by Mokolo LawWhat You Should Know About High Net Worth Divorce in Texas
Divorce is never easy, and it can be a complicated situation for anyone. But when valuable assets, businesses, or complex investments are involved, the process becomes far more challenging. If you or your spouse has accumulated significant wealth, understanding how a high-net-worth divorce works in Texas is critical to protecting your financial future. This article is designed to help you know what a “high-net-worth divorce” means in Texas, highlight what makes it different, and explain how you and your attorney can navigate the process to protect your interests.
At Mokolo Law Firm, we’ve helped clients across Texas navigate these sensitive cases with precision and discretion. Here’s what you need to know.
What Is a High-Net-Worth Divorce?
Although Texas law does not define “high-net-worth divorce” with a precise dollar amount, practitioners commonly use this term to mean a divorce involving one or more of the following:
- Significant marital assets (for example, $1 million or more in combined marital assets)
- Complex portfolios of property: ownership of businesses or equity in closely-held companies, multiple real estate holdings, large investment portfolios, significant retirement/stock option holdings, foreign or off-shore assets.
- Significant non-liquid, or “hard to value” assets (business interests; art/collectibles; intellectual property) which raise issues of valuation, traceability and division.
So while you will often read “$1 million+” as the informal benchmark, the key indicator is complexity and value of assets, not just the total number.
Because these assets can be difficult to identify and value, high-net-worth divorces require strategic planning and expert legal representation.
How Texas Law Handles High-Net-Worth Divorces
1. Community vs. Separate Property
Texas is a community property state, which means that most assets acquired during the marriage belong to both spouses. However, property owned before marriage or received as a gift or inheritance is considered separate property.
In high-asset cases, this distinction can get blurred. For instance, if a spouse owned a business before marriage but used marital funds to expand it, a portion of that business may now be considered community property. Proving what’s truly “separate” requires extensive documentation and sometimes forensic accounting.
2. Valuing Complex Assets
In a high-net-worth divorce, accurately valuing assets is one of the most critical and contentious steps. Businesses, real estate, stock portfolios, and even intellectual property must be properly appraised.
At Mokolo Law Firm, we work with forensic accountants, appraisers, and valuation experts to ensure each asset is assessed fairly. This protects your interests and helps you negotiate from a position of strength.
3. Hidden or Hard-to-Trace Assets
Unfortunately, the higher the assets, the greater the temptation to hide or transfer them. Some spouses attempt to conceal property through trusts, offshore accounts, or business entities.
We use comprehensive discovery tools, subpoenas, depositions, and financial audits to trace hidden assets and ensure all property is disclosed. Transparency is key to reaching a fair and lawful settlement.
4. Division Isn’t Always 50/50
While many assume that community property means everything is split evenly, Texas courts are required to divide property in a manner that’s “just and right.”
That means the division could be unequal, depending on factors such as:
- Each spouse’s earning potential and financial contribution
- Who managed the household or supported the other’s career
- Misuse or concealment of assets
- Future financial needs or health conditions
With the right legal strategy, you can protect what you’ve earned and achieve a fair outcome under Texas law.
5. Spousal Support and Lifestyle Considerations
In high-net-worth divorces, lifestyle often plays a major role. Courts may consider the standard of living established during the marriage when determining spousal maintenance or contractual alimony.
For example, if one spouse left the workforce to support the other’s business or care for children, they may be entitled to financial support after divorce. Mokolo Law Firm helps clients negotiate support agreements that balance fairness with long-term financial security.
6. Tax Implications and Future Planning
Asset division isn’t just about who gets what; it’s also about how those transfers affect your taxes and long-term wealth.
Large estates often include taxable assets such as real estate, investments, or stock options. Without careful planning, you could face significant tax liabilities. We coordinate with tax advisors and estate planners to create strategies that protect both your short-term settlement and long-term legacy.
How to Protect Yourself in a High-Net-Worth Divorce
Here are some proactive steps you can take right now:
- Gather Documentation – Collect bank statements, deeds, tax returns, business records, and account statements.
- Identify Separate Property – Work with your attorney to trace and document what belongs to you individually.
- Stay Financially Transparent – Avoid hiding or moving assets. This can backfire and damage your credibility in court.
- Consider Confidential Solutions – Mediation or collaborative divorce can help preserve privacy and minimize cost.
- Plan for the Future – Think about taxes, trusts, and your post-divorce financial goals before finalizing any settlement.
Why Choose Mokolo Law Firm
At Mokolo Law Firm, we understand that a high-net-worth divorce isn’t just a legal matter; it’s a personal, financial, and emotional turning point.
Our clients choose us because we offer:
- Extensive experience handling high-asset and complex divorces in Texas
- Strategic planning that integrates legal, financial, and tax considerations
- Access to top valuation and forensic experts
- Confidential and compassionate representation focused on results
Final Thoughts
A high-net-worth divorce in Texas demands more than ordinary representation. It requires strategic thinking, detailed financial knowledge, and a legal team that understands the nuances of wealth, business, and family law.
At Mokolo Law Firm, we are committed to protecting your assets, your reputation, and your peace of mind. Whether through negotiation or litigation, we’ll help you achieve a fair and forward-focused outcome.
If you’re facing a high-net-worth divorce in Texas, don’t navigate it alone.
Contact Mokolo Law Firm today to schedule a confidential consultation and start planning your path forward with confidence.
by Mokolo LawCommon Mistakes to Avoid When Going Through a Divorce in Texas
Divorce is one of the most emotional and life-changing decisions anyone can make. Whether your divorce is amicable or contested, the process can be complicated and filled with potential pitfalls. In Texas, even small mistakes during a divorce can lead to major legal, financial, or emotional consequences.
At Mokolo Law Firm, our experienced Texas divorce attorneys have guided countless clients through every stage of the divorce process. We’ve seen how the right preparation and avoiding common mistakes can make all the difference.
Here are the most common mistakes to avoid when going through a divorce in Texas, and how you can protect your rights every step of the way.
1. Not Understanding Texas Divorce Laws
Texas has its own set of divorce laws that differ from many other states. For example, Texas is a community property state, which means that most property and debts acquired during marriage are owned equally by both spouses.
Failing to understand how Texas law handles property division, child custody, and spousal support can lead to costly surprises. Consulting an experienced family law attorney in Texas ensures that you know your rights and obligations before making key decisions.
Tip: Always talk to a lawyer before signing any agreement or making verbal deals about property or custody. What seems fair now might not hold up legally later.
