Divorce Litigation : High Asset Divorces
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
High Asset Divorces: Separate Property Real Estate and Trusts
It is important to know what happens to your homestead residence if it was purchased prior to marriage and other assets formed into a trust before marriage without a prenuptial agreement.
- Separate property homestead residence
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 divorce. Being a Petitioner is invaluable, thus if you have decided that you need to divorce your spouse, you should look to file the divorce petition 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 (1) place a band-aid on all assets of the marriage to ensure there is no wasting of assets, (2) determine custody and access of the children, and (3) ensure payments remain the same towards any separate or community property assets. Temporary spousal maintenance, exclusive use of property, and injunctions are granted at this hearing. In a divorce with high value 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 to ensure that the children and property of the divorce are protected.
2. Discovery Phase and Experts
The discovery phase may be cumbersome and painful. Discovery consists of multiple written questions that one spouse is asking the other during the divorce litigation. These include production questions (asking for documents), interrogatories (questions require a written notarized responses), admissions (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 processes 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, the value of any potential fraud against martial property, or the overall value of a business that one spouse may own. These issues 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 going to trial in a case. 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. Depositions can sometimes be a total of 6 hours of questing the deponent.
During a deposition, attorneys may ask about finances, assets, parenting abilities, or any issues relevant to the divorce. It’s a structured process, but it can feel intense—especially if the other lawyer is trying to challenge credibility or uncover hidden details, such as finding additional martial assets. Being honest and composed is key, as misleading answers can backfire. Having an attorney present helps ensure that questions are fair and objections can be made when necessary. While depositions may seem intimidating, they are a valuable tool in ensuring transparency and helping both sides prepare for a fair resolution.
4. Mediation
Meditation may occur in the middle or toward the end of the litigation process. The cost of 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 day (4 or so hours) 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 a final trial and many outcomes or solutions may be obtained by agreement of the parties to which a Judge cannot order. The flexibility of mediation makes this process less painful and costly than attending a 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 and facts of each specific case. 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 witnesses should take anywhere from 4 to 7 days. A trial before the Judge for a similar case may take 2-4 days, depending on 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 divorcing with high assets. It will likely be costly, painful, but necessary. Many other factors such as summary judgements or motions to exclude witnesses, experts, 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.
Dallas High Asset Divorce Attorneys
Nacol Law Firm P.C.
(972) 690-3333
Contract Review: Proper Form to Prevent Future Breach
Before signing a contract, read through it carefully. Have an attorney review the contract. Make certain that you know what obligations are stated and/or implied. If you are uncertain as to your duties and you sign the contract, you may be liable for a future unintentional breach of the contract.
Contract negotiations, especially in the context of important financial contracts, can be taxing and difficult at best. An attorney can assist you with negotiations to ensure your needs and requirements are met. Additionally, your attorney can properly draft and/or review the contract, explain to you your rights and duties under the contract, and make suggestions as to provisions which may be necessary to protect your best interest.
The following is a good guideline for contract review. It is not an all-inclusive list, but may be used as a tool to assist with contract drafting and review:
- Make sure the language contained in the contract is clear and understandable. In most cases, limit the use of highly technical terms when possible. Unnecessary legal wording may make the contract confusing, thus use regular wording to make sure the parties understand what the contract says and means.
- Give a clear and concise description of the goods and/or services to be received.
- Give a clear description of the amount of money or other consideration for the contract.
- If any payments are payable outside the U.S., make sure the payments are in U.S. dollars.
- Make sure the contract contains a specific time and place for performance.
- The contract should contain a method of providing notice of default and opportunity to cure default.
- Rights, obligations, and duties of every party should be clearly listed. Each party’s responsibilities should be identified in understandable wording.
- Use clear and concise names when listing parties to the contract, including address, telephone number, fax number, and email addresses.
- Be sure you have a contact person for each party to the contract, including address, telephone number, fax number, and email addresses.
- Establish a date the contract is to begin and end.
- Make sure the contract contains all other important dates to the contract (milestones, deadlines, reports, etc.). Use full dates. Such dates should be clearly identified.
- The procedure for renewal of the contract should be clearly identified.
- If an employment contract, the procedure for termination of the contract should be clearly identified (termination for cause and/or termination at will).
- Indemnification, liquidated damages, attorney’s fees, waiver of contractor’s liability, waiver of statutes of limitation clauses should be incorporated if necessary or applicable.
- Establish the contract is governed by the laws of the State of Texas.
- Establish the venue for suit is in the county where the Company’s main office or parties signing are located or agree otherwise.
- If insurance is required, define the types and levels of coverage.
- Confidentiality provisions, if applicable, should be incorporated.
- Ensure Act of God or force majeure clauses are incorporated if necessary.
- Assignment by either party should be approved in advance in writing.
- Incorporate an Alternative Dispute Resolution clause, if required or desired.
- All appendices, exhibits, attachments, and schedules should be attached.
- Title and authority of person signing the contract should be properly stated and warranted.
- Spelling, formatting, grammar, punctuation and general appearance of the contract should be professional and accurate.
Preprinted form contracts should only be viewed as a starting point, not a final expression of the parties’ agreement. Protection for all parties is usually minimal to non-existent in such pre-printed forms. No pre-printed form can be expected to cover the particulars of all agreements between two or more specific parties. Having an attorney review and negotiate pre-printed forms may prove prudent and smart.
It is imperative that the terms of a contract are fairly negotiated, properly drafted, and reviewed to ensure the contract meets the intentions of the parties.
