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Experience Matters When it Comes to Tackling Tough Cases!

Contact Nacol Law Firm for help with Child Custody, Child Support, Child Visitation, Parental Alienation, Paternity, Interstate Jurisdiction, Property Division and Business Asset Protection.

Dallas Divorce Attorneys, Mark Nacol and Julian Nacol

Based in Dallas, Texas, the Nacol Law Firm PC, traces its roots to the firm of Mark A. Nacol and Associates PC, established in 1979. The Nacol Law Firm team shares its experience on a variety of legal topics here.  See our recent posts below.

What Happens in a Texas Divorce ?

Divorce can be frustrating, confusing, and resentful. Divorce is never a pleasant experience even in the most amicable terms. It is important to know what you are in for when a divorce is filed. An original petition will be filed, and your spouse must be served with a process server.

After service of the original petition, the Petitioner may file for a Temporary Restraining Order (“TRO”) to protect the child and marital estate. Once a TRO is granted by the District Judge, a temporary order hearing will be set within 14 days. This temporary order hearing is extremely important and will determine the direction of the case.

Temporary Order hearings are usually condensed to 20 minutes a side depending on the complexities of the case. Within this 20 minutes, you will have to put on evidence for your entire case regarding custody of the children, management of the marital estate, and any other considerations such as receivership of a business.

After the temporary orders hearing, the case will dive into full throttle litigation. Discovery on both sides is usually conducted including interrogatories, admissions, and production of documentations. The documents that are usually requested consists of bank statements, retirement pensions, social media pages, text messages, and emails. Each case requires specific Discovery requests that are narrowly tailored to the facts presented. Discovery can last months and usually follow with motions to compel and sanctions. In highly contested cases the rigors of discovery and compiling documentation can be brutal.

During the Discovery phase, Depositions may be warranted. Depositions consists of your attorney questioning your spouse and any other witnesses that are relevant to the case for impeachment purposes. Depositions are necessary if the case will go to a jury, because impeachment of your spouse is a necessity to prove your truthfulness.

Mediation is, more often than not, mandatory in Courts, but this is the general rule. Certain Courts in the Dallas, Fort Worth, and Collin county do not require mandatory mediation. Each Court has its own rules of procedure and requirements. If the Mediation fails to produce a settlement between you and your spouse, then the only thing left is trial.

Depending on the complexities of the case and assets, a trial can last half a day or be a three-day trial. Most trials are before the District Judge. Certain facts may give rise to a jury trial but a jury trial is more costly and can take up more time. After the trial is complete the parties will have to wait for a ruling. This can take days to months depending on the case and jurisdiction.

When the final ruling is given to all parties, the Judge will charge one party to create a final order that will be submitted to the Court. This can give rise to more litigation depending on the interpretation of the Judge’s rulings by both parties. Finally, when both parties agree to a final order or the Judge determines which version of the final order is proper, then the case will be over.

Divorce can be a painful process that lasts 6 months to three years depending on the circumstances and the nature of the parties involved. If you are about to file for a Divorce in the DFW metroplex call Nacol Law Firm so that you have an experienced family law attorney to represent your interests throughout the process.

Julian Nacol
Dallas Divorce Attorney
Nacol Law Firm PC

Divorce Really Sucks (a view from the trenches) Part II

Psychological Impact Of Marital Dissolution On The Nuclear Family – or

How does divorce make you feel?


Why do marriages fail? This writer has noted that there are a number of reoccurring causes for failure of the marital relationship. Among them, a nonexclusive list of these causes are:


  1. Control issues. Clearly unwanted control of the marital relationship from this writer’s view is the most dominating cause of marital failure. Control can be mental, physical or emotional. It can extend to who manages the marital estate, who has decision powers or input regarding asset acquisition and who shares information that goes to the core and lifetime issues of a marriage. Control is also impacted by simple unsolicited power – who manages the feelings of the husband and wife; are there limitations or artificial prerequisites to expressing feelings; are there false expectations; are there abuse issues. Abuse issues can be mental or physical. Although physical abuse is the most reported, clearly emotional abuse is an overwhelming reason for divorce as it relates to control of one spouse over the other.
  2. Outside forces. Parents, grandparents, great grandparents influence on the marital relationship, separate estates, proceeds, trusts, lands, stipends, independent wealth issues, religious issues, and step-children issues. Frequently, in blended families, step-children, children of the half blood, adopted or otherwise can be a crowning achievement for the blended family or a death sentence to its continuation. Although men and women wish, choose, and strive to accept another person’s child as their own, and in many cases are extremely successful in that regard, more often than not, artificial and unrealistic expectations of one spouse as to the other spouse’s attitude toward his or her children disrupt the marital relationship and place the non-blood spouse in an impossible position. Children of another marriage are frequently, depending on age and maturity, excellent adept manipulators of this difficult situation, sometimes terribly aggravating the problem and accelerating the breakdown of the marriage.
  3. Adultery. Adultery, though a cause of divorce, is almost always a symptom rather than a cause. People seek escape from stress, control, abuse, alcoholism, etc. both male and female, and often adultery (if not obsessive or compulsive) is a mere anesthetic and self-medication for feeling bad. When the emotional divorce has not been accepted, when the relationship has devolved into anxiety, depression, or high stress levels, people seek relief from those pains in others.
  4. Addiction. Alcoholism, drug abuse, gambling addiction, illicit sex addiction all contribute to and are conducive to a failed marital relationship. By far, alcoholism is the highest and best candidate for failure in the view of this writer. However, any form of addictive behavior which places an addictive person’s type of conduct or activity in the center of a relationship, at some point and time in the future, is dooming the husband and wife for the divorce lawyer’s office. There have been remarkable strides in treatment in recent years. There are rehabilitative, medical, and therapeutic answers to many of these issues that did not exist in the past. Still, without exception, there must be a full acceptance of the addicted person of his or her problem for these therapeutic means to result in an acceptable end.

The Nacol Law Firm PC
Law office of Attorney Mark Nacol
Serving clients in the Dallas – Fort Worth Metroplex area for over 30 years
Tel: 972-690-3333

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