# Albin Oldner > Attorneys in frisco texas --- ## Pages - [Brian Wisenbaker](https://www.albinlawgroup.com/our-attorneys/brian-wisenbaker/): Brian Wisenbaker Attorney bwisenbaker@albinoldnerlaw. com Brian has spent his career representing insurance companies, automobile policy holders, physicians, truck drivers, and... - [Carla J. De La Cruz](https://www.albinlawgroup.com/our-attorneys/carla-j-de-la-cruz/): Carla J. De La Cruz Attorney ccruz@albinoldnerlaw. com Carla De La Cruz was born and raised in Puerto Rico. Carla... - [Meghan T. Burns](https://www.albinlawgroup.com/our-attorneys/meghan-t-burns/): Meghan T. Burns Partner, Family Law Meghan is Board Certified in Family Law by the Texas Board of Legal Specialization... - [Business Litigation Associate Attorney Job Position](https://www.albinlawgroup.com/why-us/careers/litigation-associate-attorney/): 214-423-5100 Business Litigation Associate Attorney Albin Oldner Law in Frisco, Texas is seeking two driven and detail-oriented Associate Attorneys with... - [Family Law Paralegal Job Position](https://www.albinlawgroup.com/why-us/careers/paralegal/): Family Law Paralegal Albin Oldner Law is looking for an experienced paralegal to join our dynamic family law section. Our... - [Family Law Attorney Job Position](https://www.albinlawgroup.com/why-us/careers/attorney/): Family Law Attorney Albin Oldner Law is looking for a senior, partner level attorney to join our dynamic family law... - [Careers](https://www.albinlawgroup.com/why-us/careers/): Open Positions Family Law Attorney Family Law Paralegal Litigation Associate Attorney Why Choose Us Our firm prioritizes building long-term client... - [Shayna Sanborn](https://www.albinlawgroup.com/our-attorneys/shayna-sanborn/): Shayna Sanborn Partner, Family Law ssanborn@albinoldnerlaw. com Shayna Sanborn has practiced Family Law for over 20 years. Shayna prides herself... - [Categories](https://www.albinlawgroup.com/blog/categories/): Archives Most Popular Posts by Category Business Transactions Divorce Employment & Labor Law Estate Planning & Probate Family Law Press... - [Test Page](https://www.albinlawgroup.com/test-page/): Contact Form Untitled Untitled PhoneEmail Untitled UntitledAre you a new client? 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Prior to joining the firm in... - [John Mongogna](https://www.albinlawgroup.com/our-attorneys/john-mongogna/): John Mongogna Partner jmongogna@albinoldnerlaw. com John has a fundamental belief that everyone deserves protection and representation. He believes that a... - [Matthew Davis](https://www.albinlawgroup.com/our-attorneys/matthew-davis/): Matthew Davis Attorney mdavis@albinoldnerlaw. com Matt Davis is an attorney in the Family Law section at Albin Oldner Law, PLLC.... - [M. Nathan Barbera](https://www.albinlawgroup.com/our-attorneys/m-nathan-barbera/): M. 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It’s different from a blog post because it will stay in one place and will... --- ## Posts - [How to respond to divorce papers in Texas](https://www.albinlawgroup.com/blog/how-to-respond-to-divorce-papers-in-texas/): Getting served with divorce papers in Texas rarely feels neutral. Even if you expected it, the moment the paperwork is... - [Who gets the house in a Texas divorce? The factors at play](https://www.albinlawgroup.com/blog/who-gets-the-house-in-a-texas-divorce/): For many people, the house is the hardest part of a divorce to think about. A family home is a... - [What does terminology in Texas mean regarding conservatorship​?](https://www.albinlawgroup.com/blog/what-does-terminology-in-texas-mean-regarding-conservatorship/): If you are involved in a Texas custody case, the word “conservatorship” may come up. In Texas, courts use the... - [Does Texas have alimony in divorce?](https://www.albinlawgroup.com/blog/does-texas-have-alimony-in-divorce/): Texas does not recognize alimony in the traditional sense used in many states. Instead, Texas law allows limited court-ordered spousal... - [Do both parties have to agree to divorce in Texas?](https://www.albinlawgroup.com/blog/do-both-parties-have-to-agree-to-divorce-in-texas/): No. In Texas, one spouse can move forward with a divorce even if the other does not agree. That often... - [Does abuse influence property division in Texas?](https://www.albinlawgroup.com/blog/does-abuse-influence-property-division-texas/): Abuse can influence property division in a Texas divorce. While Texas is a community property state, courts are not required... - [What is the difference between guardianship and conservatorship in Texas?](https://www.albinlawgroup.com/blog/difference-between-guardianship-and-conservatorship-in-texas/): In