YouTube Videos Archive - Divorce Attorneys & Family Law Firm in Flower Mound, Lewisville & McKinney

Physical Custody— Family Law 101

by JWilson@2020Rocks | Sep 12, 2023

In Texas, there is a presumption that the “Standard Possession Order,” also referred to as “SPO,” is in the best interest of the child. SPO provides a visitation schedule that allows both parents to see the children. The parent with visitation, known as the “possessory conservator,” would have the child for regular visitation every other weekend, plus one night per week. That parent would also enjoy 30 days of summer visitation. Additionally, parents alternate holidays and spring bring each year. The days not specifically awarded to the possessory conservator are awarded to the other parent, who we refer to as the “primary custodian.” This “primary” parent would have the exclusive right to establish the residence of the child.

The Standard Possession Order changes slightly depending on the distance between the parents’ residences.

While SPO is the presumed schedule, the parties are free to agree to something completely different. We are able to work with you to create a schedule that is custom to the needs of your family, whatever that may be.

At the end of the day, the Court is always going to do what it finds to be in the “best interest of the child.” If an order for no access or supervised visitation is required, we will draft and propose an Order that protects your child." data-full-res="https://i.ytimg.com/vi/HJCCBWvVuKs/maxresdefault.jpg" data-img-src-set="{"120":"https:\/\/i.ytimg.com\/vi\/HJCCBWvVuKs\/default.jpg","320":"https:\/\/i.ytimg.com\/vi\/HJCCBWvVuKs\/mqdefault.jpg","480":"https:\/\/i.ytimg.com\/vi\/HJCCBWvVuKs\/hqdefault.jpg","640":"https:\/\/i.ytimg.com\/vi\/HJCCBWvVuKs\/sddefault.jpg"}" data-video-id="HJCCBWvVuKs"> YouTube Video UExIWjhNMW9sNXpnaWN5ZGlPOEUyMTZWZlY3aWdEbVFsOC4wOTA3OTZBNzVEMTUzOTMy

Physical Custody— Family Law 101

Physical Custody deals with a party’s right to possession and access of the children. In short, physical custody describes where a child will sleep each night and the visitation schedule. In Texas, there is a presumption that the “Standard Possession Order,” also...

Hybrid Property — Family Law 101

by JWilson@2020Rocks | Sep 12, 2023

Hybrid property is property that has transmuted over time. At one time, the property was separate property, however, over time, the property changed. This could be because it generated income or increased in value during the marriage, or because it was commingled or mixed with community property in a way that it cannot be traced back to its separate property status.

An example could be a retirement account that one spouse established prior to the marriage. The amounts in the account prior to the marriage would be separate property, however, the increases that occurred during the marriage would be community property that is subject to division.

During your consultation, we should discuss the potential property division." data-full-res="https://i.ytimg.com/vi/PcS2sq0GUfA/maxresdefault.jpg" data-img-src-set="{"120":"https:\/\/i.ytimg.com\/vi\/PcS2sq0GUfA\/default.jpg","320":"https:\/\/i.ytimg.com\/vi\/PcS2sq0GUfA\/mqdefault.jpg","480":"https:\/\/i.ytimg.com\/vi\/PcS2sq0GUfA\/hqdefault.jpg","640":"https:\/\/i.ytimg.com\/vi\/PcS2sq0GUfA\/sddefault.jpg"}" data-video-id="PcS2sq0GUfA"> YouTube Video UExIWjhNMW9sNXpnaWN5ZGlPOEUyMTZWZlY3aWdEbVFsOC41MjE1MkI0OTQ2QzJGNzNG

Hybrid Property — Family Law 101

Before property can be divided in a divorce, the Court must determine whether the property is community property, separate property, or hybrid property (which is both). Hybrid property is property that has transmuted over time. At one time, the property was separate...

Tracing Property — Family Law 101

by JWilson@2020Rocks | Sep 12, 2023

Separate property may change form, be exchanged, or even sold during your marriage. This is when “tracing” is necessary. Tracing is the method used to determine your separate property when it may have changed throughout the marriage. Tracing follows the property throughout the marriage and can be thought of as connecting the dots. You begin with the separate property and then follow each transaction or change of property up until the time of divorce. By this process you can show that a different item is still your separate property at the time of divorce.

If you sold that piece of property after you married your spouse, and then purchased another property solely with the proceeds, this would likely keep its separate property nature. On the other hand, if you sold your property then deposited the funds into a bank account that you and your spouse own jointly, we would have to determine how much of the account was separate and how much of the account was community property. Sometimes, experts are required to help us determine these amounts." data-full-res="https://i.ytimg.com/vi/XZAa1jYLwP4/maxresdefault.jpg" data-img-src-set="{"120":"https:\/\/i.ytimg.com\/vi\/XZAa1jYLwP4\/default.jpg","320":"https:\/\/i.ytimg.com\/vi\/XZAa1jYLwP4\/mqdefault.jpg","480":"https:\/\/i.ytimg.com\/vi\/XZAa1jYLwP4\/hqdefault.jpg","640":"https:\/\/i.ytimg.com\/vi\/XZAa1jYLwP4\/sddefault.jpg"}" data-video-id="XZAa1jYLwP4"> YouTube Video UExIWjhNMW9sNXpnaWN5ZGlPOEUyMTZWZlY3aWdEbVFsOC4wMTcyMDhGQUE4NTIzM0Y5

Tracing Property — Family Law 101

There are different ways to establish a separate property claim. If you currently own a piece of real estate that you purchased prior to your marriage, you simply have to show the date you received the title. This is called the “Inception of Title Rule.”...

