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You are here: Home / Archives for Divorce

My Wife Moved Out What Are My Rights and How Do I Protect Them

April 27, 2026
By Christopher Migliaccio

Young frustrated sad man holding wedding engagement ring, wife or girlfriend leaving depressed heartbroken husband, couple breaking up divorce concept, relationships breakup, proposal rejection

If your wife moved out, you may be wondering, “my wife moved out what are my rights”. You may feel unsure about what to do next and how to handle your home, property, child custody, and finances. As the remaining spouse, this change in living arrangements can feel overwhelming. This article will … [Read more...]

Categories: Divorce Tagged: Divorce, Divorce & Your Children, Divorce Law

Moving Out of State With a Child Before Divorce: What Texas Law Says

April 16, 2026
By Christopher Migliaccio

Open folder labeled "parenting plan" with a gold pen on a marble surface. Text reads: “Moving Out of State With a Child Before Divorce: What Texas Law Says.”.

Moving out of state with a child before divorce is not automatically illegal in Texas when no court order exists — but it can trigger emergency motions, damage your custody position, and shift jurisdiction away from Texas under the UCCJEA. The answer depends on whether anyone has filed anything with … [Read more...]

Categories: Child Custody, Divorce

How Long Does Spousal Support Last in Texas? What Texas Law Says

April 10, 2026
By Christopher Migliaccio

How long court-ordered spousal maintenance lasts in Texas usually depends on the length of the marriage, but there are exceptions. Under Tex. Fam. Code § 8.054, maintenance generally lasts no more than five years in certain family-violence cases involving marriages under 10 years and in marriages of … [Read more...]

Categories: Divorce

Questions to Ask a Family Lawyer During Your First Consultation

April 7, 2026
By Christopher Migliaccio

An open clipboard with lined paper and printed questions, a gold pen, and two closed blue folders on a white marble surface.

The most important questions to ask a family lawyer during consultation cover their experience with cases like yours, how they structure fees, who handles your case day to day, how they'll communicate with you, and what outcomes are realistic under Texas law. Walking in prepared helps you compare … [Read more...]

Categories: Child Custody, Divorce

Health Insurance After Divorce in Texas: What You Need to Know

March 24, 2026
By Christopher Migliaccio

A gold-sealed divorce decree on a light desk detailing health insurance after a Texas divorce. Warren & Migliaccio, L.L.P.

If you are on your spouse's health insurance plan, do not assume coverage lasts until or beyond the day the judge signs your divorce decree. In many employer plans, divorce ends your eligibility as a spouse when the divorce becomes final, while Texas courts can use temporary restraining orders or … [Read more...]

Categories: Divorce

Is Spousal Support Taxable in Texas? What the Law Actually Says

March 4, 2026
By Christopher Migliaccio

A divorce decree, IRS documents, date stamp, and tax booklets labeled "PRE-2018" and "POST-2018" are arranged on a desk next to the question: Is Spousal Support Taxable in Texas?.

For most Texas divorce or separation instruments executed after December 31, 2018, qualifying spousal support is not taxable to the recipient and not deductible to the payer. Pre-2019 orders may still use the older deductible-and-taxable rules unless a later modification expressly adopts the newer … [Read more...]

Categories: Divorce

Divorce Mistakes to Avoid in Texas: What Texas Law Says

February 24, 2026
By Christopher Migliaccio

A stack of legal documents titled "Final Decree" sits next to a pen, calendar, and notary stamp, with text reading "Divorce Mistakes to Avoid in Texas.

The biggest divorce mistakes to avoid in Texas include hiding assets, posting on social media, letting emotions drive decisions, ignoring temporary orders or county standing orders, and rushing into a Final Decree you do not understand. Who This Helps vs. Who Needs Something Else This guide … [Read more...]

Categories: Divorce

How to Help Your Child Cope With Divorce in Texas

February 5, 2026
By Christopher Migliaccio

Illustration of a child holding a teddy bear, surrounded by images of upset parents, custody schedules, a house, and a car with luggage, representing coping with divorce in Texas.

