McCRORY LAW FIRM
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McCRORY LAW FIRM |
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business & real estate wills & Estates family law |
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McCRORY LAW FIRM 8080 N.Central Expy., Ste. 1400 Dallas, TX. 75206 214 / 369-9918
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The McCrory Law Firm has the understanding, knowledge and experience to assist you with your family law needs. We have successfully assisted people in Dallas, Denton, Plano, Fort Worth, Flower Mound, Lewisville, Frisco and elsewhere throughout the Metroplex with divorces and property division, custody and support. Our litigation has ranged from cases involving paternity, custody battle involving the murder/suicide of the parents, adulterous spouses, impotent husband, grandparents, aunts and a boyfriend to suits over custody, support and visitation involving citizens of different states. With over 25 years of experience, whether it be a jury trial, mediation or arbitration, we have the experience and knowledge you need on your side.
Property division often involves ownership of or investments in sole proprietorships, corporations, partnerships or real estate and often invokes the need for experts to review, analyze and determine the true value of businesses and investments by way of assuring a true accounting of assets by all parties - crucial when dividing the property of the parties. Tracing and determining the percentage ownership of each party in the retirement benefits of the other spouse acquired during the marriage requires the skills of retirement specialists and actuaries. While custody and possession matters frequently demand the services of psychologists.
The McCrory Law Firm with our team of psychologists, economists, business and real estate valuation experts, will assist you with all of these difficult issues. We will provide the right team of experts for your needs and to tackle the legal issues encountered in your case. Thorough preparation assures enhanced opportunity for success.
For more information, click the highlighted words above or scroll down.
Call or email and let us help you with your case! *We provide free consultation sufficient to permit us to determine if we can be of assistance to you. There is no charge if we cannot assist you. Fees are charged if we accept your case. We do not provide free legal advice, however.
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Factors leading to divorce are adultery, conversion of community assets, control issues, absence from home, alcoholism, mental problems, abuse, addictions, abdication of responsibility and lack of love, among many others. The McCrory Law Firm has represented clients in Dallas, Fort Worth, Frisco, Plano, Denton, Lewisville, Richardson and elsewhere throughout the Metroplex with their family law needs, including divorce, and property division, custody, support, visitation and modification and enforcement of these for over 25 years.
We have the understanding, knowledge and experience to assist you with your family law needs. Our litigation has ranged from cases involving paternity, custody battle involving the murder/suicide of the parents, adulterous spouses, impotent husband, grandparents, aunts and a boyfriend to suits over custody, support and visitation involving citizens of different states. Whether it be a jury trial, mediation or arbitration, we have the experience and knowledge you need on your side.
We provide the experience in dealing with the emotional and financial issues facing every client to realize a fair and equitable result by way of settlement or trial or resolution of their community property and reasonable and just resolution of child custody and visitation matters in the best interest of the children. We provide a strong and comforting presence in times of family strife.
We have earned our reputation in the legal profession for our ability, integrity, aggressiveness and professionalism. At the McCrory Law Firm we give our clients and the matters they entrust to us the attention and time they deserve. We have been providing our clients with successful legal representation for over 25 years. We will do the same for you.
YOUR CASEWe would like to assist you with your family law case. The McCrory Law Firm with our team of psychologists, economists, business and real estate valuation experts, will assist you with all of these difficult issues. We will provide the right team of experts for your needs and to tackle the legal issues encountered in your case. Thorough preparation assures enhanced opportunity for success. We will bring our years of legal experience and resources to your side of the issue backed by our team of consultants. Put us to work for you. We will prepare your case for trial with an attention to detail that increases the likelihood of reaching a winning result and, thereby, provide the best opportunity for reaching a fair and successful resolution of your case. You can feel confident that you will obtain a fair and reasonable resolution by settlement or we will not hesitate to resolve it by trial if necessary.
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Q & A's How long does it take to get a divorce? Texas has a minimum wait time of 60 days from the filing of the divorce. If an agreement can be reached on all matters between the parties a divorce can be obtained anytime after that period. If an agreement cannot be reached, then a case is set on the court's docket at the first available date. This may be six months or more. How long must you live in Texas to file for divorce? There is a six month residency requirement within the state and 90 days within the County where you bring the suit for divorce. However, you may be able to initiate a divorce proceeding prior to that time in some cases, allowing the residency requirements and the 60-day period to run simultaneously. Does Texas have "legal separation" ? Texas does not have this stage in the divorce process. In Texas, you are married until the Court grants a divorce. However, that does not mean that the parties cannot be separated. The Court may grant one party exclusive use of the home, a car or other property until the divorce is granted. What is Community Property and Separate Property:? Community property is all property that you and your spouse have acquired during your marriage together with the exception of property that you have inherited, received as a gift, owned prior to your marriage and recovered in a lawsuit for certain types of personal injury damages which is referred to as separate property. Property includes, money, securities and retirement benefits, ownership interests in business as well as tangible property. All property is presumed to be community unless the party asserting it to be separate property can prove otherwise. Sometimes the line between the two becomes blurred often creating much litigation. Some property can be owned partially by the spouses together (community property) and part by one spouse as their separate property at the same time. The difficulty often comes in the valuation of the property and determining the percentage ownership of each. The court must make a "just and right" division of the community property and has broad authority in making that division. Factors which the judge may consider are fault in the breakup of the marriage; benefits the innocent spouse may have derived from the continuation of the marriage; disparity of earning power of the spouses and their ability to support themselves; community indebtedness and liabilities; the ages of the spouses; the earning power, business opportunities, capacities, and abilities of the spouses; the nature of the property involved in the division; the size of the separate estates of the parties; the expected inheritance of the parties; the acts of either party in wasting community assets; the breach of a party's fiduciary duty owed to the other party; excessive gifts made by a party; and attorney's fees to be paid among others. Can I get help while the Divorce is Pending? It is quite common to obtain Temporary Orders which may grant exclusive use of a home or vehicle, oversight on the operation of a business, restrictions on use of monies and retirement benefits accumulated during the marriage, support, prohibitions against destroying community property, incurring debt, harassing the other spouse or child, among others. What is an Agreement Incident to Divorce? This is what is thought of as a settlement agreement. Typically if the parties are able to resolve the issues in their divorce they embody them in an Agreement Incident to Divorce (AID). Most often the AID will include provisions for divorce grounds, property and liability division, child conservatorship and possession, child support and tax preparation for affected periods. BACK TO EXPERIENCED BACK TO TOP
The best interest of the child is always the primary consideration of the Court in determining the issues of conservatorship and possession of and access to the child. There is little else that evokes the emotions of a custody battle. The courts in Texas presume that joint conservatorship is in the best interest of the child. Most of the time this is correct. If one spouse can demonstrate to the satisfaction of the court that it is not in the best interest of the child for the other spouse to be a joint conservator or perhaps even a possessory conservator because the appointment would significantly impair the child's physical health or emotional development the court can restrict or prohibit the other spouse from possession of or access to the child.
