Law Office of B. Diane Heindel, P.C. B. Diane Heindel Law Office | Tyler TX Attorney | Texas 2026-11-03T06:51:35Z https://www.heindellaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1301689/2020/12/cropped-Favicon-32x32.png On Behalf of Law Office of B. Diane Heindel, P.C. <![CDATA[Divorce and hidden assets: what should you look for?]]> https://www.heindellaw.com/?p=48278 2026-10-29T05:52:30Z 2026-11-03T06:51:35Z It may be hard to believe that someone you shared a life with would try to hide money or property from you when the relationship sours, but divorce can sometimes change a person. Unfortunately, hidden assets affect how marital property is divided and could leave you with less than you are entitled to receive. Not every unexplained transaction means that someone is hiding property. The key is to recognize potential warning signs so you can take the appropriate steps during your divorce.

Protecting your financial interests

Texas is a community property state, which means most assets acquired during the marriage (except certain gifts and inheritances) are divided fairly between both parties during a divorce. A  hidden asset is money, property or another financial interest that a spouse intentionally fails to disclose or attempts to conceal during a divorce, usually with purposeful intent. They want to avoid sharing. There is no single warning sign that your spouse is concealing assets, but there are some issues that deserve further investigation:
  1. Unusual withdrawals from bank accounts or frequent cash transactions
  2. New or unfamiliar bank accounts
  3. Missing financial statements
  4. Unexplained changes in reported income, delayed bonuses or unusual business expenses
  5. Transfers or “loans” to friends or family members
  6. Undisclosed real estate or investment accounts
  7. Valuable property that suddenly disappears
In some cases, a forensic accountant can be an important resource, particularly when a spouse owns a business, has complex investments, receives income from multiple sources or appears to have unexplained changes in wealth. Texas law addresses the depletion of community assets. Depending on the circumstances, the court may award the wronged spouse an appropriate share of the remaining community property, enter a money judgment against the spouse responsible for the fraud or grant both forms of relief. If you’re preparing for a divorce and believe your spouse may be concealing assets, speaking with a legal professional can help you understand your rights, pursue appropriate financial disclosures and work toward a just and right division of the marital property.]]> On Behalf of Law Office of B. Diane Heindel, P.C. <![CDATA[Potential physical child custody solutions]]> https://www.heindellaw.com/?p=48268 2026-10-14T10:59:48Z 2026-10-19T10:54:35Z When couples get divorced, if they have children together, one aspect that they have to address is how physical child custody will be split up. This only refers to which parent will live with the child at certain times. Legal custody, referring to making important decisions on the child's behalf, is typically a separate issue. There are a variety of factors to consider when looking at physical custody determinations. The first is whether the court will order sole or joint custody rights. One parent may get sole physical custody so that the child lives with them 100% of the time, but there are many cases in which custody will be shared between both parents.

Making custody exchanges

The most common solution is for the couple to then set up an exchange schedule. This will vary significantly, depending on the parents' own work schedules, the child's school schedule and other such factors. For instance, some couples exchange their children every other week. In other cases, couples will have a midweek exchange, such as a 2-3-2 schedule. When couples live a significant distance apart, exchanges may be less frequent, such as children seeing one parent over the summer vacation but primarily living with the other parent during the school year.

Visitation rights

Another detail to consider is that, even when one parent is given primary custody, the other may still have visitation rights. In some situations, visitation is fairly open-ended. The parent can take the child and spend the day with them on their own, even if they return home for the night. In other cases, supervised visitation will be used. The custodial parent or another adult may be present the entire time, even though the non-custodial parent still has a chance to see their child and spend time with them. If you are going through a divorce as parents, these details can become complex. Be sure you understand all of your legal rights at this time.  ]]> On Behalf of Law Office of B. Diane Heindel, P.C. <![CDATA[Will dating while separated affect your Texas divorce?]]> https://www.heindellaw.com/?p=48263 2026-10-08T05:14:15Z 2026-10-13T05:13:21Z Is dating during a Texas divorce actually legal? Texas doesn't recognize legal separation the way other states do. Until a judge signs your final divorce decree, you remain legally married. And that distinction carries heavy weight. Dating someone new during that period can qualify as adultery, which Texas law recognizes as grounds for divorce. Courts can consider adultery when dividing marital property, meaning a new relationship could directly affect your financial settlement.

How a new relationship can affect negotiations

New relationships introduce complications that go well beyond personal feelings. Social media posts, photos and check-ins can reach your spouse and their attorney faster than you might expect. Here's what dating during a pending divorce can put at risk:
  • Property division arguments that use your relationship as evidence of marital misconduct
  • Custody arrangements where your new partner's presence around your children becomes a point of conflict
  • Posts or photos that contradict spending patterns you reported in court filings
  • Text messages or private communications that surface during the discovery process
  • Your credibility with the judge if your new relationship appears to contradict your stated priorities
Each of these risks grows considerably when you document your personal life publicly during an active divorce case.

Why timing still matters even in a no-fault divorce

Texas allows no-fault divorce, meaning neither spouse needs to prove wrongdoing to end the marriage. But no-fault doesn't mean your conduct during the process carries zero weight. If your spouse contests the divorce or challenges your custody arrangement, evidence of a new relationship gives them additional leverage. This holds true even when fault doesn't technically determine the final outcome.

Think beyond today before you make this decision

Nothing technically prohibits dating before the divorce is final, but the timing carries real consequences for your case. While you might feel ready to move forward emotionally, consider how your choices today affect your tomorrow. Texas divorces can take months or even years to finalize, depending on the complexity of your case. Every decision you make during that window can shape your settlement and custody outcome. Weighing where you stand today against what the road ahead still holds protects your future far more than acting on emotion alone. Sometimes the best way to start your new chapter involves closing the current one first.]]> On Behalf of Law Office of B. Diane Heindel, P.C. <![CDATA[Examples of community property beyond wages]]> https://www.heindellaw.com/?p=48261 2026-10-02T13:17:44Z 2026-10-08T04:37:12Z In a community property state like Texas, marital property will be divided equally between divorcing spouses. The goal is to split everything 50-50, and that often starts with wages. Money that both people earned during the marriage qualifies as marital property and has to be split. That being said, while wages are a good starting point, they are not the only type of property to consider. Below are a few other examples.

Marital purchases

To begin with, those wages were likely used to make joint purchases. This could include a home, a car, a vacation property, home furnishings and much more. Joint purchases are also community property.

Investments

If some of the marital wages were invested, the growth of that investment portfolio is also marital property. The spouses will need to figure out how to divide stocks or investment accounts.

Other types of earnings

Additionally, wages are not the only thing an employee may be earning. They could also be earning retirement benefits or a pension, for example. They may earn bonuses, commissions or stock options in the company that they work for.

Marital liabilities

Finally, couples need to remember that some of their financial liabilities are also owned jointly. This could include things like credit card debt or a mortgage that both people took out together. Financial obligations also need to be divided during a divorce, along with property and assets.

Moving through a divorce

The property division side of a divorce can get complex in Texas. Those who are going through this process must know what legal steps to take and what rights they have under local divorce laws.  ]]> On Behalf of Law Office of B. Diane Heindel, P.C. <![CDATA[Who sets the value of the marital home in a Texas divorce?]]> https://www.heindellaw.com/?p=48223 2026-09-17T06:19:50Z 2026-09-25T06:18:42Z Divorcing spouses in Texas must divide their property or prepare to litigate. Valuable assets are often a top concern during the property division process of a Texas divorce. They may have spent a third of their monthly income on their mortgage every month, leading to tens of thousands of dollars in accrued equity. Spouses discussing how to share that equity may disagree about what is fair or appropriate. They may even disagree on the valuation of the home. Who decides what real estate is worth during a Texas divorce?

Multiple parties may influence property valuation

In scenarios where spouses agree to sell their home and split the proceeds, the market determines the current value of their home. They choose a listing price and then review offers as they arrive. The market determines the sale price, and the agreement between the spouses guides how they divide the funds from the sale after the closing. Other times, spouses might agree to an arrangement where one of them retains possession, and the other receives either an equity payout or other marital property to compensate them for their interest in the home. In such cases, an appraiser or other real estate professional’s opinion might guide the spouses as they agree on a property value. In scenarios where spouses dispute what should happen with the home or what it is worth, a family law judge may review family circumstances and other details, such as appraisal reports, to determine what the home is worth, who retains possession and how they divide their shared equity. Spouses who understand the valuation process for their most important shared resources can empower themselves to pursue a fair settlement during a Texas divorce. Agreeing on a home value is often part of the property division process.  ]]> On Behalf of Law Office of B. Diane Heindel, P.C. <![CDATA[Quiet title actions explained]]> https://www.heindellaw.com/?p=48224 2026-09-17T06:19:44Z 2026-09-24T06:18:40Z Owning property comes with certain legal rights, but those rights can come into question when there is a dispute over who actually owns the property. Problems involving old liens, inheritance issues, boundary conflicts or competing ownership claims can create uncertainty and make it difficult to sell or refinance a home. When questions arise about who legally owns real estate, a quiet title action may be necessary to clear up disputes and remove problems that can interfere with your rights as a property owner.