How to help your child cope with divorce in Texas starts with calm, honest talks, a steady routine in both homes, and keeping them out of adult conflict. Plan for exchange days and schedule changes early, because Texas possession schedules can be hardest on kids during transitions. … [Read more...]

Categories: Divorce

What Am I Entitled to in a Divorce in Texas?

November 22, 2025
By Christopher Migliaccio

Brown wooden cottage with keys, in the background the woman is signing a paper

Are you also questioning, what am I entitled to in a divorce in Texas? In a Texas divorce, you may be entitled to a fair share of community property (assets and debts acquired during the marriage), possible spousal maintenance, and child-related support based on your children’s needs and your … [Read more...]

Categories: Divorce Tagged: community property, Dallas Divorce Attorney, Divorce, Divorce Law, divorce law texas

How Long Does A Divorce Take In Texas With Children? Timeline & What to Expect

November 21, 2025
By Christopher Migliaccio

Sad little girl, sofa and parents in conflict, disagreement or fight in the living room at home. Family, divorce and husband in argument with wife and unhappy child on lounge couch in depression

Key Takeaways In Texas, a divorce with children takes at least 60 days. Uncontested cases usually finish in 3–4 months, while contested custody cases often take 6–18+ months. ● Texas law imposes a mandatory 60-day waiting period after filing for divorce. … [Read more...]

Categories: Divorce Tagged: Child Custody Tag, Child Support Tag, Divorce, Divorce & Your Children, Divorce Lawyer Dallas, family law attorney

Can You Get Divorce Without Your Spouse Signature in Texas? Here’s How

November 19, 2025
By Christopher Migliaccio

Hands of wife and husband signing divorce documents or premarital agreement at the lawyer's office

Can you get divorce without your spouse signature? Yes. In Texas, one spouse can end the marriage without the other’s signature. After filing and proper service, the court can finalize by default if the other spouse doesn’t respond, or after a hearing if issues are contested. A judge still decides … [Read more...]

Categories: Divorce Tagged: Divorce, Divorce Law, Divorce Lawyer Dallas, divorce proceedings, Divorce tag, Texas divorce attorney

Are divorce records public in Texas? Understanding access and privacy

November 18, 2025
By Christopher Migliaccio

Divorce agreement, hand fills out a document, legal proceedings, signing the decree, ending the marriage

Quick Answer: Are divorce records public in Texas? Most Texas divorce records are public, but you can access them safely and protect sensitive details through clerk requests, required redactions, and targeted sealing motions under Texas civil procedure rules. … [Read more...]

Categories: Divorce Tagged: Divorce, divorce attorney texas, Divorce Law, divorce records, Texas family law attorney

Dividing RSUs and Stock Options in Texas Divorce: A Guide to Complex Assets

November 13, 2025
By Christopher Migliaccio

Money for a wedding, a marriage contract, divorce

Quick answer In a North Texas divorce, RSUs and employee stock options granted during the marriage are often community property. The court can divide them under Texas’s “just and right” rule (Texas Family Code § 7.001). Texas law also uses clear time-based formulas to decide what part of each … [Read more...]

Categories: Divorce Tagged: Divorce, Divorce Law, Property Division, Stock options in divorce, Texas divorce lawyer

Texas Divorce: How to Handle Cryptocurrency Assets

October 17, 2025
By Christopher Migliaccio

Dealing with a Texas divorce can be tough enough, but when you throw cryptocurrency into the mix, it gets even trickier. You know, like when you’re trying to figure out how to split up assets, and one of you has been collecting Bitcoin or Ethereum. It’s not like dividing up the old VCR or even … [Read more...]

