Practice Areas

WHERE OUR EXPERIENCE AND DETERMINATION COME TOGETHER TO ACHIEVE RESULTS

Complex Divorce Litigation

Post-divorce Modifications

Pre-marital & Marital Agreements

Cohabitation Agreements

Child Custody & Visitation

Decree Enforcement

Adoption & Termination

Paternity

Child Support

Collaborative law

Wills & Trusts

Complex Divorce Litigation

The decision to divorce is one of the most difficult you will ever make. It is entirely normal and natural for you to second-guess that decision all the way through the process. If your spouse is seeking a divorce that you don’t want, it is even more difficult.

The lawyer you hire to represent you must know the law. It is equally important that the lawyer know you. We understand the importance of active listening. What sets our firm apart is our ability to work with clients to develop strategies that are unique, innovative and client focused. We bring our years of experience to the table when devising a plan to achieve your desired outcome.

Your divorce may involve children. Your marriage may have been long or short. We routinely handle divorce cases that involve issues of mental health, substance abuse and addiction, infidelity, as well as complex property issues such as closely held corporations, trusts, partnerships, oil and gas interests, stock options, executive compensation packages, and many other kinds of assets. Whatever the issues that are unique to your case, we have extensive experience in knowing how to resolve them.

A divorce is a lawsuit. As in other lawsuits, there is a petitioner (the person who files) and a respondent (the person who is typically served with divorce papers). The legal process of initiating and responding to a divorce suit requires the preparation and filing of divorce pleadings. It is critical that these pleadings are drafted correctly to ensure that you have the legal right to obtain the results you desire. Improperly drafted pleadings can result in the complete prevention of the obtainment of certain outcomes you may desire. In contested cases, there can be numerous pleadings prepared and filed by the parties. The divorce will resolve all matters relating to the children of the marriage.

Please contact our law firm at 214-346-9550 or by email to set up an initial consultation and determine the best approach to meeting your desired results.

Post-divorce Modifications

The circumstances of children and their parents mature and change over time. What may have been a perfect custody situation at the time of your divorce may not be working now. If you find yourself struggling with your current custody arrangement, we can help you identify the changes you need to make and the best path to securing those changes.

Sometimes one parent seeks to change or modify a custody arrangement that you believe is working in the best interest of your child and children. We can help you oppose changes to a custody order sought by the other parent. We can help you negotiate and reach a settlement that meets all parties’ needs and the child’s best interest. No matter what approach your case requires – litigation, mediation, or informal settlement – we can work with you to devise a strategy that is most likely to result in your desired outcome. No matter what the facts of your case happen to be, give us an opportunity to lay out a plan to help you.

Please contact our law firm at 214-346-9550 or by email to set up an initial consultation and determine the best approach to meeting your desired results.

Pre-marital & Marital Agreements

A premarital agreement, also commonly referred to as a prenuptial (“prenup”) or antenuptial agreement, is a contract entered into by the parties before marriage that defines what will happen with existing assets and liabilities as well as income earned during a marriage in the event the marriage ends, either by court order (as in the case of a divorce) or the death of one of the parties.

A post-marital agreement, also commonly referred to as a partition agreement or post-nuptial agreement (“postnup”) is a contract that spouses enter into after they are married in circumstances where they choose to remain married but want to divide assets and/or liabilities and provide for a specific division in the event of dissolution of the marriage. Both pre- and post-marital agreements can define the division of assets, liabilities and income created either prior to or during the marriage.

Parties contemplating these agreements need lawyers who understand how difficult these agreements can be to negotiate. Many times a party will find a request for a prenup offensive. It can be difficult to explain the rationale for a prenup, when one side or the other sees it as ‘divorce planning before marriage.” Our lawyers are experienced at handling these situations in a sensitive way, while obtaining the desired result.

Please contact our law firm at 214-346-9550 or by email to set up an initial consultation and determine the best approach to meeting your desired results.

Co-habitation – making agreements for your future together

Your Many unmarried couples are choosing to live together rather than formally marry. If this is something you are contemplating, a co-habitation agreement is a must.  

Both parties deserve to know what to expect from the other.  Setting expectations and making agreements before you move in together can avoid pitfalls.   These agreements often define the relationship between the parties, preemptively address possible issues if the relationship is severed by choice or by death, and provide peace of mind in the event that the circumstances surrounding your relationship change. Similar to a prenuptial agreement, cohabitation agreements outline a couple’s expectations during the course of their relationship and in the event that it comes to an end.

Please contact our law firm at 214-346-9550 or by email to set up an initial consultation and determine the best approach to meeting your desired results.

Child Custody & Visitation

We know that issues pertaining to custody and visitation can be the single most emotion-provoking in any divorce or dispute. Marriages and other relationships fail, but children need not be placed in the center of the adult conflict.

Whether your child custody issue arises because of a divorce or some other circumstance, we are committed to obtaining results that are in each child’s best interest.

In a typical custody arrangement, one parent pays child support to the other parent. Texas has statutory guidelines for the calculation of child support; however, some certain circumstances necessitate the need for “non-guideline” child support. We are experienced at assessing the circumstances to determine if non-guideline child support is a viable resolution as well as in both pursuing and defending against a request for non-guideline child support.

Whether or not your case is the rare one where child support deviates from statutory guidelines, a proper determination of child support is very important because it will remain in place for years unless there is a material and substantial change in circumstances.

Your case may involve conservatorship, access and possession, supervised possession, injunctions, child support or any combination of these issues. We have extensive experience handling all child-related matters to obtain the best results possible.