2. Letting Emotions Control Your Decisions
Divorce is emotional—but it’s also a legal process. Allowing anger, guilt, or resentment to guide your decisions can cause long-term damage to your finances, your co-parenting relationship, and your peace of mind.
Try to separate emotional issues from practical ones. Stay focused on protecting your future and your children’s best interests, rather than “winning” the divorce.
A skilled divorce lawyer in Texas can help you stay objective and make smart decisions even when emotions run high.
3. Hiding Assets or Withholding Financial Information
One of the biggest mistakes you can make is trying to hide income, assets, or debts during your divorce. Texas courts take financial honesty seriously, and any attempt to conceal information can result in penalties, fines, or loss of credibility in court.
Gather all relevant documents, tax returns, bank statements, property titles, and investment records and disclose them to your attorney. Being transparent helps your lawyer protect your interests and ensures a fair settlement.
4. Ignoring Temporary Orders
During a divorce, Texas courts often issue temporary orders covering matters such as child custody, support, and property use. Failing to follow these orders can hurt your case and reflect poorly on your character before the judge.
Always comply with court orders, even if you disagree with them. Your attorney can later request modifications if circumstances change.
5. Discussing Your Divorce on Social Media
In today’s digital world, it’s tempting to share updates about your personal life online. However, posting about your divorce on social media can seriously harm your case.
Judges and opposing attorneys can use social media posts as evidence, especially if they contradict your claims or show behaviour that might affect custody or financial settlements.
Advice: Stay off social media or keep posts neutral until your divorce is finalized. When in doubt, ask your attorney before sharing anything online.
6. Not Prioritizing Children’s Well-Being
If you have children, their emotional and physical well-being should come first. Using children as leverage, badmouthing the other parent, or disrupting visitation schedules can negatively impact custody outcomes.
Texas courts always base custody decisions on the best interests of the child. Showing cooperation, stability, and respect for the other parent can strengthen your position in court.
7. Going Through Divorce Without Legal Representation
Some people try to handle divorce on their own to save money—but this can backfire. Divorce involves complex paperwork, deadlines, and legal terms that can be overwhelming without professional help.
An experienced Texas divorce attorney from Mokolo Law Firm can help you:
- Protect your assets and financial interests
- Navigate custody and support issues
- Ensure all paperwork is filed correctly and on time
- Negotiate fair settlements or represent you in court if needed
Having a lawyer by your side helps you avoid costly mistakes and ensures your rights are protected.
8. Failing to Plan for Life After Divorce
Many people focus so much on the legal process that they forget to plan for what comes next—financially, emotionally, and practically.
Work with your attorney and a financial advisor to review your new budget, update your will, and adjust your insurance or beneficiary designations. Planning ahead gives you stability and confidence as you move forward.
Final Thoughts on Common Mistakes to Avoid When Going Through a Divorce in Texas
Divorce can be overwhelming, but avoiding these common mistakes will help you protect your future and make informed decisions. Remember, every divorce is unique; what worked for someone else might not be right for you.
At Mokolo Law Firm, our compassionate and knowledgeable divorce lawyers in Texas are here to guide you every step of the way. We provide personalized legal advice tailored to your circumstances, ensuring you get the fair outcome you deserve.
Contact us today to schedule a confidential consultation with an experienced Texas family law attorney. Let us help you navigate your divorce with confidence, clarity, and peace of mind.
by Mokolo LawEntitlements of a Divorced Wife in Fort Bend County
When you begin the process of seeking a divorce in Fort Bend County, Texas, it’s easy to feel overwhelmed. One of the questions many women ask is: What am I entitled to if I file for divorce? It’s a natural question. You want to protect yourself and ensure you are treated fairly. Understanding the rights and entitlements of a wife in a divorce is essential for navigating this challenging time. At Okolo Law Firm, we focus exclusively on family law in Fort Bend, and we believe informed clients make stronger decisions.
1. Fair Property Distribution
Texas is a community property state, meaning that most assets and debts acquired during the marriage are considered jointly owned by both spouses. (guides.sll.texas.gov) Even though a husband may earn more money during the marriage, a wife is still entitled to a fair share of the marital estate.
What does this mean in practical terms?
- Community property includes income earned during the marriage, real estate purchased, and other assets accumulated while married—even if titled only in one spouse’s name.
- The division is guided by the principle of “just and right” rather than strictly 50/50. The court will consider factors such as:
- the duration of the marriage,
- whether children were born of the marriage,
- the age and health of each spouse,
- each spouse’s earning capacity and how debts were paid,
- the standard of living established during the marriage,
- the value of separate property each spouse brought into the marriage, and
- fault such as infidelity or abuse, where relevant.
- Separate property (for example, gifts, inheritances, or assets owned before marriage) generally remains with the spouse who brought it in unless it has been commingled with marital assets.
At Okolo Law Firm, our goal is to help you identify which assets are community property, which are separate, and how best to position your interests for a fair outcome.
2. Spousal Support (Alimony / Maintenance)
Spousal support, sometimes called alimony or maintenance, is not automatic in Texas divorce cases. However, under certain circumstances, a wife may be eligible for support. Key criteria include:
- If the wife lacks sufficient property or means to meet her minimum reasonable needs, and
- The marriage lasted ten years or more, and
- The wife is unable to earn sufficient income due to a physical or mental disability, or
- The wife is the custodian of a child of the marriage who requires substantial care and cannot meet her minimum reasonable needs.
In longer marriages (for example, 30 years or more), the court may award support for up to 10 years, but the length ultimately depends on the individual case. The court will also consider the husband’s financial ability and the wife’s ability to become self-sufficient.
At Okolo Law Firm, we evaluate the possibility of maintenance early so you can plan strategically.
3. Child Custody (Conservatorship)
When children are involved, the question of who will make decisions for them and where they will live becomes a central feature of the divorce process. In Fort Bend County (and throughout Texas), the court’s guiding principle is the best interest of the child.
- Custody may be awarded as joint managing conservatorship, meaning both parents share decision-making responsibilities.
- Or the court may award sole managing conservatorship to one parent when circumstances warrant it (for example, safety issues or high conflict).
- The court can also consider the child’s preference if the child is of sufficient age and maturity.
At Okolo Law Firm, we help you prepare for and protect your rights as a mother during the custody process, advocating for the arrangement that best reflects the needs of your children and your parental role.
4. Child Support
Child support is calculated according to state guidelines, considering the paying parent’s net income, the number of children entitled to support, and often additional factors like healthcare, education and special needs. The formula is fairly structured but must be tailored to the specific facts of your case.
We at Okolo Law Firm ensure that child support calculations in your divorce reflect all eligible adjustments and that the support order meets your children’s needs.
