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Frequently Asked Questions

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  • Bankruptcy
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  • Property Division
  • Spousal Maintenance and Support
  • Family Law
    • Child Custody
    • Child Support
    • Divorce

Debt Collector Harrassment: What To Do

August 1, 2014
Written by Christopher Migliaccio | Last updated on May 22, 2025

If you are receiving non-stop phone calls from debt collectors, you have the right to stop the collection calls. The Fair Debt Collection Practices Act (FDCPA) makes it illegal for debt collectors to engage in certain harassing and abusive behavior in an effort to collect a debt. That includes making harassing phone calls. Consumers should… Read More

FAQ Category: Bankruptcy

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. It’s really… Read More

FAQ Category: Divorce

Paternity test for child support collection?

July 10, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

In Texas, establishing paternity is different for married and unmarried couples. In the case of a married couple, Texas automatically recognizes the husband as the legal father of the child. In such cases, when the marriage ends in divorce, the wife does not need to get a paternity test for child support. How child support… Read More

FAQ Category: Child Support FAQ

What is marital property?

July 8, 2014
Written by Christopher Migliaccio | Last updated on October 6, 2023

Texas is a community property state; therefore, the marital property definition includes community property — the property that the spouses acquired jointly during the marriage. This property belongs to both spouses. All the assets that are included in this category are subject to equitable distribution during a divorce. Houses, cars and other assets acquired during… Read More

FAQ Category: Property Division

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

FAQ Category: Divorce

What can I do if I’m in an abusive marriage?

June 17, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

If you’re in an abusive marriage, it’s important to seek domestic abuse help immediately. If facing an imminent threat of danger, contact the police. At the very least, seek domestic violence help from a battered woman’s shelter, counselor or others who can provide assistance. Abuse oftentimes creates a feeling of helplessness. The abuser may have… Read More

FAQ Category: Spousal Maintenance and Support

Can I get a temporary emergency custody order in Texas?

June 5, 2014
Written by Christopher Migliaccio | Last updated on May 27, 2025

As a family law attorney in Texas, I’ve encountered many parents facing urgent circumstances that require immediate action to protect their children. Today, I want to share the story of Jess, who found herself in a challenging situation that called for an emergency custody order to ensure the safety of her children. Jess called me… Read More

FAQ Category: Child Custody FAQ

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

FAQ Category: Divorce

What are the Types of Child Custody Orders in Texas?

May 18, 2014
Written by Christopher Migliaccio | Last updated on August 29, 2024

This blog has been rewritten as of August 29, 2024. Please read the updated version at https://www.wmtxlaw.com/understanding-child-custody-orders-in-texas/. General Guidelines Custody.  The key for every custody decision in Texas is what is in the best interest of the child. It is not what is in the best interest of the parent. Texas law uses different terms… Read More

FAQ Category: Child Custody FAQ, Family Law

Child Custody Mediation vs. Court Setting

May 14, 2014
Written by Christopher Migliaccio | Last updated on August 9, 2023

In most cases, mediation is a much better option for determining child custody arrangements than a drawn-out court battle, it can:  result in a faster resolution; encourages communication between both parties; and be much cheaper than having the courts settle your custody matters.  Understanding How Mediation Works Child custody mediation can be a good alternative… Read More

FAQ Category: Child Custody FAQ

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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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