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You are here: Home / Archives for Family Law / Divorce

Divorce - Frequently Asked Questions

What is the fastest legal means to get child support in Texas Divorce.

June 5, 2018
Written by Christopher Migliaccio | Last updated on December 7, 2023

Child support is typically ordered in a Final Decree of Divorce.  Texas law requires a 60 day cooling off period after you file for divorce before the court can grant the divorce and sign the Final Decree of Divorce.  If the divorce is contested, you may often be looking at well over 6 months or … [Read more...]

FAQ Category: Child Support FAQ, Divorce

When to introduce new boyfriend to my kids?

July 24, 2014
Written by Christopher Migliaccio | Last updated on June 12, 2025

When you're dating after divorce and have kids in Dallas, the general rule for introducing your new boyfriend to the kids is to wait until you know that the new partner is a serious match. Several months or more of serious dating may be appropriate before he should make contact with your children. … [Read more...]

FAQ Category: Divorce

Mediation Rules: Does the victim of domestic violence have to go to mediation?

June 26, 2014
Written by Christopher Migliaccio | Last updated on May 27, 2025

The victim of domestic violence doesn't have to go to mediation with the other spouse. Texas law has clear protections for mediation and domestic violence victims. Mediation rules provide that if a judge orders mediation in a divorce involving domestic violence, the victim can file a written … [Read more...]

FAQ Category: Divorce

Can I have someone spy to catch my cheating spouse?

May 27, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

Before deciding to have someone spy on your husband to catch your cheating spouse in Plano, it’s important to understand how adultery impacts a divorce. If you think your husband is cheating, it’s also critical to know how to prove it. The Impact of Adultery on a Texas Divorce Texas recognizes … [Read more...]

FAQ Category: Divorce

What are the common grounds for divorce in Texas?

November 6, 2013
Written by Christopher Migliaccio | Last updated on December 15, 2023

A groom and bride wedding cake toppers standing next to a red heart that is cut in have jaggedly representing a broken heart

The most common grounds for divorce in Texas is what’s referred to as “insupportability.” Texas is a no-fault state, meaning that spouses don’t necessary have to have a reason for filling for divorce other than the fact they think the marriage can’t be saved. If your personalities aren’t … [Read more...]

FAQ Category: Divorce

What does “reasonable visitation” mean?

May 1, 2013
Written by Christopher Migliaccio | Last updated on December 7, 2023

A dad holding his daughter on his shoulders and the two are smiling and having fun

Visitation rights for non-custodial parents may be complicated if a judge orders a ‘reasonable visitation’ schedule in a Texaschild custody case. This generally means that the court requires the parents to work out a schedule that is in the child’s best interests, is fair to both parents, and allows … [Read more...]

FAQ Category: Child Custody FAQ, Divorce

Will adultery affect a child custody decision?

March 21, 2013
Written by Christopher Migliaccio | Last updated on December 7, 2023

A woman looking at her husbands phone and looks angry while she shows the husband

Adultery leading to divorce in Texas may affect a Texas child custody case. In a child custody case, the court’s responsibility is to do what is in the best interest of the child by looking at both parents’:  character; financial viability; and living situation to determine a safe and … [Read more...]

FAQ Category: Child Custody FAQ, Divorce

Who gets the tax deduction for children after divorce?

February 26, 2013
Written by Christopher Migliaccio | Last updated on December 7, 2023

A drawing of scissors cutting the word tax on a blackboard

A tax deduction for children typically is available only to the custodial parent, who may claim the child as a dependent. But there are a few exceptions to this rule that may allow non-custodial parents to claim child tax deductions. Possible Tax Deductions for Children  Having a dependent child … [Read more...]

FAQ Category: Child Custody FAQ, Divorce

Are their unique issues in a same-sex custody case?

February 11, 2013
Written by Christopher Migliaccio | Last updated on December 7, 2023

Two married men sitting on the ground with their son and daughter

In a same-sex custody case, non-biological parents may face problems regarding their status as the child’s legal parent. If the non-biological parent did not adopt the child, then legally this may affect his or her status as the child’s parent and could be detrimental to any push to obtain custody … [Read more...]

FAQ Category: Child Custody FAQ, Divorce

What are the Texas separation laws?

May 16, 2012
Written by Christopher Migliaccio | Last updated on November 26, 2023

There are no Texas separation laws. In other words, a separation is not legally-binding. If you are dealing with a complicated case and require legal assistance, a divorce lawyer at Warren & Migliaccio may be able to help. The state of Texas is considered a community property state. This … [Read more...]

FAQ Category: Divorce

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

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