Divorce in Texas with a Special Needs Child
Divorces with children are painful and emotional under the best of circumstances, but a divorce with a “Special Needs Child” is usually a very complex and mentally stressful situation for all family members involved.
The main goal in a “Special Needs” divorce is that all decisions affecting a child with disabilities must be in the “Best Interest of the Child.”
What is the “Best Interest of the “Special Needs Child”? Often this is the very reason that the parents are divorcing. The parents cannot agree on the existence of a disability or the best approach needed for care and support for their special needs child. Many times a medical/neutral professional will need to be involved to help the parents transition the new “after” divorce life of the child and parents.
When working with parents of a “Special Needs Child”, our attorneys focus on the most critical issues impacting the child and the family unit.
Some of these important issues are:
- Keeping the relationships between the family members agreeable in making the necessary decisions concerning visitation and transitions between both parents’ homes. You child needs contact with both parents unless there is an abuse or addiction issue or the other parent’s home is an unsafe environment for the “Special Needs” Child.
- Agreed upon health and medical care issues including special therapies to address the child’s needs. Let the child know that both parents are in agreement on the care for the child.
- Special social and recreational opportunities and appropriate educational programs are available for the child and her/his disability and should be agreed upon by both parents, if possible.
- Coordinate structured and regular visitation dates with same place drop off points. Give your child a calendar with visitation dates and let her/him be prepared to visit the other parent.
- Helping the parent to find a support group of family, friends, counselors and neighbors to help your family with your “Special Needs” Child. This help may come in many forms, mental and physical support, financial planning or just a good hug to say “you are ok”.
What is very important in a “Special Needs” Divorce is to realize what is “normal” in most divorces may not be the norm here. There are many important situations that will have to be resolved before the divorce can be finalized. The divorced parents of the “Special Needs” Child will continue to have to work together for what is best for their child.
Other serious considerations to settle:
- The transitions after a divorce on living arrangements and visitations for the child. It will be difficult to use a standard visitation schedule and a special parenting plan will have to be agreed upon to meet all of the child’s needs.
- The divorce decree will have to be custom designed to make sure the needs of the child will be met for the child’s entire life. The final divorce decree may have to be modified for the child’s benefit.
- Be knowledgeable of the financial aspect of your “Special Needs” Child. What type of care will be needed on a daily basis and will one parent have to give up all monetary benefits from employment outside of the home to take care of the child.
- List all expenses of raising this child: medical costs, food for special nutritional diets, special medical equipment needed for use of child, special schooling and transportation needs. This is very important to make sure the needs of the child will be met.
- Spousal Maintenance/Alimony: this amount must be worked out to ensure the caregiving parent will be able to afford all need of the child and their household. Many times this parent will not be able to work out of the home because of the constant care for the child. This will usually continue for the entire life of the child, so the divorce decree will have to reflect this continued support and cost of living changes.
When choosing a qualified lawyer for your “Special Needs” Divorce, it is important that the lawyer is familiar with what is involved with this type of divorce and understands the importance of tailoring a custom decree that will fit the best interest of the child and family situation for the duration of the child’s existence. It won’t be easy, but if the parents will work together, it can be achievable!
Children Born Outside of Marriage: Unknown Descendants that May Inherit
Creating a Will is extremely important for individuals that have a sizable estate in the Dallas and DFW metroplex. Time and time again, individuals refuse to properly prepare for death and do not see the proper preparation of a legal and valid will as a necessity.
When you refuse to prepare a Will, then your entire estate will pass through the intestate process. Intestate rules apply if: (1) there is no will, (2) the will does not completely dispose of the entire estate, or (3) there is a pretermitted child/adopted child born after the will’s execution.
In certain situations, a child born outside of a marriage may still claim inheritance rights per the rules of Intestate succession. Nonmarital children may establish inheritance rights from the alleged father if the presumption of paternity is proven in court. Paternity is presumed if one of the following elements are met per Tex. Fam. Code § 160.204:
- The child was born during (or within 300 days after) the marriage of the man and the child’s mother;
- During the first two years of the child’s life, the man continuously resided in the same household as the child and represented to others that the child was his; or
- The parties married after the Child’s birth and the man voluntarily asserted his paternity of the child in one of the following ways:
a) The assertion of paternity is in a record filed with the Bureau of Vital Statistics;
b) The man was voluntarily named as the Child’s father on the birth certificate; or
c) The man promised in a record to support the child as his own.In many cases a child that was born out of wedlock may still inherit from the father’s estate if the above mentioned actions can be proved. Depending on the estate, this ability to prove the presumption of paternity can have a great impact on the allocation of the estate’s assets.
Paternity may be rebutted, even if the presumption is proved by a preponderance of evidence, by a DNA test. DNA testing is the only option to rebut the presumption of paternity. Depending on the estate and the desires of all parties involved, a Judge may order that the body be dug up for a DNA sample of the deceased. This is rare, but the Court does have the authority.
It is important to remember that the Statute of Limitations to establish inheritance rights or the presumption of paternity begins at the date in which the father died. The statute of limitations is four years, which means any potential claim must be brought within four years of the individual’s death.
If you are a nonmarital child or born out of wedlock in the DFW area, you may still inherit as a matter of law. A will created prior to the birth of a nonmarital child will not cut off the child from his or her rightful inheritance. For situations like this, please contact Nacol Law Firm to acquire an experienced attorney to navigate through intestacy laws and probate.
Julian Nacol
Dallas Probate Attorney
Nacol Law Firm P.C.
tel: (972) 690-3333
NACOL LAW FIRM P.C.
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Dallas, Texas 75231
972-690-3333
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization