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Parents in Denton, TX going through separation or divorce often find that child custody is the most emotionally difficult issue to resolve. Even when both parents want what is best for their children, disagreements about schedules, living arrangements, and decision-making can quickly become complex. Working with a child custody attorney at Magaña & Van Dyke Law Firm helps you understand your rights under Texas family law and gives you the support needed to move toward a custody arrangement that protects your child’s well-being. more Your First Meeting With a Denton Child Custody Attorney The first consultation is focused on understanding your family situation in detail. This includes your current living arrangements, your child’s daily routine, schooling, and any immediate concerns affecting their stability or safety. Your attorney will also review any prior agreements or court orders, if they exist, and explain how Texas custody laws apply to your specific circumstances. From there, you will receive a clear explanation of the next steps and what to expect as your case moves forward in the Denton County family court system. The “Best Interests of the Child” Standard in Texas In Texas custody cases, the court always prioritizes the “best interests of the child.” This standard guides every custody decision made by judges in Denton and across the state. Courts typically consider factors such as: The child’s emotional bond with each parent Each parent’s ability to provide a stable home environment The child’s adjustment to school and community Each parent’s ability to support the child’s needs A custody attorney helps you build a strategy that reflects these factors and presents your position clearly to the court. Building a Strong Custody Case A key role of your lawyer is gathering and organizing documentation that supports your position. This may include school records, medical records, communication logs, and statements from teachers, caregivers, or family members. Together, you and your attorney develop a proposed parenting plan that outlines custody schedules, visitation arrangements, and decision-making responsibilities. The goal is to present a plan that shows the court you are focused on your child’s long-term stability and well-being. Negotiation and Mediation in Custody Cases Most child custody disputes in Denton, TX involve mediation before a trial is considered. Your attorney prepares you for these sessions by explaining possible outcomes and helping you understand what reasonable agreements may look like. During mediation, your lawyer works to reach an agreement that protects your parental rights while prioritizing your child’s needs. If an agreement is reached, your attorney reviews it carefully to ensure it complies with Texas law and is likely to be approved by the court. In many cases, attorneys can also negotiate directly with the other parent’s counsel to avoid the stress and cost of a courtroom trial. Reaching a Resolution That Works for Your Family Child custody disputes do not have to result in prolonged conflict. With the right legal guidance, many families are able to reach practical and balanced solutions that support their children’s stability. Magaña & Van Dyke Law Firm provides focused family law representation for parents in Denton, TX and surrounding communities, helping clients navigate custody disputes with clarity and confidence. Contact us today! If you are facing a custody matter, early legal guidance can make a significant difference in the outcome of your case.

Divorce can be a complex and emotionally charged process, particularly when it comes to dividing assets. Retirement benefits are often a significant part of a couple's financial planning, and they are just one of many important factors to consider during a divorce. It is important for divorcing spouses to understand the various types of retirement benefits they may need to address, how these assets may be divided, and what factors are involved in the process. Types of Retirement Benefits There are several different types of assets that spouses may rely on to provide for their financial needs when they retire in the future. Each of these assets may be treated differently during a divorce. Here are some common types of retirement benefits: Defined contribution plans - These plans are funded by an employee, usually by deducting a certain amount from their income and depositing these funds into a retirement account. A person's employer may also make contributions on the employee's behalf, such as by matching a certain percentage of the amounts deposited into an account. Examples of these types of plans include 401(k) accounts, Thrift Savings Plans, and individual retirement accounts (IRAs). Defined benefit plans - These plans provide a guaranteed benefit to employees upon retirement. The amount a person will receive will usually be based on a formula that takes into account factors such as their average salary and their years of service. Examples of these types of benefits include pensions and annuities. Military retirement benefits - People who have served in the U.S. military, including active-duty servicemembers, retirees, and veterans, may be eligible for benefits that will provide them with income after they retire. Dividing Retirement Benefits Between Divorcing Spouses If retirement benefits were earned or if contributions were made to retirement savings accounts during a couple's marriage, these assets will be considered marital property that will need to be divided between spouses during the divorce process. In many cases, spouses are able to negotiate agreements in which the funds in retirement accounts will be divided fairly along with other marital assets. Funds may need to be transferred from one account to another during this process. When transferring or withdrawing funds from retirement accounts, couples will usually need to use Qualified Domestic Relations Orders (QDROs). These court orders