Please contact our law firm at 214-346-9550 or by email to set up an initial consultation and determine the best approach to meeting your desired results.

Decree Enforcement

When a person fails to meet an obligation from a previous court order, the harmed person (or the parent of the harmed child) may need to file an enforcement action.

Enforcement suits can address a myriad of situations including but not limited to the enforcement of property division, the timely payment of child support, spousal maintenance or alimony, the implementation of possession and access provisions, the adherence to injunctions, the timely payment of healthcare or other child-related expenses.

Depending upon the enforceability of the previous order, an order may need to be clarified by the court. A party may petition the court to hold a person who fails to comply with a court order in contempt for that violation. We are skilled at properly identifying the enforceability of the provisions of court orders and the best approach to ensure that the intended results from the previous court order are the results that are actually obtained.

Please contact our law firm at 214-346-9550 or by email to set up an initial consultation and determine the best approach to meeting your desired results.

Adoption & Termination

In some situations, the best result involves the termination of one parent’s or both parents’ legal status as a parent of a child. In some cases, a parent may relinquish his/her legal rights voluntarily. In any case; however, where a parent’s parent/child relationship is terminated, the court must make a finding that the termination is appropriate and lawful.

Please contact our law firm at 214-346-9550 or by email to set up an initial consultation and determine the best approach to meeting your desired results.

Paternity

A paternity suit is filed to establish who is the father of one or more children in a court of law. The lawsuit will likely also resolve conservatorship, child support and possession schedule arrangements once paternity has been established. Genetic testing may or may not be required. We are intimately familiar with the chain of events that must be followed to either establish or deny parentage.

Please contact our law firm at 214-346-9550 or by email to set up an initial consultation and determine the best approach to meeting your desired results.

Child Support

Critical to any matter involving children is child support.  We are experienced in facilitating agreements regarding financial responsibilities and support for minor and dependent children.

How are children to be financially supported under Texas law?  In any lawsuit involving a minor child, it must be decided how the child will be supported financially. The Texas Family Code includes a standardized calculation for determining Child Support payments – but in many cases, this guideline amount isn’t realistic.  When a child’s “proven needs” establish that guideline child support is inadequate, the law provides for child support that is above those guidelines.

While it is almost universally viewed as a responsibility and an obligation, determining an appropriate amount of financial support often leads to disputes.  This is especially true for parents with higher incomes or significant estates.  In matters like these, nothing can substitute for experience.

At O’Toole Family Law, we understand that no two families are the same – and that your children’s financial needs are unique. So we work with you to find the right strategy for determining Child Support. Whether that’s simply following the traditional guidelines or taking an approach that is specifically tailored to your family.

Please contact our law firm at 214-346-9550 or by email to set up an initial consultation and determine the best approach to meeting your desired results.

Collaborative Law

Can serious marital conflict be resolved without the time and expense of litigation? Yes—divorce need not be a battleground. The end of a marriage or resolution of family conflict is painful enough. Collaborative law offers parties a new alternative to resolve disputes or the end of a marriage with privacy and respect and with minimal court involvement, while taking into account the highest priorities of their entire family.

A team of specially trained interdisciplinary professionals guide and support parties in a problem-solving process, not as adversaries. No single approach to the divorce process is right for everyone. Many couples are finding collaborative law a welcome alternative to traditional divorce litigation and mediation.

In traditional divorce litigation, the parties look to the court system and judges to resolve their dispute in a very public forum, each viewing the other as the adversary. This process often results in considerable emotional and financial cost to the entire family.

Collaborative law is a non-adversarial process that views a family in divorce as a family in crisis that has a series of problems to be solved, rather than a series of battles to be fought. The end goal is to meet the legitimate needs of everyone involved in a restructured family.
The collaborative process has been used to resolve divorces in Texas since the 1990s, resulting in many cases with reduced conflict and expense.

The process starts with both husband and wife retaining unaffiliated collaboratively trained attorneys who commit, in writing, not to go to court but instead to work together to help the couple reach agreements beneficial to all. If an agreement cannot be reached and one or both parties choose to proceed to court, the attorneys and experts are disqualified from proceeding further on an adversarial basis. With the focus on problem solving instead of adversarial representation, there is a strong likelihood conflict will be reduced, allowing the couple to resolve and reach agreements.

The parties meet privately with their respective lawyers and possibly additional experts, called “team members,” who may include a child specialist, a neutral financial professional, and divorce coaches, all of whom perform a valuable service helping to minimize conflict and cost by guiding the parties toward an amicable resolution.

Collaborative law is similar to mediation but differs in some significant respects. In mediation, a neutral third party (the mediator) facilitates the parties’ negotiation to help reach a settlement but cannot give legal advice, advocate for either side, or draft the final legal papers necessary. In collaborative law, both parties have independent lawyers present during negotiation to provide legal advice in an educational context, thereby empowering clients to make informed decisions about their lives and their children’s lives. When agreement is reached, the collaborative lawyers will prepare all the papers necessary and accompany the parties to court to finalize their case.

Please contact our law firm at 214-346-9550 or by email to set up an initial consultation and determine the best approach to meeting your desired results.

Wills & Trusts

Following a divorce or other major life event, it is wise to execute a new will and related documents. O’Toole Family law can provide these services. 

Please contact our law firm at 214-346-9550 or by email to set up an initial consultation and determine the best approach to meeting your desired results.

O'Toole Family Law

3100 Monticello Avenue, Suite 490

Dallas, TX 75205

Telephone: 214-346-9550

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