5. Protection Orders in Case of Domestic Violence
If domestic violence, threats or harassment occur during the divorce process, a wife is entitled to seek a protection order. The order prohibits contact, protects your safety and the safety of your children, and ensures that the divorce process does not expose you to additional harm.
Your rights in this area are non-negotiable, and at Okolo Law Firm, we place your safety first, ensuring the court considers those risks when handling custody, support and property division issues.
Final Thoughts on Entitlements of a Divorced Wife in Fort Bend County
Choosing the right family law attorney in Fort Bend County is a critical step. Divorce laws in Texas and in Fort Bend are complex, and outcomes hinge on strategy, timing, documentation and negotiation. At Okolo Law Firm, we are dedicated to guiding wives through this process, equipping you with knowledge, protecting your rights and advocating for the result you deserve.
If you’re facing a divorce in Fort Bend County, don’t navigate this alone. Contact Okolo Law Firm today. We’ll review your situation, answer your questions and help you chart a path forward with confidence and clarity.
by Mokolo LawWill I Lose Everything in My Divorce in Texas?
A fear many people bring into divorce is: “Will I lose everything?” The short answer is “NO”, you will not automatically lose all your assets or be left with nothing. But because Texas is a community property state, the division of assets and debts in a divorce can be complex, and the outcome depends on many factors. At Mokolo Law Firm, we help clients navigate these rules to protect what matters most.
In this post, we explain:
- What community property and debt means in Texas
- What separate property and debts are
- Whether spouses can agree on how to divide property
- How courts divide assets and debts
- Important factors that may shift the division
1. What Is Community Property & Community Debt in Texas?
- Under Texas law, community property is any asset or debt acquired during the marriage, except for certain exceptions (like gifts or inheritances).
- It doesn’t matter whose name is on the title or whose income paid for it, as long as it was obtained during marriage and is not clearly separate, it’s presumed to be community property.
- Community debt is any debt incurred during the marriage, such as credit card bills, joint loans, mortgages taken out during the marriage, or obligations incurred for household expenses.
- In a divorce, community property and community debt are typically divided between spouses, although not necessarily equally. The division must be “just and right” under Texas law.
2. What Is Separate Property & Separate Debts?
- Separate property includes assets owned by one spouse before marriage, or property received individually during the marriage via gift or inheritance (from someone other than the spouse).
- Certain personal injury awards may also remain separate property (depending on what part of the award: e.g. non-lost wages, non-medical) under Texas law.
- The key: a spouse claiming property as separate must prove (by “clear and convincing evidence”) that it is truly separate and not community property.
- Sometimes property becomes “mixed” (commingled) when separate property income or funds are blended with community funds. In such cases, tracing and accounting may be required to untangle the separate vs. community portions.
3. Can Spouses Agree on How to Divide Their Property?
- Absolutely. Spouses may negotiate or use mediation to reach a property-division agreement that works for both.
- If they reach an agreement, they present it to the court, and the judge will generally approve it if the court finds it “just and right.”
- Agreement gives you more control and often leads to faster, less contentious divorces.
4. How Are Assets and Debts Divided in Divorce?
Here’s the process:
a) Identify and Value All Assets and Debts
- The court or parties list all community property, community debts, and separate property.
- Property like real estate, vehicles, bank accounts, retirement plans, businesses, and investments must be appraised or valued.
b) Determine a “Just and Right” Division
- The starting presumption is an equal split (50/50), but Texas law does not require a strict 50/50 split.
- The court considers many relevant facts, including each spouse’s earning ability, child custody, health, and misconduct.
- If one spouse dissipated (wasted) community assets or contributed less, the court may adjust the division to compensate.
- The court can assign specific assets or order sales to divide value. Sometimes one spouse keeps an asset and takes on a corresponding debt or offset.
c) Account for Separate Property
- Each spouse retains their separate property. The court cannot shift your separate property to your spouse.
- In mixed cases, the court may segregate the separate portion and only divide the community component.
5. Key Factors That Can Shift the Balance
In some divorces, one spouse may end up with more or less than 50% of the community estate. Some of the influencing factors include:
- Fault or Misconduct: Texas allows courts to consider fault (e.g., adultery, cruelty, financial waste) in determining a fair split.
- Dissipation of Assets: If one spouse intentionally wasted or concealed marital assets, the court may subtract or compensate accordingly.
- Earning Capacity & Future Needs: If one spouse has much greater earning potential, the court may factor that in.
- Health, Age & Education: A spouse with health problems or less education may be awarded more to level the playing field.
- Child Custody & Support: The spouse with custody of minor children may receive more of the property that supports their needs.
- Tax Considerations & Debts: How tax liabilities or debt burdens fall can influence who keeps or assumes certain assets.
Final Thoughts on Will I Lose Everything in My Divorce in Texas?
Divorce in Texas does not mean you’ll lose everything. Your rights and fair share depend heavily on how property is characterized (community vs. separate) and whether the division is truly “just and right.” Because Texas law gives judges broad discretion, the specific facts and how well you present your case can make a big difference.
How Mokolo Law Firm Can Help You.
At Mokolo Law Firm, we help you:
- Identify which assets are truly separate and which are community
- Trace commingled assets and protect your rightful share
- Leverage negotiation or mediation to reach favorable splits
- Present persuasive evidence to the court for a fair division
- Minimize unnecessary losses and protect your financial future
If you’re considering or going through divorce in Texas, don’t leave your property rights to chance. Reach out to Mokolo Law Firm today for a confidential evaluation of your assets and the best strategy to secure what is rightfully yours.
by Mokolo LawBusiness Valuation in Divorce
When divorce involves a closely held or family-run business, the process becomes significantly more complex than dividing typical marital assets. For many couples, a business is not just a source of income but also one of their largest financial assets. Determining its value fairly and ensuring that value is accurately represented in divorce proceedings is critical.
At Mokolo Law Firm, we understand the unique challenges of business valuation in divorce. We work closely with financial experts, forensic accountants, and valuation professionals to protect your interests and ensure equitable outcomes.
Why Business Valuation Matters in Divorce
The valuation of a business directly influences several key aspects of your divorce, including:
- Property Division – Texas is a community property state, meaning that businesses (or portions of them) acquired or grown during the marriage may be subject to division.
- Spousal Support (Alimony) – The value and profitability of a business often factor into whether spousal support is awarded and in what amount.
- Future Financial Security – For many business owners, the company represents their livelihood, retirement plan, and legacy. For spouses, it can represent years of contributions—direct or indirect—to its success.
