Law Home2024-07-01T15:07:59+00:00
Loading...

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.

High Asset Divorces: Divorce Litigation

High Assets Divorces in Texas can be painstaking and involve substantial time and money to properly litigate an individual’s case.

  1. Original Petition and Temporary Orders

Single most important event for leverage is who files their Divorce Petition first. If you file first you are a Petitioner. A Petitioner receives a crucial benefit in litigation. A petitioner is afforded the opportunity to talk  first and last in litigation, sets the tempo of the divorce, and creates the narrative of the litigation. Being a Petitioner is invaluable, thus if you have decided to file you should look to file first. 

Temporary Orders are usually, absent emergency relief, the first hearing the Court will have in the case. At temporary orders the Judge will likely attempt to place a Band-Aid on all assets to insure there is not wasting of assets, custody and access of the children are determined, and payments remain the same of any separate or community property assets. Temporary spousal maintenance, exclusive use of property, and injunctions are granted at this hearing. With High Assets this hearing is pivotal in determining how litigation will continue in the future. Every Court is different but multiple additional temporary order may be filed or clarification motions. 

2. Discovery Phase and Experts

The discovery phase may be cumbersome and painful. Discovery consists of multiple written questions. These include production questions (asking for documentation), interrogatories (questions require a written notarized response), admission (admit or deny questions), depositions (typically 6 hour cross examination in front of court reporter at an attorney’s office), and inventory and appraisal (sworn list of assets and values of each asset). These process are usually expensive but necessary to prove the amount of the marital estate and the characterization of property. 

Experts are also employed at this stage. They are costly but necessary to prove tracing, value of fraud, or overall value of the business. These issue are likely contested, thus the battle of experts continue until the final hearing.

3. Depositions

A deposition is a formal question-and-answer session used in divorce cases to gather information under oath before trial. It typically takes place in a lawyer’s office, where one spouse (the deponent) answers questions from the opposing attorney while a court reporter records everything. The purpose of a deposition is to uncover facts, clarify disputes, and assess how a witness may testify in court. While it doesn’t happen in a courtroom, the statements made during a deposition carry legal weight and can be used as evidence later.

In high-asset divorces, depositions become even more critical because of the complex financial issues involved. Attorneys may ask detailed questions about business ownership, real estate holdings, investments, hidden assets, trusts, and even potential misuse of marital funds. If one spouse suspects the other of concealing wealth, forensic accountants or financial experts may analyze records and testify about discrepancies. The opposing attorney may also scrutinize spending habits, tax returns, and financial disclosures to ensure full transparency.

Because high-asset divorces often involve prenuptial agreements, inheritance disputes, or business valuations, preparation is crucial. A well-prepared spouse will work closely with their attorney to review financial documents and anticipate tough questions. While depositions can feel intense, remaining truthful, composed, and strategic can help protect one’s financial interests and ensure a fair resolution.

4. Mediation

Meditation may occur in the middle or toward the end of the litigation process. A good mediator may range from $2,000.00 to $3,500.00 per side. The mediation process can be difficult and last from a half to more than a full day. Some mediations go for 14 to 15 hours to obtain settlement. Though this is expensive it is still less costly than going to final trial and many outcomes may be obtain by agreement to which a Judge cannot order. The flexibility of mediation makes this process less painful and costly than attending final trial.  

5. Final Trial before the Court or Jury

Final trial may be performed solely by a  Judge or a Jury of 12 peers. Only 10 of 12 Jury members are needed to find in favor of either party. A Jury trial is more expensive, takes more time to prepare, and may be more risky depending on the County. A trial before the Judge is cheaper and may simplify many matters. It is important to know for every 1 hour in Cout it takes more or less 4 hours to prepare.

A jury trial with a minimum of 2 experts and multiple other fact witness should take anywhere from 4 to 7 days. A trial before the Judge for a similar case may take 2-4 days, depending how the judge runs the Court. 

There are many trials and tribulations an individual will have to surpass in the Court system if they are getting a divorce and the marriage contained with high assets. It will likely be costly, painful, but necessary. Many other factors such as summary judgements or motions to exclude experts, witnesses, or exhibits may increase fees. It is important to be confident with your attorney and find a firm that has experience with higher assets cases to ensure the flow and strategy of the litigation fulfills your goals. 

High Asset Divorce Attorneys in Dallas Texas
Nacol Law Firm P.C. 
(972) 690-3333

Children in Distress: What to Do When You Need Emergency Relief

The right to obtain physical possession of a child, the right to obtain temporary relief without prior notice to the other party, and the right to exclude a party from a residence are all special circumstances in which emergency relief may be requested. 

 

A writ of attachment is a court order requiring a child be produced at a particular location at a particular time.  It is used in situations where a party is entitled to possession of a child under a court order.  It may also be used when an emergency exists and a child is in imminent danger to his or her physical or emotional welfare. 

 

The remedy is extraordinary.  As such, specific facts must be alleged to command the court to issue the writ. The writ should be requested only when necessary to protect the welfare of the child.

 

Section 105.001 of the Texas Family Code provides the court may not render an order, except on a verified pleading or an affidavit which (1) attached the body of a child; (2) takes the child into the possession of the court or into the possession of a person designated by the court or (3) excludes a parent from possession of or access to a child.

 

Requests for writs of attachment are contained in petitions, motions and applications in suits affecting the parent child relationship and are filed ancillary to other requests.  The court must then make a determination as to whether the necessity exists for the writ and the applications are in proper order.

 

The court issues a writ commanding any sheriff or constable to attach the body of a child and deliver the child to a designated place.  That designated place is a location specified by the court who may command that the child be brought to the court or the court may provide a location where the child may be delivered by law enforcement.

 

Habeas corpus actions are brought when a party claiming a right to possession of a child is seeking the court’s help in getting the child physically turned over to that party.   The court shall compel return of the child to the person filing the habeas corpus only if the court finds that the filer is entitled to possession under the order.

 

If the court fails to compel return of the child, the court may issue temporary orders if a suit affecting the parent child relationship is pending.  The court may issues such temporary orders only if the suit affecting parent child relationship is pending and the temporary hearing is set at the same time as the habeas corpus hearing.  The court may then enter an order if a serious immediate question concerning the welfare of the child is shown at the temporary hearing. 

 

The court has defined “serious and immediate question” to mean imminent danger of physical or emotional harm that requires immediate action to protect the child.  If a right to possession is established, the exception to granting the writ occurs when a serious and immediate question concerning the welfare of the child exists.  If the writ is denied after the right to possession under a prior court order is established, the Texas Supreme Court requires the trial court issue a written temporary order containing a finding that there is a serious and immediate question concerning the child.

 

A serious and immediate question, although often alleged, is rarely found in habeas corpus actions.

 

A temporary order, when entered, should not be a final adjudication of custody.  At a minimum, the temporary order should contain the filer’s temporary rights to possession and should set a further hearing.

Questions about a legal issue? Ask our experts

Go to Top