Post-Divorce Finances
O’Neil Wysocki Family Law
by Miles D. Peterson
2d ago
Divorce more often than not means the division of finances. Whether it’s bank accounts and retirement funds being divided or merely no longer having a second income to rely on, divorce brings about significant financial change. Establishing a solid financial foundation post-divorce can help you regain control of your finances and keep you from sinking into debt. This week, we’ll discuss some essential steps to consider regarding your finances once your divorce is all said and done. Take Stock of Your Assets and Liabilities The first step in post-divorce financial planning is to assess your cur ..read more
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Still Standing
O’Neil Wysocki Family Law
by Miles D. Peterson
1w ago
Like any other area of law, standing is required to bring a lawsuit. Standing is a fundamental part of the legal system in that it determines who has the right to initiate legal action and participate in court proceedings. In other words, it limits the participation in a suit to the parties who are actually relevant. Otherwise, any and every one would be able to intervene in a divorce or custody case. The law is very clear on the issue, if a party does not have standing then their case will be dismissed. In the context of family law, standing revolves around the question of whether an individu ..read more
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Co-Parenting Tips: Putting Children First
O’Neil Wysocki Family Law
by Miles D. Peterson
1M ago
Contested family law cases involving children are without a doubt the most emotionally charged cases I deal with. Even once the final orders are entered, there have been times when client’s still struggle with the fact that they must deal with the other party for essentially the rest of  their children’s lives.  There have been several times where long after a case has ended a client has asked me for advice on how to deal with the other parent. This week we’ll go into five tips that can help turn a co-parenting nightmare into something more manageable. 1. Proper Communication: Open a ..read more
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Temporary Restraining Orders in Family Law Cases
O’Neil Wysocki Family Law
by Miles D. Peterson
1M ago
There are situations where you may require protection under the law, but the facts don’t rise to the level of a protective order. When a situation like this occurs in your case, your problems may be solved with a temporary restraining order (TRO). This week we will discuss what exactly a TRO is and how it can impact your case. A temporary restraining order is a court order designed to prevent one party from taking certain actions that could cause harm to another party or their property. It differs from a protective order in that a protective order requires the court to make a finding of family ..read more
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Common Objections and How They Work
O’Neil Wysocki Family Law
by Miles D. Peterson
1M ago
A reader reached out to me recently and asked me what objections I usually run into, as well as how do they work. So, this week we’re going to talk about a few of the common objections, examples of what can trigger them, and how to get around/avoid them. Just like in any other litigious case, objections are common occurrences in the world of family law. They serve as vital tools for attorneys to protect their clients’ rights and ensure a fair proceeding, while upholding legal standards. Understanding these objections can be crucial for both legal practitioners and parties alike. 1. Relevance ..read more
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Understanding Child Support Modifications
O’Neil Wysocki Family Law
by Miles D. Peterson
2M ago
As a family law attorney, I understand that life circumstances can change unexpectedly. I also understand that these changes can drastically impact the financial dynamics of families. One area where this change often manifests is in child support arrangements. Whether due to a job loss, a significant increase in income, or changes in the needs of the child, a child support order may no longer be workable for a party. When these situations arise, seeking a modification of child support is likely become necessary to ensure the continued well-being of everyone involved. As we’ve previously discus ..read more
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An Overview of Jury Trials
O’Neil Wysocki Family Law
by Miles D. Peterson
2M ago
When it comes to family law matters in Texas, most people think that any and every issue is brought to the judge and the judge alone. However, certain issues can be placed in the hands of a jury. Unless you have prior experience in a jury trial, you may be unaware of what to expect should your case go that route. This week and next we’ll touch on jury trials. First looking at a broad overview of them, and second breaking down the psychology and small details that can effect the outcome. Jury Trials in Family Law: While the majority of family law cases are decided by judges, there are certain s ..read more
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Be Involved In Your Case
O’Neil Wysocki Family Law
by Miles D. Peterson
3M ago
Happy New Year everyone! Now that the holidays have passed we are back to your regularly scheduled programing. This week we’re going to zoom out a bit and look at one of the most basic requirements for your family law case, your participation. No matter what kind of case you have, it cannot succeed without you. When you hire an attorney, you are hiring an expert in their field to handle your case so you don’t have to. However, that does not mean you can be completely hands off. While there are deadlines that are up to your attorney alone to meet, there are those that cannot be met without acti ..read more
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Understanding Parenting Facilitators and Parenting Coordinators
O’Neil Wysocki Family Law
by Miles D. Peterson
4M ago
Let’s face it, co-parenting can at times be very challenging. Sometimes two people just shouldn’t be involved with each other at all but have to be because they share a child. Fortunately, for those parents that cannot get along there is a solution. A neutral third party in the form of either a parenting facilitator or a parenting coordinator. Understanding The Difference Parenting facilitators and parenting coordinators play a crucial role in helping divorced or separated parents communicate and make joint decisions regarding their children. In Texas, they are typically appointed by the court ..read more
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The Keys to a Successful Custody Modification: Part 1
O’Neil Wysocki Family Law
by Miles D. Peterson
4M ago
In a previous post, I have written about what a modification is and what it does. But recently a reader asked me to write about how the process works and what is required to change primary custody. Changing primary custody is not something that the courts will do lightly and it requires clearing certain hurdles. This week, we’ll explore the essential steps and considerations involved in pursuing this type of modification action. 1. Material and Substantial Change in Circumstances: First and foremost, to modify conservatorship the Texas Family Code requires a showing of a material and substanti ..read more
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