An undervalued business could leave a spouse with far less than they are entitled to, while an inflated valuation could saddle an owner with unfair financial obligations. In contentious divorces, it is not uncommon for one party to attempt to hide income, overstate liabilities, or underreport assets, making professional scrutiny essential.
Common Business Valuation Methods
Courts and financial experts typically rely on three recognized approaches to valuing a business:
1. Asset-Based Approach
- Focuses on the company’s tangible and intangible assets (real estate, inventory, equipment, intellectual property, goodwill, etc.).
- Best suited for businesses with significant physical holdings.
2. Income Approach
- Projects future earnings and cash flow, then calculates present value based on risk and industry factors.
- Commonly used for professional practices and service-oriented businesses.
3. Market Approach
- Compares the business to similar companies recently sold in the marketplace.
- Useful when reliable market data exists for comparable businesses.
Often, multiple methods are applied and reconciled to produce a defensible, court-accepted value.
Key Legal Considerations in Texas
When valuing a business in divorce, Texas law raises several important questions:
- Timing of Ownership – Was the business started before the marriage (separate property) or during the marriage (community property)?
- Community Contributions – Even if the business was founded before marriage, did community funds or labor contribute to its growth?
- Spousal Roles – Did one spouse manage the business full-time while the other contributed indirectly (e.g., maintaining the household or supporting financially)?
- Pre-Existing Agreements – Is there a buy-sell agreement, prenuptial, or postnuptial agreement that dictates ownership division?
Courts will also examine whether one spouse should be compensated for their share, either through a buy-out, structured settlement, or allocation of other assets of equal value.
How Mokolo Law Firm Supports You
Navigating business valuation in divorce requires both legal skill and financial expertise. Our team helps clients by:
- Partnering with valuation professionals to secure an accurate, court-accepted appraisal.
- Investigating financial records for hidden income, misreported expenses, or manipulated cash flow.
- Negotiating creative settlement options, such as buy-outs, installment payments, or asset swaps.
- Protecting sensitive business data during discovery to minimize disruption to operations.
- Ensuring that property division and spousal support outcomes reflect a fair balance of contributions and future needs.
Final Thoughts on Business Valuation in Divorce
Dividing a business during divorce is never simple. It requires a skilled legal team, meticulous financial analysis, and a strategy tailored to your goals whether you want to retain ownership, divide assets fairly, or uncover hidden value.
At Mokolo Law Firm, we fight to protect your financial security while preserving the integrity of your business. With the right legal and financial guidance, you can navigate this process with confidence and clarity.
Call us today for a confidential consultation to discuss your business and divorce strategy.
by Mokolo LawHow to Handle Suspected Hidden Assets During Divorce In Texas
Divorce is never easy especially when you suspect your spouse may be hiding assets. Whether it’s undisclosed income, secret accounts, or property transferred to others, hidden assets can significantly impact the fairness of your settlement.
If you believe your spouse isn’t being honest about money or property, you’re not alone and you don’t have to navigate this process by yourself. Your first step should be to consult a divorce attorney with experience in asset discovery and financial investigations. They can guide you through legal procedures to ensure full financial disclosure and use discovery tools to uncover hidden assets.
How to Handle Suspected Hidden Assets During Divorce In Texas
In this guide, we’ll explain the steps you can take to spot red flags, gather evidence, and work with legal and financial professionals to protect your rights.
What Are Hidden Assets and Why Do Some Spouses Try to Hide Them?
Hidden assets are any property, income, or financial accounts that one spouse intentionally conceals from the other during a divorce. This can include undisclosed bank accounts, underreported income, transferred property, or even valuable items like artwork or jewelry tucked away out of sight.
Common Types of Hidden Assets:
- Secret savings or investment accounts
- Undisclosed business revenue or profits
- Real estate or vehicles titled under another name
- Cash withdrawals or “loans” to friends and family
- Cryptocurrency or digital assets
Why Do Spouses Hide Assets?
During a divorce, all marital assets must be disclosed to ensure a fair and equitable division. Some spouses, however, attempt to hide assets for personal gain or out of spite. Motivations may include:
- Reducing the marital estate: To walk away with more than their fair share
- Avoiding spousal or child support: By appearing less financially capable
- Punishing the other spouse: Especially in high-conflict or emotionally charged divorces
- Planning for post-divorce financial security: By secretly preserving wealth
Hiding assets is unethical and illegal. Courts take these actions seriously and may impose penalties, including awarding a greater share of the assets to the honest spouse.
How to Handle Suspected Hidden Assets
1. Consult a Divorce Lawyer
Engage an attorney who specializes in high-conflict divorces and asset tracing. He will explain your rights and legal options, develop strategies to uncover concealed assets and initiate the legal process for disclosure and investigation.
2. Gather Financial Documents
Start collecting all relevant financial records such as; bank statements, tax returns, investment accounts, real estate and business records. And be at alert for warning signs like,unusual cash withdrawals or transfers, changes in spending habits, transfers to family or third parties, account password changes and new or unexplained debts
3. Hire a Forensic Accountant
A forensic accountant can analyze financial records for inconsistencies or unusual transactions, trace assets through financial paper trails ans provide expert testimony if needed.
4. Use the Legal Discovery Process
Your attorney can request documents, submit questions under oath, and conduct depositions to reveal concealed assets. Requests to examine emails, texts, or physical items like safe deposit boxes, requests for specific records like tax filings or loan applications, etc.
5. Consider Court Intervention
If your spouse resists cooperation, your lawyer may request court orders mandating full disclosure, seek to freeze assets or impose sanctions and reopen the case if assets are discovered after the divorce is finalized.
6. Watch for Dissipation of Assets
Dissipation involves one spouse wasting or hiding assets, often through, gambling, excessive spending, or reckless investments and unauthorized transfers to friends or relatives.
7. Keep Thorough Documentation
Documentation is critical if the case proceeds to court. Record everything such as, suspicions and supporting evidence, communication with your spouse and professionals and steps taken to uncover hidden assets
8. Avoid DIY Investigations
Avoid conducting your own investigation. Unauthorized surveillance or access to private information can harm your case and may be illegal. Leave the investigation to your lawyer and financial experts.
Common Signs That Your Spouse is Hiding Assets in Divorce
If you’re approaching a divorce, it’s important to stay vigilant for signs that your spouse might be concealing assets. Here are some of the most common red flags to watch for:
1. Suspicious and Unusual Financial Activity
Keep an eye on your joint accounts. Large or unexplained withdrawals could suggest that your spouse is stashing away cash. Similarly, transfers you don’t recognize may mean they’ve opened new, undisclosed accounts or are funneling money to trusted friends or family members, possibly with the intent of retrieving it after the divorce.