Similarly, proof that the parent voluntarily relinquished actual care, custody or control of the child for one year and the best interests of the child would not be served may, also, be cause to preclude the parent from being appointed as a managing or possessory conservator as would a history of family violence by the parent. The following factors may be considered to determine whether the presumption in favor of joint managing conservatorship has been rebutted: (1) benefits to the child, (2) the cooperative decision-making ability of the parents, (3) geographical proximity, (4) the parents' ability to promote a positive relationship with the other parent, (5) the parents' prior child-rearing participation, and (6) any other relevant factor
Modification
However, under the Family Code, a court may replace a joint managing conservatorship with a sole managing conservatorship if the circumstances of the child or one of the parties have so materially and substantially changed since the decree that it has caused the order to become unworkable. When changing the entire conservatorship structure, a court must find that the changed circumstances caused the prior order to become unworkable and that a sole managing conservator is in the child's best interest. Likewise, the court may change the terms and conditions of conservatorship, or the possession of or access to a child if modification would be in the best interest of the child and the statutory requirements are met.
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Q & A's
What Type of Visitation is Normally Given? In Texas, it is presumed to be in the best interest of the child for both parents to be named as Joint Managing Conservators. However, it is most common that one parent be named as the primary managing conservator, being given the right to designate the residence of the child and granted superior rights to the other, and for possession in accordance with provisions of the Texas Family Code. The court will specify the respective rights and responsibilities of each parent regarding the child. These typically will follow statutory schemes. The "Standard Possession Order" sets forth a uniform "visitation" schedule to be adhered to by the joint managing conservators and is usually ordered, unless the parties agree otherwise or the court finds sufficient reason to vary from it.
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In order to make support for the child more uniform, the Texas Family Code provides child support guidelines for the setting of support and which are presumed to be in the best interest of the child. The court can deviate from those guidelines, however. Circumstances of a particular case may provide cause for the court to deviate from the guidelines. Additionally, when the net resources of the paying spouse exceed $6,000 per month, the court may order additional support above the guidelines if supported by evidence of the needs of the child.
Modification
Texas
Family Code
provides that a court may modify
an order that provides for the support
of a child if
(1) the circumstances of the child or a person affected by the order have
materially and substantially changed since the date of the prior order or
prior settlement agreement upon which the prior order is based, or (2) it
has been three years since the order was rendered or modified last and the
monthly amount of the child support award under the prior order differs by
20% or $100 per month from the guidelines amount. The court
may modify
the order to substantially conform with the guidelines if the modification
is in the best interest of the child.
A court may also consider other relevant evidence in addition to the
factors listed in the guidelines. When ruling on child-support
matters, including a requested modification,
the trial court may consider, among other factors: (1) the needs of the
child;
(2) the ability of the parents to contribute to the child's
support; (3) any financial resources available for the support
of the child;
and (4) the amount of possession of and access to a child.
Evidence regarding the parents' financial circumstances or the child's
financial circumstances and needs at the time of the divorce and the time
of the modification
hearing should be presented to the trial court. Should the requisite
changed circumstances appear, the trial court may then alter the child-support
obligation. If the actual income of a parent is significantly less than
his potential income because of intentional underemployment, the court may
consider earning potential in setting child
support.
Q & A's How is Child Support Determined? In most cases, child support is calculated using the support guidelines set forth in the Texas Family Code. The payor's monthly "net resources" is multiplied by a percentage which is determined by the number of children at issue and others not before the court (e.g., the percentage for one child would be 20% but 17.5% if the payor has another child for which the payor is liable that is not before the court in the present matter). Child support is usually required of the parent not appointed as the primary joint managing conservator.
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McCrory Law Firm ... when results count! sm
214/369-9918
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Except as otherwise agreed, in contingent fee cases, there is no attorneys fees unless you recover. Court costs and litigation expenses are paid by client. Any medical costs are the sole responsibility of the client. No contingent fees in Family Law Matters.
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SM and © 2004-2007 TOM M. McCRORY III
ALL RIGHTS RESERVED