will specify the amount that should be paid to an alternate payee (someone other than the account holder), and they will be provided to the administrator of a retirement plan. This will allow funds to be withdrawn before retirement age without taxes or penalties being applied. QDROs can be used for accounts such as 401Ks, and for IRAs, a "transfer incident to divorce" may allow funds to be withdrawn and transferred to the other spouse. Dividing pension benefits or other defined benefit plans may be a more complicated process, especially when spouses do not know the amount that the pension holder will receive after they retire. In many cases, the non-pension-holder spouse will be entitled to receive a certain percentage of the pension holder's benefits. In these situations, a QDRO will be used to specify the amount that the pension plan administrator will pay to an alternate payee. Contact Our Cook County Retirement Asset Division Lawyers Dividing retirement benefits during a divorce can be a complex process. However, by knowing what types of retirement benefits you and your spouse own and what methods of division are available, you can work with a Denton County property division attorney to create a fair and equitable settlement that protects your financial future. Contact our office today by calling 940-382-1976 to schedule an initial consultation. Sources: https://www.investopedia.com/articles/investing/072915/how-protect-your-retirement-after-divorce.asp https://www.schwab.com/learn/story/divorce-after-50-impact-on-retirement-savings https://www.dol.gov/sites/dolgov/files/ebsa/about-ebsa/our-activities/resource-center/publications/qdros.pdf

In Texas divorce cases, protective orders are not uncommon. Unfortunately, domestic violence and other circumstances that place the safety of others in jeopardy are, too often, key factors in a person’s desire to file for divorce in the first place. While getting a divorce may be an important step in distancing yourself from a partner who places you or your children in harm’s way, the divorce process can sometimes take a long time. For people who need protection sooner than later, there are options, known as protective orders, that can keep children out of their partner’s reach before the divorce is finalized. Who Can Obtain a Protective Order? In Texas, there are five situations in which someone may be eligible for an order of protection. In order to obtain a protective order in Texas, one of the following details must be true: You are facing neglect, exploitation, or abuse at the hands of someone in your household or in your family. You are a high-risk adult who has a disability and faces either neglect, exploitation, or abuse at the hands of someone in your household or your family. You are a minor who is cared for by someone who is being abused, neglected, or exploited at home. You reside in public housing or local shelters while taking care of someone who is abused, neglected, or exploited. You are being mistreated by the family members or people in the household of a child to whom you are the foster parent, guardian, adoptive parent, or in the process of becoming the adoptive parent of a child. All of this is to say that you may be able to file an order of protection for your child, keeping them out of your partner’s reach. The best way to go about filing an order of protection on your child’s behalf is by hiring an experienced family law attorney as soon as possible. Contact a Denton County Domestic Violence Attorney Today At Magaña & Van Dyke, we have vast experience handling matters of domestic violence in the state of Texas. Our Denton divorce attorneys understand how domestic abuse can dramatically affect your family, and we know what steps to take to keep you safe. With our additional experience in criminal defense cases, we can also help those who have had protective orders issued against them. We do not take issues of domestic violence lightly, and we focus on obtaining the best outcome possible while working to reduce your stress levels during the process. Instead of trying to navigate the process of obtaining protective orders for your child on your own, call 940-382-1976 today to schedule your initial consultation with legal professionals you can trust. Source: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.85.htm

The divorce process can be emotionally and financially draining. When you and your ex cared for your children together under one roof, it may have been easier to work together to take care of your family’s financial needs. However, things change significantly after divorce, and both parents may struggle to make ends meet. If your ex has not been paying child support, this can cause a great deal of difficulty for you. It may be hard to understand why your ex would be avoiding payments, but here are some common reasons that may explain why the money you need for your child is not coming your way: Changes in Finances Your ex might not be paying child support because they do not have the money to give. The amount of child support payments specified in a divorce judgment is based on the paying parent’s net income at the time of the divorce. Issues such as a job loss or large medical expenses can affect how much your ex is able to pay. If you think this may be the reason why you are not receiving child support, you may wish to talk to your ex or even request a modification so that they can at least pay what they are able to. Setting a payment that your ex can afford is better for everyone than you not receiving any payments at all. Disagreements About Spending Everyone values things differently. When it comes to expenses, your ex may disagree with the amount of money you are spending in different categories. For example, if your child needs a new school bag, you may choose to invest in a strong backpack that costs twice as much as the last one. Your spouse may complain about the extra spending and refuse to share in these expenses. It is important to realize that the law does not