Categories: Divorce Tagged: Asset distribution, community property, Dallas Divorce, Divorce, Property Division, separate property, texas divorce, Texas divorce attorney, texas divorce law, Texas divorce lawyer

Pet Custody In Texas Divorce — A North Texas guide

October 8, 2025
By Christopher Migliaccio

curly happy african american woman smiling while cuddling labrador in pet-friendly hotel room

Plain-English Definition of Pet Custody in Texas Divorce Pet custody in Texas divorce is the award of a pet as property in a "just and right" division—not child-style custody or visitation. Pets are treated as personal property under Texas Family Code, with limited exceptions for service … [Read more...]

Categories: Divorce Tagged: Divorce, Divorce Law, Pet custody in divorce, pet custody texas, Texas divorce lawyer

Navigating Reimbursement Claims in Texas Divorce: A Practical Guide

October 3, 2025
By Christopher Migliaccio

reimbursable expenses. light wooden background. text on a notepad. red pencil and paper clips

A reimbursement claim asks a Texas court to compensate one marital estate (community or separate) because its property paid debts, made improvements, or contributed time, toil, talent, or effort to another estate without adequate pay. Otherwise the benefited estate would be unjustly enriched (Tex. … [Read more...]

Categories: Divorce Tagged: community property, Divorce, Divorce Law, reimbursement claim texas, Texas divorce attorney

Protective Orders in Texas Divorce

September 10, 2025
By Christopher Migliaccio

Lawyer shows info about Protective Order rules.

In a Texas divorce, a protective order is a court order that quickly restricts contact, sets safety rules, can grant exclusive home use, and affects parenting time. Judges often hold a hearing within 14 days, and violating the order is a crime enforced by police. During a Texas divorce, … [Read more...]

Categories: Divorce Tagged: Divorce, divorce attorney texas, Divorce Law, divorce law texas, protective order

Tracing Separate Property in Texas Divorce

September 4, 2025
By Christopher Migliaccio

A man gives husband part of house after a divorce. Division of jointly acquired property, conclusion of a marriage contract. Dispute between spouses. Protection of rights, conflict resolution.

In a Texas divorce, you prove separate property by rebutting the community presumption with clear and convincing evidence that tracks the asset from separate source to today through any mutations. Bank records, deeds, closing papers, and expert tracing schedules typically supply the proof courts … [Read more...]

Categories: Divorce Tagged: Divorce, Divorce Law, family attorney, Property Division, separate property

How to Choose a Family Law Attorney in North Texas

August 22, 2025
By Christopher Migliaccio

Male Attorney With Arms Crossed. Lawyer In Office

To choose the right family law attorney in Texas, prioritize deep family-law experience and DFW courtroom knowledge, and confirm how they will handle temporary orders, costs, and communication so you understand next steps and realistic timelines, and feel confident the strategy fits your goals and … [Read more...]

Categories: Child Custody, Divorce Tagged: Child Custody Tag, Child Support Tag, Divorce, Divorce & Your Children, Divorce Law, Texas family law attorney

Can Your Spouse Take Your Vehicle in Texas? Understanding Your Rights During Divorce

June 30, 2025
By Christopher Migliaccio

Young man screaming at a woman in car

When Maria found out her husband took the family car without her permission during their separation, she panicked. The car was in her name and bought before they got married. But he said it belonged to both of them since they used joint funds for repairs. If you are in a similar situation in … [Read more...]

Categories: Divorce Tagged: community property, Divorce Law, Texas divorce attorney

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is Co-Founding Partner and Managing Partner of Warren & Migliaccio, L.L.P., where along with Gary Warren he leads a team of attorneys serving Texas families since 2006. A graduate of Thomas M. Cooley School of Law with a B.A. in Accountancy, he oversees the firm's practice areas including debt defense, bankruptcy, divorce, child custody, and estate planning.

Licensed by the State Bar of Texas (#24053059 ✓), Christopher and his team serve clients statewide for debt defense and estate planning matters, while focusing on North Texas families for bankruptcy and family law cases. His unique financial background and nearly two decades of leadership enable him to ensure each client receives compassionate, strategic guidance.

If you have questions about this article, contact Christopher Migliaccio to discuss your situation.

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