Separate Property

by JWilson@2020Rocks | Sep 12, 2023

Unlike community property, separate property is not divided in a divorce. The Court cannot award one spouse separate property to the other spouse. Instead, the spouse who owns the separate property will be awarded that property, and the Final Divorce Decree will confirm that property as the owning spouse’s separate property.

Separate property is limited. A party making a separate property claim must overcome the community property presumption by proving the property was either:
(1) owned by one spouse prior to the marriage,
(2) received as a gift to one spouse,
(3) inheritance, or
(4) based on some personal injury claims.
The spouse claiming to have separate property has the burden of proof. That means the claiming spouse must prove, by clear and convincing evidence, that the property meets one of those limited definitions that we just reviewed.

To satisfy this burden of proof and protect your separate property claim, it is important to disclose all of your property to your attorney. Hidden assets can be subject to future division by the Court when they are later discovered.
Please note that sometimes separate property is not an asset, and is instead a liability. Separate debts, which are debts incurred before the marriage, are not divided by the Court. Debts incurred during the marriage, however, may become the responsibility of the community. This means that it is possible to be held responsible for the debts that your spouse is incurring right now, even if you consider yourselves separated. This is why it is important to have an attorney help you finalize your divorce quickly. There is no legal separation in Texas." data-full-res="https://i.ytimg.com/vi/VqWQP6EceIo/maxresdefault.jpg" data-img-src-set="{"120":"https:\/\/i.ytimg.com\/vi\/VqWQP6EceIo\/default.jpg","320":"https:\/\/i.ytimg.com\/vi\/VqWQP6EceIo\/mqdefault.jpg","480":"https:\/\/i.ytimg.com\/vi\/VqWQP6EceIo\/hqdefault.jpg","640":"https:\/\/i.ytimg.com\/vi\/VqWQP6EceIo\/sddefault.jpg"}" data-video-id="VqWQP6EceIo"> YouTube Video UExIWjhNMW9sNXpnaWN5ZGlPOEUyMTZWZlY3aWdEbVFsOC4yODlGNEE0NkRGMEEzMEQy

Separate Property

Separate Property— Family Law 101 Unlike community property, separate property is not divided in a divorce. The Court cannot award one spouse separate property to the other spouse. Instead, the spouse who owns the separate property will be awarded that property, and...

Child Support 101— An Overview of Texas Child Support

by JWilson@2020Rocks | Aug 29, 2023

These guidelines require that the noncustodial parent pay 20% of his or her net income for the first child, then an additional 5% of his or her net income per additional child up to 5 children. If there are 5 children in a case, the noncustodial parent would be required to pay 40% of his or her net income as child support. An unemployed or underemployed parent is still required to pay child support. That parent may have income imputed to them. That means, the Court will determine the income amount to use to calculate child support based on that parent’s background, skills, and education. Child support payments are made through the State Disbursement Unit because the OAG oversees the account. A failure to pay child support can lead to a finding of contempt, which may include penalties, such as jail." data-full-res="https://i.ytimg.com/vi/LNXwsjw3avk/maxresdefault.jpg" data-img-src-set="{"120":"https:\/\/i.ytimg.com\/vi\/LNXwsjw3avk\/default.jpg","320":"https:\/\/i.ytimg.com\/vi\/LNXwsjw3avk\/mqdefault.jpg","480":"https:\/\/i.ytimg.com\/vi\/LNXwsjw3avk\/hqdefault.jpg","640":"https:\/\/i.ytimg.com\/vi\/LNXwsjw3avk\/sddefault.jpg"}" data-video-id="LNXwsjw3avk"> YouTube Video UExIWjhNMW9sNXpnaWN5ZGlPOEUyMTZWZlY3aWdEbVFsOC41NkI0NEY2RDEwNTU3Q0M2

Child Support 101— An Overview of Texas Child Support

Every parent has an obligation to financially support his or her children. Typically, the Court orders the non-custodial parent, which is the parent that doesn’t not have primary custody, to pay the custodial parent child support to help offset child rearing expenses....

Physical Custody— Family Law 101

Hybrid Property — Family Law 101

Tracing Property — Family Law 101

Separate Property

Child Support 101— An Overview of Texas Child Support

Contact Us

We are here to help

From Our Clients

Lewisville Office (Corporate)

Flower Mound Office

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.