Texas, conservatorship usually applies to minor children, while guardianship applies when an adult cannot manage their own personal or... - [How is a 401k divided in a Texas divorce?](https://www.albinlawgroup.com/blog/how-are-401k-divided-in-divorce-texas/): A 401(k) can be divided in a Texas divorce if any part of the account was contributed during the marriage.... - [Can I file for divorce online in Texas?](https://www.albinlawgroup.com/faqs/can-i-file-for-divorce-online-in-texas/): Yes, you can file for divorce in Texas using the state’s official e-filing system, eFileTexas. gov, or through other online... - [How to prepare for your Texas custody suit](https://www.albinlawgroup.com/blog/how-to-prepare-for-your-texas-custody-suit/): Preparing for a Texas child custody case starts with showing your involvement in your child’s life and your ability to... - [How to register an out-of-state custody order in Texas](https://www.albinlawgroup.com/blog/how-to-register-an-out-of-state-custody-order-in-texas/): Texas courts recognize and enforce existing child custody orders from other states, but first, you must register a certified copy... - [How to modify custody in Texas](https://www.albinlawgroup.com/blog/how-to-modify-custody-in-texas/): To modify an existing custody order in Texas, you must prove that a material and substantial change in circumstances has... - [A guide to supervised visitation in Texas](https://www.albinlawgroup.com/blog/how-does-supervised-visitation-work-in-texas/): How does supervised visitation work in Texas? It typically involves a third-party-approved supervisor who oversees visits between a noncustodial parent... - [Does Texas favor mothers in child custody cases?](https://www.albinlawgroup.com/blog/does-texas-favor-mothers-in-custody-cases/): Texas law does not necessarily favor mothers in child custody cases. Instead, courts evaluate each parent’s ability to meet the... - [Can a child refuse visitation in Texas?](https://www.albinlawgroup.com/blog/can-a-child-refuse-visitation-in-texas/): Can a child refuse visitation in Texas? Family dynamics are complicated, and can be even more so after a divorce.... - [How do I change my last name after a divorce in Texas?](https://www.albinlawgroup.com/blog/how-to-change-last-name-after-divorce-in-texas/): If you’re wondering how to change your last name after divorce in Texas, the good news is that you may... - [Can a judge deny a divorce in Texas?](https://www.albinlawgroup.com/blog/can-a-judge-deny-a-divorce-in-texas/): Although it isn’t common, there are some reasons why a judge can deny a divorce in Texas. Preventing this problem... - [How do I file for a divorce based on abandonment in Texas?](https://www.albinlawgroup.com/blog/how-to-file-for-abandonment-divorce-in-texas/): A marriage can fall apart for many reasons. One of the more difficult situations is when one spouse walks away,... - [Can you reopen a divorce case in Texas?](https://www.albinlawgroup.com/blog/can-you-reopen-a-divorce-case-in-texas/): Yes, there are a few situations in which a court may decide that a finalized divorce be reopened. In cases... - [How to get full custody as a father in Texas​](https://www.albinlawgroup.com/blog/how-to-get-full-custody-as-a-father-in-texas/): Texas family law judges generally favor split custody, either 50/50 or the state’s default primary possession and visitation schedule, in... - [What happens if the non-custodial parent misses visitation in Texas?](https://www.albinlawgroup.com/blog/what-happens-if-the-non-custodial-parent-misses-visitation-texas/): Missing your scheduled visitation time with your child may have no consequences, or may land you in trouble with the... - [How to get custody of a sibling in Texas](https://www.albinlawgroup.com/blog/how-to-get-custody-of-a-sibling-in-texas/): When a child’s mother and father cannot provide a safe, stable living environment for a minor child, an older adult... - [What is the Rule 11 agreement in a Texas divorce?](https://www.albinlawgroup.com/blog/what-is-a-rule-11-agreement-in-divorce-in-texas/): Texas Rule 11 agreements, in the case of divorcing spouses in Texas, are legally binding contracts between the two parties... - [Does infidelity affect a divorce case in Texas?](https://www.albinlawgroup.com/blog/does-infidelity-affect-divorce-in-texas/): Even though Texas offers no-fault grounds for divorce, adultery can still play a role in the divorce proceedings. If the... - [Is Domestic Violence Considered in a Texas Divorce Case?](https://www.albinlawgroup.com/faq/how-does-domestic-violence-affect-divorce-and-custody-cases/): In Texas, domestic violence can have a significant impact on the proceedings of divorce and custody cases. Understanding these impacts... - [The Crucial Financial Steps You Should Take to Prepare for Divorce](https://www.albinlawgroup.com/blog/how-to-financially-prepare-for-divorce/): Preparing financially for divorce is crucial for protecting your interests and ensuring a smoother transition to post-divorce life. At Albin... - [Can You Deny Visitation for Unpaid Child Support?](https://www.albinlawgroup.com/faqs/can-you-withhold-visitation-for-unpaid-child-support/): Child support and visitation rights can be deeply stressful issues, especially when financial support from your ex-partner is overdue. At... - [What Are Grounds for Divorce in Texas?](https://www.albinlawgroup.com/blog/what-are-the-grounds-for-filing-for-divorce-in-texas/): In the state of Texas, the majority of divorces are no-fault divorces. This means that the court will grant a... - [Tips for Protecting Your Privacy Online During Divorce](https://www.albinlawgroup.com/blog/5-tips-for-protecting-your-privacy-during-divorce-2/): Most people wish to keep their divorce under wraps so they can focus on moving forward. The attorneys at Albin... - [What’s the Punishment for Contempt of Court in Texas Family Law?](https://www.albinlawgroup.com/faqs/whats-the-punishment-for-contempt-of-court-in-family-law/): At Albin Oldner Law, we recognize that family law issues can be daunting, especially when they involve potential legal consequences... - [Are gifts included in divorce settlements​?](https://www.albinlawgroup.com/blog/are-gifts-included-in-divorce-settlements/): Dividing assets in a divorce is often one of the most contentious parts of the process, even in otherwise amicable... - [Who pays for a divorce?](https://www.albinlawgroup.com/blog/who-pays-for-a-divorce/): When discussing who is responsible for paying for a divorce, this typically refers to legal fees. Working with experienced Collin... - [Can someone refuse to sign divorce papers?](https://www.albinlawgroup.com/faqs/can-someone-refuse-to-sign-divorce-papers/): Yes, your spouse can refuse to sign the divorce papers, but refusing to sign the initial acknowledgment of the petition... - [How is Division of Property Handled During Divorce in Texas?](https://www.albinlawgroup.com/blog/how-is-division-of-property-handled-divorce-texas/): Dividing property during a divorce can be one of the most stressful parts of ending a marriage. Who gets the... - [What Constitutes a Texas No-Fault Divorce?](https://www.albinlawgroup.com/blog/what-constitutes-texas-no-fault-divorce/): Divorce can be a complicated and emotional process—but not every case involves a major scandal or a long list of... - [Should I sign a prenuptial agreement?](https://www.albinlawgroup.com/faqs/should-i-sign-a-prenuptial-agreement/): Considering a prenuptial agreement (commonly called a “prenup”) before saying “I do” can feel awkward. But in Texas—especially for couples... - [What's behind the rise of gray divorce in Texas?](https://www.albinlawgroup.com/blog/what-is-behind-the-rise-of-gray-divorce-in-texas/): Over the past two decades, the rate of divorce among adults aged 50 and older has steadily increased. This trend,... - [A guide on what to bring to a child custody consultation](https://www.albinlawgroup.com/blog/what-to-bring-to-a-child-custody-consultation/): Your guide for what to bring to a child custody consultation You can help your child custody lawyers help you... - [How do you adopt a stepchild in Texas?](https://www.albinlawgroup.com/faqs/how-do-you-adopt-a-stepchild-in-texas/): At Albin Oldner Law, one of the most rewarding aspects of our Collin County family law practice is guiding stepparents... - [Your complete divorce mediation checklist](https://www.albinlawgroup.com/blog/your-complete-divorce-mediation-checklist/): When you’re facing divorce in Frisco, Texas, choosing mediation can be a strategic, cost-effective, and private way to resolve the... - [Are divorces public record in Texas?](https://www.albinlawgroup.com/faqs/are-divorces-public-record-in-texas/): The short answer is yes—divorce records are public in Texas. However, there are important nuances to understand, and there are... - [Can a couple use the same divorce lawyer?](https://www.albinlawgroup.com/faqs/can-couple-use-same-divorce-lawyer/): The short answer? No. Divorcing couples are not permitted to use the same divorce attorney. In fact, divorce lawyers are... - [Does child support count as income in Texas?](https://www.albinlawgroup.com/blog/does-child-support-count-as-income/): Child support factors into the financial decision-making for many people. Whether you are the custodial parent receiving child support or... - [When is divorce mediation not recommended?](https://www.albinlawgroup.com/blog/when-is-divorce-mediation-not-recommended/): We often recommend trying to work out your divorce settlement through alternative dispute resolution methods, like mediation, supported by our... - [Does it matter who files for divorce first? The potential advantages and disadvantages](https://www.albinlawgroup.com/blog/does-it-matter-who-files-for-divorce-first/): Filing for divorce before your spouse does may give you a few advantages in the divorce process. However, this could... - [How to prepare for divorce as a stay-at-home mom](https://www.albinlawgroup.com/blog/how-to-prepare-for-divorce-as-a-stay-at-home-mom/): Divorcing as a stay-at-home mom presents unique challenges, particularly when it comes to financial stability and re-entering the workforce. Many... - [What can potentially be used against you in a custody battle?](https://www.albinlawgroup.com/blog/what-can-be-used-against-you-in-a-custody-battle/): What can potentially be used against you in a custody battle? Few things are as disruptive in a child’s life... - [What you need to know about grandparents' rights in Texas](https://www.albinlawgroup.com/blog/does-texas-have-grandparents-rights/): The relationship between grandparent and grandchild is a precious one. Spoiling grandkids, guiding them as they grow, and being an... - [Can you deny visitation as a custodial parent? The possibilities and consequences](https://www.albinlawgroup.com/blog/can-a-custodial-parent-deny-visitation/): Texas family law recognizes both strict enforcement of visitation rights and critical exceptions for child safety. While courts generally mandate... - [Is Texas a no-fault state for divorce?](https://www.albinlawgroup.com/blog/is-texas-a-no-fault-state-for-divorce/): Some divorcing couples may have a specific fault-based reason for their split, including adultery or a felony conviction. However, for... - [Navigating divorce and retirement: Legal and financial considerations](https://www.albinlawgroup.com/blog/legal-and-financial-considerations-of-divorce-and-retirement/): When divorce intersects with the golden years of retirement, the stakes are particularly high. In Texas, retirement assets accrued during... - [Can I relocate with my child if I have joint custody?](https://www.albinlawgroup.com/faqs/can-i-relocate-with-my-child-if-i-have-joint-custody/): Usually, if a parent has the right to designate the child’s primary residence and the parent wants to move far... - [What is a counter-petition for divorce in Texas?](https://www.albinlawgroup.com/faqs/what-is-a-counter-petition-for-divorce-in-texas/): When you receive unexpected divorce papers, it might feel overwhelming, especially if it seems like your spouse is fully prepared.... - [Everything you need to know about divorcing a narcissist](https://www.albinlawgroup.com/blog/everything-you-need-to-know-about-divorcing-a-narcissist/): Divorcing a spouse with narcissistic traits can be a uniquely challenging and complex process. At Albin Oldner Law, our Frisco... - [A guide to what CPS can and cannot do in Texas](https://www.albinlawgroup.com/blog/what-cps-can-and-cannot-do-in-texas/): As family law attorneys, we handle a lot of matters concerning Texas Child Protective Services (CPS) and the Texas Department... - [High-net-worth divorces: What you need to know and mistakes to avoid](https://www.albinlawgroup.com/blog/high-net-worth-divorce/): Embarking on a divorce that involves significant assets requires meticulous planning and expert legal guidance. At Albin Oldner Law, our... - [Everything you need to know about termination of parental rights in Texas](https://www.albinlawgroup.com/blog/termination-of-parental-rights-in-texas/): Texas family law emphasizes the protection of parental rights and responsibilities. Terminating these rights is a serious and complex process,... - [Legal separation alternatives in Texas](https://www.albinlawgroup.com/blog/legal-separation-alternatives-in-texas/): Texas does not recognize legal separation, but other options are available to achieve a similar outcome. Our Frisco divorce attorneys... - [In Texas, can you get a divorce while pregnant?](https://www.albinlawgroup.com/faqs/can-you-get-a-divorce-while-pregnant-in-texas/): Yes, in Texas it is possible to get a divorce while pregnant. You can also file for divorce if your... - [Discovering and handling hidden assets during a divorce](https://www.albinlawgroup.com/blog/how-to-find-hidden-assets-in-divorce/): Texas