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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.

Thinking of a Texas Divorce? Prepare A Financial Checklist For Your Next Move

Preparing for a Texas Divorce: Assets

Going through a Divorce is painful no matter what the circumstances are. Before you get into the Texas Divorce Process, reduce expense, stress and conflict by making sure you are financially prepared. Planning ahead helps you in making sound decisions, start preparing for post-divorce life, and avoid many post-divorce pitfalls. Below is a list of items you need to gather before counseling with an attorney. Financial Documents are a must to show what your true assets and liabilities are in your marriage.
We have included many assets that you may or may not have. This is only a financial checklist of multiple assets for your review so you will not miss an important asset that needs to be reported.

Documents:

1. Tax Returns (at least three years) or Tax Liens and all IRS related documents

2. Wills and Trusts with all attachments reflecting corpus and trust holdings

3. Listing of all liabilities (including mortgages, credit card debt, personal loans, automobile loans, etc.):
—Name of entity, address and telephone number
—Account number
—Amount owed
—Monthly payment
—Property securing payment (if any)
—Most current statements and account status of lenders

4. A Listing of all Real Property, address and location, including (includes time-shares and vacation properties):
–Deeds of Trust
—Notes including equity loans and second liens
—Legal Descriptions
—Mortgage Companies and Loan Servicers (Name, Address, Telephone Number, Account —Number, Balance of Note, Monthly Payments)
—Current fair market value
—Appraisals

5. Motor Vehicles (including mobile homes, boats, trailers, motorcycles, recreational vehicles; exclude company owned):
—Year
—Make
—Model
—Value
—Name on title
—VIN Number
—Fair Market Value
—Name of creditor (if any), address and telephone
—Persons listed on debt
—Account number
—Balance of any loan and monthly payment
—Net Equity in vehicle

6. Cash and accounts with financial institutions (checking, savings, commercial bank accounts, credit union funds, IRA’s, CD’s, 401K’s, pension plans and any other form of retirement accounts):
—Name of institution, address and telephone number
—Amount in institution on date of marriage
—Amount in institution currently
Account Number
—Names on Account
—Company loans and documents related to benefits

7. A listing of separate property (property owned prior to marriage, family heirlooms, property gifted, inherited property):
—Records that trace your separate property. These assets will remain yours if properly documented

8. Retirement & Pension Benefits:
—Exact name of plan
—Address of plan administrator
—Employer
–Employee
—Starting date of contributions
—Amount currently in account
—Balance of any loan against plan
—Documents

9. Publicly traded stock, bonds and other securities (including securities not in a brokerage, mutual fund, or retirement account):
—Number of shares
—Type of securities
—Certificate numbers
—In possession of
—Name of exchange which listed
—Pledged as collateral?
—Date acquired
—Tax basis
—Current market value
—If stock (date option granted, number of shares and value per share)
—Stock options plans and related documents

10. Insurance and Annuities Policies and Inventory:
—Name of insurance company
—Policy Number
—Insured
—Type of insurance (whole/term/universal)
—Amount of monthly premiums
—Date of Issue
—Face amount
—Cash surrender value
—Current surrender value
—Designated beneficiary
—Other policies and amendments

11. Closely held business interests:
—Name of business
—Address
—Type of business
—% of ownership
—Number of shares owned if applicable
–Value of shares
—Balance of accounts receivables
—Cash flow reports
—Balance of liabilities
—List of company assets
—Possible hobbies or side businesses that generate income

12. Mineral Interests (include any property in which you own the mineral estate, separate and apart from the surface estate, such as oil and gas leases; also include royalty interests, working interests, and producing and non-producing oil and gas wells:
—Name of mineral interest
—Type of interest
—County of location
—Legal description
—Name of producer/operator
—Current market value
—needs leases or production documents related to the asset

13. Money owed by spouse (including any expected federal or state income tax refund but not including receivables connected with any business)

14. Household furniture, furnishings and Fixtures
—photos
—purchase receipts and documents

15. Electronics and computers including software and hard drive

16. Antiques, artwork and collectibles (including works of art, paintings, tapestry, rugs, crystal, coin or stamp collections) Other large collections need to be appraised! (Guns, quilts, action figures, books)

17. Miscellaneous sporting goods and firearms

18. Jewelry including appraisals

19. Animals and livestock

20. Farming equipment

21. Club Memberships

22. Safe deposit box items

23. Burial plots including documents of ownership

24. Items in any storage facility

25. Travel Awards Benefits (including frequent flyer miles)

Holiday Violations of Visitation During Covid 19

The holidays are frustrating times for both spouses when undergoing divorce proceedings that involve custody issues with children. If a spouse violates a temporary custody order, he or she may not face consequences at the time but must explain their actions to a district judge in the future.

If a temporary custody order describes in detail the periods of possession during the Christmas holiday, this order will be binding on both spouses. The temporary custody order is binding civilly and NOT criminally. This is an important distinction to make before you decide to call the police. All of family law, with few exceptions such as domestic violence and protective orders, are governed within civil jurisdiction and not criminal jurisdiction.  Because temporary custody orders involving children are governed within civil jurisdiction, a police officer has no grounds to enforce the order.

Now if your spouse refuses to release the child into your custody at the prescribed time mandated within the temporary custody order then there are certain things that you should do to ensure it is properly documented for future civil contempt proceedings.

  1. Call the police!!! Many police departments will not respond because temporary custody orders are not criminally enforceable, but if the police department decides to respond then you may request a police report to be filed, noting that your spouse deliberately violated the temporary custody order. This may be used in Court to persuade the judge to hold your spouse in civil contempt.
  2. Save any text messages, emails, or recorded phone calls that demonstrate your spouse’s refusal to deliver the children into your custody during Christmas.
  3. Call your attorney and notify him of your spouse’s refusal to deliver the children into your custody.
  4. Do not get into a physical confrontation with your spouse!!!

By completing these four simple tasks you will be gathering evidence to hold your spouse in civil contempt of Court. After the Christmas Holiday season is over your lawyer, with your consent, will fill a motion to hold your spouse in contempt of Court for violation of the temporary custody order. If your spouse is found in civil contempt of Court, he or she may be fined, ordered to jail until the fine is paid with certain limitations, and the violation may be a basis to modify the previous temporary custody orders. This will be at the judge’s discretion.

Though you may feel helpless at the time, justice will be done through the district Courts in the form of civil contempt. Judges usually look down on a spouse that blatantly violates a temporary custody order, especially during Christmas.  Just relax and have patience if your spouse refuses to deliver the children to you, justice may take time but in the end it will be served.

With the Covid19 virus pandemic, many changes in Texas have happened with visitation issues. On  March 13, 2020, the Texas Supreme Court issued an Covid19- Virus Emergency Order:  divorced /single parents should go by the originally published school and visitation schedule in their current decree. This includes Holiday Visitation Schedules.  The Counties of Dallas, Collin, and Denton also came out with standing orders re; exchanges relating to possession and access to children considered “an essential activity”.

Now is the time to contact the other parent to ensure that your visitation time with your child will be insured without any problems. If not, contact an attorney to make sure that the Holiday Season visitation with your child will happen happily.

Nacol Law Firm P. C.
Dallas Divorce Attorneys
tel: (972) 690-3333

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