2. Missing Account Statements and Bills
In the digital age, most financial documents are sent by email. If you’ve lost access to shared email accounts or if paper statements suddenly stop arriving your spouse may be trying to hide financial information. You should have full access to any account where financial alerts or statements are received.
3. Changed Passwords
A sudden inability to log in to shared financial accounts is a something to worry. If your spouse changes passwords and doesn’t share the new ones with you, it could be an intentional move to conceal financial activity.
4. Inconsistent Financial Documents
Now’s the time to pay close attention to tax returns, loan applications, and financial disclosures. These documents often reveal assets or income streams that weren’t obvious before. Watch for discrepancies what appears on a tax return should line up with other financial statements. If not, there may be more to uncover.
5. Suspicious Gifts or Transfers
Some people attempt to hide assets by “gifting” money or property to friends or family with the understanding it will be returned after the divorce. Be wary of any significant or sudden transfers—especially if they don’t align with past behavior.
6. Claims of Financial Trouble
If your spouse suddenly reports business losses, reduced income, or financial hardship especially from a previously stable source dig deeper. Business owners may manipulate earnings, inflate expenses, or defer income. In some cases, employers may even delay bonuses or commissions to help a spouse minimize reported income during divorce proceedings.
7. Lavish Spending That Doesn’t Match Income
If you’re living apart and your spouse’s lifestyle seems inconsistent with their reported income luxury items, travel, or unexplained purchases it could be a sign that some assets or income are being concealed.
8. Rushed Agreements or Pressure to Sign
Be cautious if you’re being urged to sign financial documents or a settlement without adequate time to review them. Never agree to anything without fully understanding the implications. Always consult a lawyer or financial advisor if you’re unsure.
9. Reluctance to Discuss Finances
If your spouse dodges financial questions, gives vague answers, or refuses to provide full access to records, it’s time to dig deeper. While there could be innocent explanations, consistent avoidance or secrecy is a strong signal that something may be amiss. In these cases, speaking with a divorce attorney is essential.
Do You Need a Lawyer to Help Uncover Hidden Assets?
While you may be able to begin reviewing financial records and tax documents on your own, uncovering hidden assets during a divorce can quickly become complex. If you notice red flags or have reason to believe your spouse is concealing assets, it’s time to speak with a qualified attorney ideally one experienced in family law and asset investigations.
At Mokolo Law Firm, we understand that identifying hidden property or income often requires more than just intuition. Properly navigating the discovery process demands a thorough understanding of court procedures, evidentiary rules, and strategic legal tools. Our team is skilled in using formal discovery methods to ensure all relevant assets are disclosed.
In more intricate cases, we collaborate with trusted forensic accountants who specialize in tracing assets and uncovering financial irregularities. If you’re considering challenging a finalized divorce settlement based on newly discovered assets, we’ll explain your rights and options under your state’s laws.
Let us at Mokolo Law Firm help protect what you’re entitled to. Contact us today for a confidential consultation.
by Mokolo LawSame-Sex Divorce in Texas
Divorce can be an emotionally and financially stressful process for any couple. However, same-sex couples face specific legal issues that differ from those faced by heterosexual couples. While same-sex couples can now enjoy marriage equality, divorce equality is still catching up. From splitting assets to child custody rights, the details of divorce that are often clear in a heterosexual marriage can be more complex for same-sex couples.
Texas has a history of banning and restricting these unions, which can create additional challenges for same-sex couples seeking divorce. If you’re in a same-sex relationship and considering divorce, it’s important to understand the legal issues involved and to hire an experienced lawyer to guide you through the process. In this blog, we’ll examine the laws and procedures related to same-sex divorce in Texas, and explore ways to navigate the process more easily.
Same-sex marriage wasn’t legal until 2015, when the U.S. Supreme Court issued a landmark ruling in Obergefell v. Hodges. That decision made same-sex marriage legal across the entire country, including in Texas.
Before 2015, same-sex couples in Texas couldn’t legally marry or divorce. Many had to travel to other states just to end their relationships legally. This made things complicated and confusing, especially for couples trying to understand how to get divorced.
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Legal Rights and Challenges of Same-Sex Divorce in Texas
1. Marriage Status
One of the first legal hurdles for same-sex couples divorcing in Texas is determining the legal status of their relationship. While same-sex marriage is now legal across the U.S., some couples may have been married in a jurisdiction where it wasn’t recognized at the time, or they may have entered into a domestic partnership or civil union. In such cases, they may need to take additional legal steps to confirm that their relationship qualifies as a legal marriage under Texas law. A lawyer can assist with this process and ensure everything is handled appropriately.
2. Property Division
Another legal issue same-sex couples may encounter during divorce is property division. In Texas, property division is governed by community property law, which generally splits marital property based on what was earned or acquired during the marriage. However, many same-sex couples lived together in long-term relationships before they could legally marry. Texas law does not automatically count those years as part of the legal marriage for property division purposes.
If a couple acquired property before their legal marriage—even jointly—the court may treat it as separate property unless there is a legal agreement (such as a partnership or cohabitation agreement) or clear evidence of joint ownership.
3. Child Custody and Support
Child custody can be particularly complex in same-sex divorces. Texas law does not distinguish between same-sex and opposite-sex parents when deciding custody and support; what matters is the best interest of the child. A couple might have adopted a child, used a surrogate or sperm donor, or one partner may have brought a child into the relationship from a previous marriage. If both partners are not legally recognized as the child’s parents—such as when only one party legally adopted the child—custody matters can become complicated.
An attorney can help protect the parental rights of both parties and ensure decisions are made based on the child’s best interest.
4. Spousal Support (Maintenance)
Spousal maintenance in Texas is limited and granted only under specific circumstances:
- The marriage must have lasted at least 10 years, or
- The paying spouse was convicted of family violence within two years of filing, or
- The requesting spouse is disabled or caring for a disabled child, making them unable to earn sufficient income.
Although same-sex couples have equal rights to request maintenance, challenges may arise when there is disagreement about when the “real” relationship began compared to when the marriage was legally recognized.
5. Right to File for Divorce in Texas
Same-sex couples are fully entitled to file for divorce in Texas. However, they must meet the residency requirements. At least one spouse must have lived in Texas for six months and in the county where the divorce is filed for at least 90 days. This can present a hurdle for couples who have recently relocated to Texas and do not yet meet these requirements.