address the specifics of how child support payments are allowed to be spent. This means that your ex-spouse cannot simply stop paying because he or she does not like how you are using the money. Hurt Feelings It is also possible your ex is upset with the child custody arrangements that have been established. They may feel that decisions were made unfairly, and having to make monthly child support payments may only agitate these feelings. As a result, they may refuse to make child support payments out of spite. Regardless of feelings or disagreements, parents are legally required to pay court-ordered child support. A person who fails to pay child support could have their driver’s license suspended, their passport denied, and liens placed on their property, bank accounts, and other assets. Contact a Denton County Divorce Lawyer Your child deserves to receive financial support from both parents. If your ex-spouse is refusing to pay court-mandated child support, the team at Magaña & Van Dyke can help. Contact an experienced Denton child support attorney from our firm to learn about your options for child support enforcement. Set up an initial consultation by calling 940-382-1976 today. Sources: https://supportpay.com/ex-isnt-paying-child-support https://www.texasattorneygeneral.gov/child-support/child-support-enforcement/how-we-enforce

There are a variety of financial issues that can play a role in a divorce case. When one spouse believes they will be at a financial disadvantage after the end of their marriage, they may ask for ongoing support from the other spouse. In Texas, spousal maintenance (sometimes called "alimony") consists of financial support paid by one spouse to the other spouse after divorce. However, not every divorcing couple will have to deal with spousal support. This form of support will only be appropriate in certain situations, and there are a number of factors that will affect the decisions about whether maintenance should be paid, how long it will last, and the amount that one spouse will pay to the other. Situations Where Spousal Support May Be Awarded A family court judge may award spousal support in the following situations: One spouse cannot meet their own financial needs due to a physical or mental disability. A parent who will have primary custody of the couple's child or children needs financial assistance because the child has a disability that requires ongoing care and supervision, and this will affect the custodial parent's ability to work and earn an income. A couple was married for at least 10 years, and one spouse is unable to earn enough income to provide for their own needs. This may be due to a spouse remaining at home during their marriage and focusing on household responsibilities rather than pursuing career opportunities. One spouse has been convicted of an offense involving family violence or received deferred adjudication without a formal conviction. If an offense involving spousal abuse or child abuse was committed during the couple's marriage and within two years prior to when the divorce case was initiated, or if an act of family violence occurred while a divorce case is ongoing, the person who committed the offense may be required to pay spousal maintenance to the other spouse. In order to determine whether or not spousal maintenance is appropriate in a particular case, the court will consider several factors, including but not limited to: Each party's financial resources and their ability to provide for their own needs, including the marital property apportioned to them in the divorce and the income they earn Each party's education and employment skills, while considering the time necessary for the party seeking maintenance to acquire sufficient education or training to enable him or her to find appropriate employment Each spouse's earning ability based on their age, employment history, and physical and emotional condition The duration of the marriage How the requirement to pay spousal support or child support will affect a person's ability to meet their own needs Any actions taken by either spouse that reduced the value of marital assets, including destruction of property, excessive spending, or attempts to conceal assets Any contributions by one spouse toward the other spouse's education, training, or career Any separate property owned by either spouse prior to getting married A spouse's contributions toward their marriage as a homemaker Any marital misconduct by either spouse, including infidelity or cruel treatment of the other spouse Any history of family violence by either spouse Any other factor that the court expressly finds to be just and right Contact Our Cooke County Spousal Support Attorneys Spousal maintenance may or may not be a factor in a particular Texas divorce. Each case is decided on its own merits, and a judge will take into account all relevant factors when making their determination. If you are considering divorce and have questions about spousal maintenance, please contact an experienced Denton County divorce lawyer who can help guide you through this process. At Magaña & Van Dyke, we will advise you on how the law applies in your situation, and we will fight to protect your rights throughout the divorce process. Call 940-382-1976 today to set up an initial consultation. Source: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm

When a couple decides to get a divorce, there are several different ways it can go. While every divorce has their own set of unique circumstances, there are certain constants in the divorce process no matter what has occurred in the couple’s marriage. One constant that anyone who has decided to divorce their spouse should adhere to is seeking out the legal advice of an experienced Texas divorce lawyer, regardless of whether it is a friendly divorce or a contentious one. Requirements Before you are even permitted to file for a divorce in Texas, you must meet certain requirements. The primary qualification you must have is residency; Texas mandates that you have lived in the state continuously for at least six months and that at least one of the spouses must have resided in the county in which the divorce is being filed in for a minimum of 90 days. As long as this residency requirement has been met, one of the spouses can file a petition of divorce. In the petition, the spouse must cite a reason why they are seeking to end the marriage. Although Texas law does not require a person filing for divorce to have an attorney representing them, it is always a smart idea for your own protection to at least consult with an attorney to ensure that you are proceeding correctly. Petition Process After the divorce petition is filed with the court, the spouse who filed (referred to as the petitioner) must notify the other spouse (referred to as the respondent) of the divorce filing. The respondent spouse then has 20 days to respond to the petition. At this point, either spouse may also file a request for the court to issue temporary orders in order to protect all marital assets and prevent the other spouse from spending, hiding, etc., in order to avoid Texas community property laws. The court can also file temporary orders regarding child custody, child support, alimony, debt payments, and any other issues that may need to be addressed. Negotiations Other than issuing temporary orders, there will be no action by the court regarding the divorce for at least 60 days. This is a mandatory waiting period under Texas law. However, the couple can begin negotiations in order to try to come to agreements on marital issues that must be decided. If the spouses cannot to a fair and equitable settlement, the court will make these decisions for them. Call Our Denton County Divorce Attorney If you have decided to end your marriage, call Magaña & Van Dyke at 940-382-1976 to schedule an initial consultation with one of our dedicated Cooke County family lawyers and let us make sure you receive the divorce settlement you deserve. Source: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm

No couple enters into a marriage thinking it will end in divorce. Unfortunately, that’s the outcome for roughly 50% of all marriages. In 2019, nearly 800,000 couples filed for divorce — many of them between January and March. Whether because you don’t want to deal with prying family members around the holidays or you don’t want to affect your children's holiday season by announcing your divorce late in the year, many couples wait to file for divorce until the New Year. Filing for Divorce in Texas Divorce may be common these days, but it’s still a complex family legal issue that can have a significant impact on your and your kids’ future. Before you file, below are a few things every couple should know: Be sure you’re ready to file. Unlike many other states, Texas doesn’t recognize legal separation — even if you and your spouse live apart from one another for years, your assets and debt are communal property. Texas law allows for "no-fault" divorce. This means the spouse filing for divorce does not have to prove any fault, wrongdoing or marital misconduct (adultery, abandonment, etc.) on the part of the other spouse. Make sure you meet residency restrictions. A couple filing for divorce must have lived in Texas continuously for at least six months, and one of the spouses must have lived in the United States for at least 90 days. Invest in an attorney. You likely know someone, if not a few people, who have gotten a divorce. But no matter how many stories you’ve heard or advice you’ve listened to, divorce is complicated and requires a deep understanding of the law and lots of paperwork. Even one small slip up can cost you in the end. The Process of Filling Unlike signing a marriage certificate, filing for divorce is a process that takes several steps. And if you’re undergoing a high networth or contested divorce, the whole process can take years. Because every divorce is different, the process will be unique for everyone. However, the process traditionally goes as followed: File the petition for divorce. To start the divorce process, one spouse has to file a petition with the court called the "Original Petition for Divorce" and pay the court fee. Legally notify your spouse. Unfortunately, it’s not enough to call or text your spouse and let them know you filed for divorce. Your spouse (the Respondent) must be formally served papers informing them that you (the Petitioner) have filed for divorce. Respondents can either be served or sign a waiver: A citation: One spouse is provided legal notice of the petition. A Waiver of Service: This waiver acknowledges that the Respondent is aware that the petition has been filed (it doesn’t mean they agree to what was written in the petition). Attend a hearing. A divorce requires a lot of communication, as you’ll now have to determine child support and custody (if you have children), and asset and debt division. If you and your spouse have an amicable relationship, you may be able to determine these matters in one or two hearings. However, a contested or high net worth divorce can require an extensive knowledge of the law in order to make sure each spouse is getting what’s fair. Sign the divorce decree. Once you and your partner (or you and your partner’s attorneys) have come to an agreement, it’s time to sign the final divorce decree. Though most cases take several months to go from filing the petition for divorce to signing divorce papers, Texas does have a "cooling off" period of 60 days. Certain jurisdictions also have laws and regulations on how long parties must wait to get remarried. If you're going through a divorce, it's essential to have an attorney on your side who you can trust. Our Denton divorce lawyers deliver legal representation with honesty and integrity, and we will provide the sound advice and guidance you need. Magaña & Van Dyke will take the time to get to know you and learn about your circumstances. Schedule an initial consultation by calling us at 940-382-1976 or contacting us online.