What does "quiet title" mean?

A quiet title action is a lawsuit seeking the court's official determination of who owns a property and eliminating competing claims to it. Its purpose is to "silence" any disputes or doubts about the title. Many times, the homeowner didn't even know an issue existed until they tried to refinance, sell the property or transfer it to a family member. At that point, a title company discovers a problem in the public records, and the transaction can't be completed until the issue is resolved. A term often heard in these disputes is "cloud on title," which refers to anything that creates uncertainty about ownership. It may be a simple matter, such as a clerical mistake in county records. Other times, it's something more serious, like disputes between heirs after the property owner passed away or an old contractor's lien that was never removed. There are sometimes even allegations that a deed was forged. A quiet title action usually begins with a review of the property's history. Deeds, surveys, tax records and probate filings can all be important pieces of evidence. The person filing the lawsuit must generally prove they are the legitimate owner of the property and that any competing claim is invalid. Cases often become complicated because they may involve events that occurred years earlier. A real estate dispute over property you rightfully own can be frustrating and overwhelming. Therefore, it's essential to work with someone who can help you understand your options, protect your rights and help you establish clear legal ownership of your property.  ]]> On Behalf of Law Office of B. Diane Heindel, P.C. <![CDATA[Crafting a parenting plan when your ex is a narcissist ]]> https://www.heindellaw.com/?p=48232 2026-09-17T20:52:25Z 2026-09-23T20:52:12Z Co-parenting after a separation or divorce is challenging under the best circumstances. When one parent displays narcissistic traits, however, creating and maintaining an effective parenting plan can become significantly more difficult.  While not every difficult ex-spouse is a narcissist, some parents exhibit behaviors such as a need for control, an inability to accept criticism, manipulation or a tendency to place their own interests above their child's needs to a relatively or objectively extreme degree. These dynamics can create ongoing conflict if a family’s parenting plan is not carefully drafted.

What can you do about these challenging circumstances?

When dealing with a high-conflict co-parent, specificity is often one of the most valuable tools available to you. Vague parenting plans leave room for disagreement and differing interpretations. Instead, you should strive to include detailed provisions regarding parenting schedules, exchange times and locations, holiday arrangements, transportation responsibilities and communication expectations. The less ambiguity that exists, the fewer opportunities there may be for disputes (and for your co-parent to behave in ways that are genuinely manipulative, and that lack avenues for accountability). For example, your parenting plan should specify how decisions regarding education, healthcare, extracurricular activities and other significant matters will be made. When conflict is likely, establishing a process for resolving disagreements in advance can be beneficial. You should also do what you can to avoid trying to use your parenting plan to change your ex’s personality. Parenting plans work best when they focus on behavior and logistics rather than expectations about how someone should act. Courts generally prefer practical solutions that prioritize the child's best interests. Creating a parenting plan involving a high-conflict ex requires careful planning and attention to detail. A skilled legal team can help you to identify potential areas of conflict, draft clear and enforceable provisions and develop a parenting plan that promotes stability while protecting both parental rights and your child's well-being, despite your narcissistic ex’s challenging personality.]]> On Behalf of Law Office of B. Diane Heindel, P.C. <![CDATA[What are the requirements for eminent domain in Texas?]]> https://www.heindellaw.com/?p=48234 2026-09-17T20:52:57Z 2026-09-23T20:52:11Z Texas eminent domain law allows certain entities to acquire private property for public use when specific legal requirements are satisfied. However, the process (known as condemnation) cannot begin simply because an entity wants to acquire land. State law requires several procedural steps before a court will consider the request. If your property is affected by a proposed public project, understanding the condemnation process is important. Texas real estate law establishes requirements that help ensure property owners receive notice and an opportunity to respond before property is taken through eminent domain.