Even if the marriage took place in another state or country, Texas recognizes same-sex marriages legally performed elsewhere, and Texas courts have jurisdiction as long as residency conditions are met.
6. Protective Orders and Enforcement
All divorcing individuals—regardless of gender or sexual orientation—have the right to seek protective orders in cases of domestic violence, harassment, or threats. They also have the right to request enforcement of court orders regarding child support, custody, or property division when the other party fails to comply.
Texas courts can impose fines, wage garnishment, or even jail time for violations of court orders.
7. Discrimination
Same-sex couples may still face discrimination or bias during the divorce process, whether from the legal system or from their ex-partners. Although the legalization of same-sex marriage has advanced LGBTQ+ rights, prejudice and stereotypes can still influence legal proceedings. A knowledgeable attorney can help ensure your rights are protected and that discrimination does not affect the outcome of your case.
Process for Obtaining a Same-Sex Divorce in Texas
The process for obtaining a same-sex divorce in Texas is essentially the same as for opposite-sex couples. One spouse must begin by filing a petition for divorce with the appropriate court, and the other spouse must be formally served with a copy of this petition.
After the petition is filed, the couple must resolve several key issues: division of property, child custody and visitation (if applicable), and spousal support. These issues may be resolved through negotiation, often with the assistance of attorneys or mediators. If an agreement cannot be reached, the case may proceed to trial.
If the case goes to trial, a judge will make decisions on any unresolved matters. Trials can be both time-consuming and costly, so it is generally in the best interest of the couple to resolve as many matters as possible outside of court.
Once all issues are resolved—either through agreement or by court order—the court will issue a final divorce decree, officially ending the marriage.
Tips for Navigating the Same-Sex Divorce Process in Texas
If you’re considering a same-sex divorce in Texas, here are some important tips:
- Prepare for Potential Challenges
Same-sex divorces may involve unique legal or logistical hurdles, especially for couples married in other states or with complex financial arrangements. Be proactive and work closely with your attorney and any necessary experts. - Seek Legal Counsel
Hire a divorce attorney experienced in same-sex divorce cases in Texas. A knowledgeable attorney can provide crucial legal advice, represent your interests, and help ensure that your rights are upheld. - Consider Mediation
Mediation is often a less adversarial and more cost-effective way to resolve disputes involving property, child custody, or support. It can help reduce both emotional stress and legal expenses. - Take Care of Your Well-Being
Divorce can be emotionally draining. Prioritize your mental and emotional health. Lean on friends, family, or professional counseling, and give yourself space to heal and move forward.
Final Thoughts
Same-sex divorce is a complex legal process that benefits from the guidance of an experienced attorney. Issues such as establishing the legal status of the marriage, property division, child custody, and potential discrimination require a deep understanding of both the law and each couple’s individual circumstances. Attempting to navigate these challenges without legal help can lead to serious emotional and financial consequences. An attorney experienced in same-sex divorce can help protect your rights and ensure you are positioned to start the next chapter of your life with confidence.
Contact Us
If you’re in need of Texas-based divorce mediation or a same-sex divorce attorney, Mokolo Law Firm PLLC is a trusted Houston divorce law firm with the experience to achieve the results you and your family deserve.
by Mokolo LawCross-Border Divorces Between Texas and Nigeria
Going through a divorce can be one of the most complicated and challenging times in one’s life. When it involves two countries like the U.S. and Nigeria, the process becomes even more complex.
Cross-border divorces between Texas and Nigeria require a deep understanding of the laws governing both countries and how they interact. Legal systems, cultural expectations, and international laws all play a major role on how a cross-border divorce unfolds.
This blog provides a guide to exploring the legal complexities, jurisdictional issues, and key considerations for spouses seeking a divorce across these two regions.
Recognition and Validation of Divorce Between Texas and Nigeria
One of the biggest concerns in a cross-border divorce is whether both countries will recognize the divorce decree and where the case should be filed.
1. Divorces Granted in Texas
For a divorce to be filed in Texas, at least one spouse must have been a resident of the state for at least six months and a resident of the county where the petition is filed for at least 90 days. For instance, if a couple married in Nigeria but later relocated to Texas, they can file for divorce in a Texas court, provided one of them meets the residency requirement under Texas law.
To have a Nigerian divorce recognized in Texas, one might need to go through a legal validation process, which could involve:
- Filing a petition in a Texas court to acknowledge the foreign divorce.
- Proving that the Nigerian court had proper jurisdiction over the case.
- Showing that both parties had fair representation in the Nigerian proceedings.
Texas courts only recognize a Nigerian divorce that meets due process standards, meaning that both parties must have been properly notified and given the opportunity to present their case.
2. Divorces Granted in Nigeria
Nigerian courts recognize both customary and statutory marriages. For statutory marriages (those registered under the Marriage Act), divorce proceedings are handled by the High Court. Customary and Islamic marriages follow different dissolution processes, depending on local customs and religious laws. If a couple married in Texas but wants to divorce in Nigeria, the case would fall under Nigerian law, specifically the Matrimonial Causes Act.
Once a divorce has been concluded in Texas, it is generally recognized in Nigeria, especially under private international law. However, to ensure full recognition, the divorced party may need to file for reaffirmation of the divorce in a Nigerian court where they initially got married.
Challenges in Cross-Border Divorces Between Texas and Nigeria
1. Child Custody and Support
One of the most sensitive issues in cross-border divorces is child custody and support, as it directly affects the well-being of the child. Enforcing a child custody agreement can be challenging if one parent is in Texas and the child is in Nigeria (or vice versa), especially if the child was taken without permission. This is because The Hague Convention on the Civil Aspects of International Child Abduction does not apply to Nigeria.
If custody disputes arise, the best approach is to secure a legally binding agreement in both countries to prevent future conflicts.
2. Grounds for Divorce
In Texas, one can file for either a fault-based or no-fault divorce. Common grounds include irreconcilable differences, adultery, abandonment, and cruelty.
In Nigeria, under the Matrimonial Causes Act, statutory marriages can be dissolved on grounds such as adultery, desertion, lack of consummation, and irretrievable breakdown of the marriage.
3. Division of Assets
Texas follows community property laws, meaning that both spouses are entitled to an equal share of assets acquired during the marriage.
In Nigeria, asset division depends on whether the marriage was conducted under customary or statutory law. Nigerian courts do not always follow the same principles as Texas courts when dividing marital property. Enforcing a Texas court’s division of assets in Nigeria (or vice versa) may require additional legal steps.
4. Polygamy & Religious Divorces
Nigeria recognizes customary and Islamic marriages, which may include polygamous unions. However, Texas does not recognize polygamy. A divorce under Islamic or customary law in Nigeria may not automatically be valid in Texas unless it meets legal requirements.
A couple married under Islamic or customary law in Nigeria may need both a religious and a civil divorce to avoid complications in Texas.
5. Enforceability of Court Orders
A major challenge in cross-border divorces is ensuring that court orders, such as custody arrangements and financial settlements, are enforced in both countries. While the U.S. has mechanisms for enforcing foreign judgments, Nigerian courts may require additional steps for recognition and enforcement.
Steps for a Smooth Cross-Border Divorce Between Texas and Nigeria
1. Hire Family Law Attorneys Familiar with Both U.S. and Nigerian Laws
- Engage a Texas-based attorney to guide you through U.S. legal processes.
- Hire a Nigerian attorney to ensure the divorce is recognized in Nigeria.
2. Confirm Jurisdiction
- Decide where to file for divorce based on residency and legal recognition factors.
3. Address Custody and Property Issues Early
- Secure agreements in both countries to prevent future disputes.
4. Validate the Divorce Internationally
- Determine how to get a Texas divorce recognized in Nigeria and vice versa.
- If divorcing in Texas, file a petition if required.
5. Consider Mediation
- If both spouses are willing, mediation is a faster and less expensive way to reach agreements.
6. Understand Immigration Implications
- If one spouse’s visa or residency status is tied to the marriage, a divorce may impact their ability to remain in the U.S.
7. Keep Proper Documentation
- Maintain records of marriage certificates, residency proof, and any prior legal agreements to support your case.
Conclusion
Cross-border divorces between Texas and Nigeria require careful legal planning. By understanding both legal systems and working with professionals in both countries, major complications can be avoided. Taking the right steps early can help you move forward with peace of mind.
Need expert legal advice? Consult Mokolo Law Firm. Our family law attorneys in both Texas and Nigeria will ensure your rights are fully protected.
by Mokolo LawStatute of Limitations in Texas Family Law
Divorce can be complicated and emotional, with many legal factors to consider. One important but often overlooked rule is the statute of limitations on divorce settlements. This sets a time limit on how long a person has to enforce their settlement agreement. Understanding this deadline is important for protecting your rights after a divorce. In this guide, we’ll explain why the statute of limitations matters, review common time limits in Texas and share tips on how to handle this legal time frame effectively. Family law disputes are subject to several time limits that can impact how your matter is resolved. The time limits that most separated people might encounter relate to divorce applications and property settlements.
Under Texas law, married spouses can seek a fair division of their marital property, but they must do so within specific time limits. The deadlines are as follows:
- A suit for property division must be filed before the divorce is finalized; Texas follows community property laws, meaning the court divides assets during the divorce process.
- If a spouse believes there was fraud on the community (such as hidden assets), they generally have two years from when the fraud was discovered to file a claim.
- If a spouse passes away, property division disputes may be handled through probate proceedings, but there is no strict six-month deadline for filing a claim.
A court may allow a late claim if there is a valid legal reason to grant relief, the delay occurred in good faith (meaning it was not intentional or due to negligence), and granting the claim would not cause significant harm to the other party.
Other family law claims, such as spousal maintenance, have specific eligibility requirements but must generally be requested before the divorce is finalized. However, enforcement actions for unpaid spousal maintenance may have different time limits.
Similarly, child support can be pursued as long as the child is legally entitled to support. In Texas, child support obligations generally continue until the child turns 18 or graduates from high school, whichever is later. Retroactive child support may also be requested, but there are limits on how far back a claim can go.
What is Statute of Limitations?
A statute of limitations is a law that defines the maximum amount of time in which parties involved in a dispute must initiate legal proceedings following an alleged offence. The duration of a statute of limitations varies depending on the nature of the offence and the location of the jurisdiction.
The law applies to both civil and criminal cases. More serious offenses, such as murder or war crimes, often have no statute of limitations. It’s also applied in civil law to matters like consumer debt, where the debt becomes time-barred debt after the statute of limitations has passed.
Benefits of a Statute of Limitations
A statute of limitations is sometimes controversial due to cases where legal action cannot be brought against an offender because the maximum length of time has elapsed. However, proponents of a statute of limitations argue that, for practical reasons, it is most equitable to limit the initiation of legal proceedings to a reasonable period after the event. As time goes on, important evidence may be lost, and the memories of witnesses can grow foggy. Legal proceedings brought under these circumstances may not be fair to all parties.
Common Statutes of Limitations for Family Law Cases in Texas
In Texas, the statutes of limitations are provided by the Texas Civil Practice and Remedies Code Chapter 16. While most civil statutes of limitations are from one to four years, some may be much longer. These time limits vary depending on the type of case. Below are some common statutes of limitations and time periods:
1. Child Support Enforcement: The statute of limitations for enforcing child support orders in Texas is generally ten years from the date the payment was due.
2. Child Custody Modifications: A parent can request a change to a custody order anytime before the child turns 18, as long as there is a valid reason—such as significant changes in the child’s needs or concerns about the other parent’s ability to provide proper care.
3. Paternity Claims: A paternity suit to establish a father’s legal rights must be filed before the child turns 4, unless fraud or mistake prevented the claim earlier.
4. Termination of Marriage: The statute of limitations for annulment depends on the grounds;
Underage marriage: Must be filed before the underage spouse turns 18.
Fraud, duress, or force: Must be filed within four years of the marriage.
5. Property Division and Debts: In Texas, the statute of limitations for enforcing property division orders is generally ten years from the date of the divorce decree.
6. Spousal Maintenance (Alimony): For spousal maintenance orders, the statute of limitations in Texas is generally ten years from the date of the divorce decree.
7. Enforcement of Decrees: There is no specific statute of limitations for the enforcement of divorce decrees in Texas, but it’s advisable to take legal action promptly.
These time limits ensure legal matters are addressed within a reasonable period while protecting the rights of all parties involved. It’s important to note that these are general guidelines, and the specifics can vary based on the circumstances of each case. Additionally, laws may have changed since my last update. Therefore, for the most accurate and up-to-date information, consult with a family law attorney in Texas or refer to the Texas Family Code.
In Conclusion
Statutes of limitations in family law ensure that legal disputes are resolved within a reasonable timeframe while protecting the rights of all parties involved. These time limits vary depending on the type of case such as child support enforcement, paternity claims, or property division after divorce. Delays in family law cases can have serious consequences. For example, they may affect child custody arrangements or make a judge think one party is being unreasonable. In most cases, delays do not completely take away a person’s right to go to court, but in some situations, waiting too long can mean losing the right to seek certain legal remedies.
