Warren & Migliaccio, L.L.P.

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Divorce - Frequently Asked Questions

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

Post by Christopher Migliaccio

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, Divorce

When to introduce new boyfriend to my kids?

Post by Christopher Migliaccio

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. It’s really… Read More

FAQ Category: Divorce

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

Post by Christopher Migliaccio

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 objection to the order. Per Texas Family Code… Read More

FAQ Category: Divorce

What is collaborative divorce?

Post by Christopher Migliaccio

Collaborative divorce in Texas is an alternative way to settle a dispute involving collaborative law. Instead of using the court system, both sides negotiate issues such as division of assets, child custody, alimony and more. The process ends if an agreement isn’t reached or if one spouse insists on taking the matter to court. How… Read More

FAQ Category: Divorce

Can I have someone spy to catch my cheating spouse?

Post by Christopher Migliaccio

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 no-fault divorces, meaning it’s… Read More

FAQ Category: Divorce

What’s considered a legal separation?

Post by Christopher Migliaccio

Legal separation refers to the process whereby couples are living physically apart and the courts have the ability to make rulings regarding martial matters prior to divorce. The State of Texas does not allow or recognize legal separations. Temporary Agreements During a Pending Divorce Legal separations may not be valid in Texas, but couples can… Read More

FAQ Category: Divorce

What are the consequences of dating during a divorce?

Post by Christopher Migliaccio

Dating during divorce can have consequences on how your marital property is divided and whether or not you receive alimony. Furthermore, when you date during divorce, your new significant other may be under scrutiny in your custody case. Courts May Disproportionately Divide Marital Property  Texas is a community property state. This means that when a… Read More

FAQ Category: Divorce

What are the common grounds for divorce in Texas?

Post by Christopher Migliaccio

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 compatible any longer and you don’t feel… Read More

FAQ Category: Divorce

What is considered adultery in a divorce case?

Post by Christopher Migliaccio

If you’re facing divorce, you likely have a good idea what led to the breakdown of your marriage. For those who experienced adultery in their marriages, it may seem clear what happened: one spouse cheated on the other. While it may seem clear from an emotional and social standpoint, the legal viewpoint is the only… Read More

FAQ Category: Divorce

What does “reasonable visitation” mean?

Post by Christopher Migliaccio

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 the non-custodial parent adequate time with… Read More

FAQ Category: Child Custody, Divorce

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3600 Shire Blvd #205
Richardson, Texas 75082
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10440 N Central Expy #800
Dallas Texas 75231
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