What must a condemnation petition include?

Under Texas Property Code § 21.012, a condemning entity must first attempt to acquire the property voluntarily. If the parties cannot agree on compensation, the entity may file a condemnation petition with the appropriate court. The condemnation petition requirements include a legal description of the property and a clear explanation of the specific public use for which the property will be acquired. The petition must also identify the property owner when that information is available and state that the parties could not reach an agreement regarding compensation. Texas Property Code § 21.012 also requires the petition to confirm that the property owner received the Landowner's Bill of Rights when applicable. In addition, the entity must state that it made a bona fide effort to purchase the property voluntarily before initiating condemnation proceedings.

Notice requirements for property owners

Filing the petition is only part of the process. Texas Property Code § 21.012 also requires the condemning entity to provide a copy of the petition to the property owner at the same time it is filed. This notice generally must be sent by certified mail with return receipt requested, as well as by first-class mail. If the entity knows the property owner has legal representation, a copy of the petition must also be provided to that representative using an approved delivery method. These notice requirements help ensure property owners receive timely information about the condemnation action and have an opportunity to protect their interests. Eminent domain cases can have lasting effects on property ownership and compensation. If you have questions about your rights, seeking legal guidance is an important next step.]]> On Behalf of Law Office of B. Diane Heindel, P.C. <![CDATA[How spouses can communicate during divorce]]> https://www.heindellaw.com/?p=48237 2026-09-17T20:54:02Z 2026-09-23T20:52:08Z Spouses going through a divorce can significantly benefit from communicating. Effective communication strategies are integral to reaching amicable settlements, saving time and money. When communication is not handled properly, soon-to-be ex-spouses may face conflicts that can further complicate the process. If you are going through a divorce, it’s important to know the best ways to communicate with your spouse. Here are a few tips to help you:

Set boundaries

It’s important to set communication boundaries at the beginning. This includes limiting contact to divorce-related topics, choosing modes of communication and deciding when to contact each other. Regarding modes of communication, consider using written communication, such as email, as it’s easy to document. You can use text messages for urgent matters or reminders and phone calls for emergencies. It also helps to use apps, especially if your divorce involves a child. A co-parenting app creates a paper trail and minimizes conflict.

Use the BIFF method

The BIFF (Brief, Informative, Friendly and Firm) method is a communication strategy that neutralizes emotionally charged interactions. Always ensure any message or response to your spouse is concise, sticks to the facts, uses a polite tone and states your position clearly.

Take your time before responding

You don’t need to respond to every message immediately. Taking your time ensures you give a reasoned response, especially when you receive a triggering message.

Stay calm

Avoid angry outbursts when interacting with your spouse. If a conversation makes you frustrated or stressed, politely excuse yourself.  It’s essential to treat your conversations as business transactions. Separate emotions from facts and strictly focus on finding solutions. Even though communicating is not mandatory during a divorce, it’s beneficial. The communication tips discussed above can help you and your spouse have an amicable process. Get more information about other ways to protect your interests. ]]> On Behalf of Law Office of B. Diane Heindel, P.C. <![CDATA[Will divorce affect your retirement?]]> https://www.heindellaw.com/?p=48240 2026-09-17T20:55:34Z 2026-09-23T20:52:06Z Yes, a divorce can affect your retirement. It is important to plan ahead so that this next stage in your life can still go smoothly, even after your marriage ends. One thing to keep in mind is that there has been an increase in late-in-life divorce cases in recent years. Couples who are getting divorced in their late 50s or 60s are naturally closing in on retirement age. This can complicate things if they have been saving jointly to retire and counting on using shared resources. They have to reconfigure what retirement is going to look like after their assets go through property division. A couple that gets divorced in their 30s still has decades to plan, but an older couple may not have much time to independently plan for retirement.

Splitting up retirement benefits

One key component to consider is that retirement benefits can often be divided during a divorce. Those benefits were earned during the marriage, so even if they were only earned by one spouse, they could still qualify as a marital asset. Naturally, neither person has access to the benefits at the time of the divorce, since they have not yet retired. But they can take steps, such as using a qualified domestic relations order, to govern the future division of those benefits. The QDRO will assign a percentage of the benefits to each person, which has to be followed once they are paid out. It is very important to take steps in advance to address both property division and retirement planning. Those going through a divorce must know what legal options they have.  ]]>