Watch: The best advice I can give to single men and women
At Mokolo Law Firm, we are sensitive to the needs and the rights of our clients while helping them cope with the realities of their divorce, child custody or family law case. Our staff of attorneys have the experience and knowledge to help guide you through this challenging time.
Our goal is to empower our clients to take control of the issues that will affect their lives and when necessary to provide an aggressive stand in court. Call us today for a free consultation!
by Mokolo LawHow to Get Visitation Rights in Texas
One of the most contested issues involving children is the issue of possession and access, more commonly known as visitation. Trying to get visitation rights in Texas can feel confusing, especially if you don’t know where to start. Whether you’re a non-custodial parent, grandparent, or another family member wanting to spend time with a child, it’s important to understand the law and your right. Texas courts always focus on what’s best for the child, but getting visitation isn’t always easy.
In this article, we’ll explain the steps to request to securing visitation rights in Texas, what the court looks at when making a decision, and how to handle any challenges. If you’re struggling with a custody issue or just want to know your rights, this article will help you understand what to do next.
Understanding Visitation Rights in Texas
Visitation can be broken down into two categories: Standard Possession and Custom Orders.
A Standard Possession Order (SPO) is the default visitation schedule used by Texas courts when determining how a non-custodial parent (the parent without primary custody) will spend time with their child. It outlines specific visitation times, including weekends, holidays, and summer breaks.
The SPO typically includes; weekend visits, extended summer visitation and holiday schedules. The SPO applies unless the court determines a different arrangement is in the child’s best interest.
A Custom Possession Order (CPO) is a personalized visitation schedule created to fit the unique needs of a child and their parents. Instead of following the standard schedule, parents (or the court) can agree on a different arrangement based on factors like work schedules, distance, or the child’s needs. A CPO may include; a different weekday or weekend visitation times, adjustments for parents who live far apart and additional visitation rights based on mutual agreement.
A Custom Possession Order can only be used when the Standard Possession Order does not work well for a family and must be approved by the court.
None custotian parents are usually given visitaion rights in Texas.This order outlines how and when the non-custodial parent can spend time with the child. And this schedule varies, depending on the child’s age, parent’s location and other factors. Usualy, Texas courts use a “Standard Possession Order (SPO)” to determine a visitation schedule.
Who Can Request Visitation Rights?
Anyone can request a visitation right of the child, so long there is a relationship existing between them.
1. Non-Custodial Parents
A parent who doesn’t have primary custody of the child has the right to visitation. Except in some unusual cases where the court feels it is harmful for the child and may deny or limit visitation. Reasons could be;
*A history of abuse or domestic violence on the child or others.
*Drug or alcohol addiction affecting parenting ability.
*Neglecting or abandoning the child
*Mental health issues that put the child at risk.
*A history of kidnapping or not returning the child or threats of abduction.
*Repeatedly violating court orders in the past.
*Having a negative influence on the child. Like, exposing the child to crime, danger, or unsafe environments.
*If the child strongly opposes visitation.
In some cases, courts may allow supervised visitation, instead of full denial. Standard visitation typically includes weekends, holidays, and extended time in the summer.
2. Grandparents
Grandparents play an important role in a child’s life, but in Texas, they do not have an automatic right to visitation. The court typically presumes that a child’s parents have the right to decide who is involved in their child’s life. However, in certain circumstances, grandparents can request court-ordered visitation if they can prove that it is in the best interest of the child. Since Texas law makes grandparent visitation difficult, consulting a family law attorney can help build a strong case.
A grandparent may seek visitation if;
*One parent is deceased, incarcerated, or declared incompetent by the court.
*One parent’s rights have been terminated.
*The child has lived with the grandparent for at least six months.
*When denying visitation would be harmful to the child’s well-being.
Grandparents must show prove that their relationship with the child is beneficial, denying visitation would negatively impact the child and the parent restricting visitation is not acting in the child’s best interest.
3. Other Family Members
In Texas, visitation requests from extended family members are rarely approved unless there are special circumstances, such as the child’s parents being unfit or absent that justify court intervention. Other family members such as aunts, uncles, adult siblings, or even close family friends may want to request visitation with a child. However, unlike parents and grandparents, the law does not automatically grant them visitation rights. Courts generally prioritize the rights of the child’s parents and assume they are making the best decisions for their child.
Unlike parents and grandparents, most relatives have no clear legal path for visitation unless extreme circumstances exist.
Steps to Request Visitation Rights in Texas
When seeking visitation rights in Texas, there are steps thatmust be followed to the letter and they are;
1. Filing a Petition
A legal request, which is called a petition, must be filed with the family court in the county where the child lives by whoever is requesting. This document asks the court to grant visitation and explains why it would be in the child’s best interest.
2. Other Parent Notification
The child’s other parent (or guardian) must be formally notified of the request. It is their choice to agree or disagree to the request.
3. Attend a Court Hearing
If the other parent disagrees with the request, a judge will hold a hearing. Evidences need to be present showing why visitation is in the child’s best interest. This may include witness statements, records of past involvement with the child, and proof that visitation will not harm the child.
4. Receive the Court’s Decision
The judge will decide whether to grant visitation based on the evidence presented. If approved, the court will issue a visitation order outlining when and how visits will take place.
What to do When Visitation Rights are Denied
If the custodial parent refuses visitation in Texas, document every instance, try to resolve the issue through communication or mediation, and if necessary, file a motion for enforcement. Courts may impose fines, jail time, or other penalties on the non-compliant parent. There are also futher steps that can be taken.
File an Appeal: The petitioner may believe the court made a mistake, so he/she can appeal the decision. But this process can be very long and difficult.
Request Mediation: A neutral third party can be of help to the petitioner and the other parent can reach an agreement outside of court.
Modify an Existing Order: If circumstances change (e.g., the custodial parent moves away or prevents visitation), the petitioner can ask the court to modify the order.
Police Intervention: Police generally do not enforce child visitation orders in Texas as these are civil matters. However, if there is an immediate risk to the child’s safety or a court order is being violated, the police can intervene.
In Conclusion
Getting visitation rights in Texas can be challenging, but it’s possible if you follow the right legal steps and the help of a family lawyer who can guide and assist through the case. The most important thing to keep in mind is that courts prioritize what’s best for the child. If you have a strong relationship with the child and can show that visitation will benefit them, your chances of getting a court-approved schedule are much higher.
Need help with your custom or standard visitation schedule in Texas? Mokolu Law Firm is here to support you every step of the way.