money – in a Texas Divorce or Custod...

10/12/2022

Congratulations to Sarah Dika and Alexandria Maashio on Passing the Bar Exam!!! You are both awesome!!!

https://www.dfwdivorce.com/alexandria-maashio

https://www.dfwdivorce.com/sarah-dika

10/08/2022

Texas No-Fault Divorce: Five Things to Know

Texas No-Fault Divorce: Five Things to Know

No-Fault Divorce is often misunderstood. Many people think that since Texas has a no-fault statute, there is no issue of Fault in any divorce proceedings.

Some people think that no-fault Divorce means that it is instantaneous, or they equate no-fault with "simple."

Here are five essential things to know about Texas No-Fault Divorce:

1. Fault can still be involved.

Section 6.001 of the Texas Family Code states that "the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation." It does not state that Fault cannot be alleged.

In fact, there are two other Statutes in the Family Code that discuss fault grounds that are often claimed: Cruelty (Section 6.002) and Adultery (Section 6.003).

Cruelty can be mental, physical, or both. And adultery can be acts that take place anytime after the marriage and before the Divorce is finalized.

No-fault Divorce means that there is no requirement to claim Fault. It does not mean that one or both parties cannot claim Fault.

2. No-Fault does not mean "Simple."

Seeking a divorce on no-fault grounds has nothing to do with how complicated the Divorce may be. Even in a no-fault case, there may still be issues of division of retirement assets, division of real estate, payment of debts, contractual alimony, and spousal maintenance.

If there are children of the marriage, there will definitely be issues of...

No-Fault Divorce is often misunderstood. Many people think that since Texas has a no-fault statute, there is no issue of Fault in any divorce proceedings. Some people think that no-fault Divorce means that it is instantaneous, or they equate no-fault with “simple.” Here are five essential things...

10/07/2022

Welcome our newest Senior Associate Attorney – Jessica Juarez!!

Jessica Juarez is a 2015 graduate of Texas A&M School of Law where she competed on the prestigious Mock Trial Traveling Team and Moot Court Brief Writer Team.

https://www.dfwdivorce.com/jessica-juarez

09/29/2022

Beal Law Firm Names New Managing Attorney

Beal Law Firm Names New Managing Attorney

Ryan L. Asprion, an Associate Attorney with Beal Law Firm, PLLC, has been named Managing Attorney of the 30-year-old Family Law Boutique. A 1997 St. Mary's School of Law graduate, Asprion has extensive experience in multiple practice areas, including bankruptcy, civil litigation, criminal law, business transactions, and family law. She is licensed in both Texas state and federal courts.

Asprion joined BLF in May 2022 after discovering her passion for family law at the same firm where she had previously practiced Bankruptcy law for years. Born and raised in Texas and a longtime Southlake resident, Asprion obtained a Bachelor of Arts degree in psychology from Southern Methodist University while working as a legal assistant for a criminal defense practice.

As a law student, Asprion participated in the SMU Criminal Justice Clinical Program and was selected by her professors and supervising attorneys for the esteemed and rare honor of presenting oral argument to the United States Court of Appeals for the Fifth Circuit.

Beal Law Firm is a Texas law practice that exclusively handles family law, divorce, child custody...

Ryan L. Asprion, an Associate Attorney with Beal Law Firm, PLLC, has been named Managing Attorney of the 30-year-old Family Law Boutique. A 1997 St. Mary's School of Law graduate, Asprion has extensive experience in multiple practice areas, including bankruptcy, civil litigation, criminal law, busin...

08/13/2022

Divorce and Custody - Senior Family Law Associate

Do you truly care about your clients and genuinely want to help them?

Do you want the ultimate in flexibility and autonomy?

Do you want to work with high-quality people and have the best in support and technology?

And finally, do you know what you’re doing in Texas Family Law?

https://bealfirm.bamboohr.com/jobs/view.php?id=46&source=aWQ9Mw%3D%3D

Do you truly care about your clients and genuinely want to help them? Do you want to make top of the market money and have top of the market benefits? Do you want the ultimate in flexibility and autonomy? Do you want to work with high-quality people and have the best in support and technology?

07/01/2022

Beal Law Firm Adds Former Special Litigator to the Team

Beal Law Firm Adds Former Special Litigator to the Team

Robert Hight is now a part of the Beal Law Firm Team as a Senior Associate attorney. Hight handles all types of family law - Divorce, Custody, Support, etc. - for clients throughout the Dallas-Fort Worth area and may be the most experienced child support litigator to ever work at the Firm.

Prior to starting at BLF, Hight was a Special Litigator for the Texas Office of the Attorney General. A Special Litigator is the highest "ranking" Assistant Attorney General in a child support division region that still actually litigates - meaning that he was in the courtroom and not just a manager.

In his role as Special Litigator, Hight handled complex and sensitive cases for the OAG and ensured that the attorneys under him were engaging in best litigation practices. Additionally, Hight trained young attorneys at the Office of the Attorney General and was on the OAG Child Support Division Forms Committee, which means that he helped draft and oversaw changes to the OAG's standard petitions, orders, and other forms.

In addition to the substantial experience that he brings to the table, Hight has academic credentials to match. Hight graduated from the highly ranked University of Texas School of Law with honors in 2010, and prior to that was the Salutatorian of the Classics program at Baylor University. While at the Office of the Attorney General, Hight won the AAG of the Year award.

A native of the Park Cities, Hight attended and played football at the highly ranked Highland Park High School in Dallas, but now his free-time interests focus much more on his family and love of chess.

Robert Hight is now a part of the Beal Law Firm Team as a Senior Associate attorney. Hight handles all types of family law – Divorce, Custody, Support, etc. – for clients throughout the Dallas-Fort Worth area and may be the most experienced child support litigator to ever work at the Firm. Prior...

06/10/2022

Gambling at the Courthouse

Do you like to gamble? Have you ever lost badly? Can you imagine how badly you could lose if you don't know the rules of the game?

That's what I thought of the other day, as I watched a Family Law hearing.

I was in the courthouse giving one of our new employees a tour. While we were there, we decided to sit in on some "prove-up" hearings that were happening. These hearings were the type in which the attorney presenting the evidence is an Assistant Attorney General.

The mom was there, but the father did not show up. And according to the mom's testimony, dad had not provided any support prenatal or otherwise.

This is what's called a taking a Default. You "win" because the other side didn't show up. Within reason and the bounds of the law, you can typically get whatever you want at a default hearing. You should get the ultimate "good deal" at a default.

Only this time, the mother did not.

Why?

Because she was unrepresented. She was Pro Se. The Attorney General did not represent her - technically, he represented the "interest of the state in the child."

So what happened? The mom got a much worse deal than...
https://www.dfwdivorce.com/post/2019/07/31/gambling-at-the-courthouse

05/04/2022

Thirty Years: Beal Law Firm’s First 30 Years

Thirty Years: Beal Law Firm’s First 30 Years

Thirty years is a long time. Do you know where you were 30 years ago? I know where I was.

I was sitting in a tiny office about a third of the size of the one that I had had less than two years earlier when I first got out of law school. I had read a book that explained the best strategy for starting your own law firm and had decided that the time was right to start mine...

Thirty years is a long time. Do you know where you were 30 years ago? I know where I was. I was sitting in a tiny office about a third of the size of the one that I had had less than two years earlier when I first got out of law school. I had read a book that explained the best strategy for starting...

04/15/2022

Beal Law Firm, PLLC - DFW Division - Joe T Garcia’s - April 15, 2022...

02/26/2022

BEAL LAW FIRM added a button to help you learn more about them.

BEAL LAW FIRM added a button to help you learn more about them.

02/24/2022

Child Support: The Economy is Changing. Does your Child Support need to?

Child Support: The Economy is Changing. Does your Child Support need to?

You’ve seen the news. Inflation is up. School and pre-school schedules are uncertain. Jobs are available, but some don’t pay a “living wage.” And there is a lot of flux in the Texas Economy right now.

All of those changes can have an effect on your ability to pay the bills and provide for yourself and your children. Additionally, if you are paying child support, they can have an effect on your ability to pay your support and to provide for children that are a product of a new relationship.

The current economic changes may also cause someone to need Child Support that simply didn’t before. You may need money now that you could get by without before.

Texas Child Support is established under the Texas Family Code. The Court has the power to order that support be paid, how much is to be paid, and how it is to be paid.

The Court also has the power to enforce prior orders and to modify or change orders that were previously put in place. These changes can be made on a Temporary or Permanent basis.

Texas Code Chapter 156 provides...

https://www.dfwdivorce.com/post/child-support-the-economy-is-changing-does-your-child-support-need-to

You’ve seen the news. Inflation is up. School and pre-school schedules are uncertain. Jobs are available, but some don’t pay a “living wage.” And there is a lot of flux in the Texas Economy right now. All of those changes can have an effect on your ability to pay the bills and provide for yo...

01/27/2022

12/05/2021

BEAL LAW FIRM

Timing Your Case – When Should I file?

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 I want it over with?”

In a sense, that’s a really easy question, but the answer is not very satisfying.

You don’t. And more importantly, you can’t.

I’ve been a lawyer now for over 31 years. I’ve practiced in virtually every type of court in the State of Texas. Additionally, I’ve read more cases than I could possibly go back and figure out and have been around at least hundreds, if not thousands, more.

Other than certain types of cases with strict deadlines – like Mental Health Commitment hearings – there is no way of knowing how long a case will take from initiation to conclusion.

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...

https://www.dfwdivorce.com/post/timing-your-case-when-should-i-file

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

04/23/2021

BEAL LAW FIRM

Intake and Legal Assistant, Jacqueline Kowena, Beal Law Firm, PLLC

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

04/23/2021

Divorce and Custody Attorneys | Beal Law Firm | Texas

Associate Attorney, Chrystie Hilburn, Beal Law Firm, PLLC

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. Trusted attorneys – Call now.

10/02/2020

The Risks of Separation | Beal Law Firm | Texas

If you are married and living together, that's fantastic. If you can save your marriage, save it.

But 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.

https://www.dfwdivorce.com/the-risks-of-separation

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.