is a community property state for divorce. Unfortunately, this means there’s a lot of incentive for one spouse to... - [Avoiding fraud in the divorce process: What you should know and look for](https://www.albinlawgroup.com/blog/avoiding-divorce-fraud/): Are you getting divorced and arguing about money with your soon-to-be ex? Inequity in income, assets, and earning potential is... - [What is UIFSA in Texas?](https://www.albinlawgroup.com/faqs/what-is-uifsa-in-texas/): UIFSA stands for the Uniform Interstate Family Support Act, which has been adopted by all states, including Texas, to establish,... - [What are the exceptions to community property in Texas?](https://www.albinlawgroup.com/faqs/what-are-the-expectations-to-community-property-in-texas/): Texas law presumes that all property acquired by either spouse during the marriage is community property and should be divided... - [How do you withdraw a divorce petition in Texas?](https://www.albinlawgroup.com/faqs/how-do-you-withdraw-a-divorce-petition-in-texas/): Deciding to end a marriage is a significant decision, but circumstances can change, leading some to reconsider the path of... - [Where are divorce cases filed and heard in Frisco?](https://www.albinlawgroup.com/faqs/where-are-divorce-cases-filed-and-heard-in-frisco/): If you’re contemplating divorce in Frisco, Texas, understanding where to file your divorce petition and where the proceedings will be... - [Who gets the dog in a divorce?](https://www.albinlawgroup.com/faqs/who-gets-the-dog-in-a-divorce/): Deciding who gets the dog in a divorce can be as heart-wrenching as any other custody decision. Pets often hold... - [How do I get a copy of my divorce decree in Frisco?](https://www.albinlawgroup.com/faqs/how-do-i-get-a-copy-of-my-divorce-decree-in-frisco/): A divorce decree is a legal document that signifies the formal conclusion of your proceedings. It details the court’s agreed-upon... - [Do I have to pay child support if I have 50/50 custody?](https://www.albinlawgroup.com/blog/50-50-custody-child-support/): Navigating the complexities of child support in cases of equal custody can be challenging. At Albin Oldner Law, PLLC, we... - [Will I lose custody if I fail a drug test?](https://www.albinlawgroup.com/faqs/will-i-lose-custody-if-i-fail-a-drug-test/): Many parents worry about the impact a failed drug test could have on their ability to maintain custody or visitation... - [Navigating child support and college expenses: A guide for Texas parents](https://www.albinlawgroup.com/blog/child-support-and-college-expenses/): Navigating through the financial responsibilities of parenting doesn’t end as your child turns 18, especially when it comes to education.... - [How to talk to children about divorce](https://www.albinlawgroup.com/blog/how-to-talk-to-children-about-divorce/): Discussing divorce with your children can be one of the most challenging conversations you’ll have during the entire process. At... - [What constitutes harassment by an ex-spouse?](https://www.albinlawgroup.com/faqs/what-constitutes-harassment-by-an-ex-spouse/): Dealing with harassment from an ex-spouse can be distressing and overwhelming. If you’re trying to understand “what constitutes harassment by... - [What do I do if my ex won’t cooperate with the divorce?](https://www.albinlawgroup.com/faqs/what-are-my-options-if-my-ex-wont-cooperate-with-the-divorce/): Dealing with an uncooperative ex-partner during the divorce process can be incredibly stressful and emotionally draining. At Albin Oldner Law,... - [Can I remarry before my divorce is final?](https://www.albinlawgroup.com/faqs/can-i-remarry-before-my-divorce-is-final/): Embarking on a new relationship after deciding to end a marriage can stir a mix of emotions and questions, particularly... - [Can you get child support without being divorced?](https://www.albinlawgroup.com/faqs/can-you-get-child-support-without-being-divorced/): Navigating child support without divorce is a common concern for many parents who may be separated but not yet ready... - [Can you adopt as a single parent?](https://www.albinlawgroup.com/blog/can-you-adopt-as-a-single-parent/): Navigating the adoption process as a single parent can seem daunting, but it is entirely possible and can be a... - [Ignore Ancillary Divorce Documents at Your Own Peril](https://www.albinlawgroup.com/blog/ignore-ancilliary-divorce-documents-own-peril/): AN UNFORTUNATE ASSUMPTION at times is that the only thing necessary in a divorce is a final divorce decree signed... - [Top 3 Reasons Why Mediation Might be the Right Option for You](https://www.albinlawgroup.com/blog/3-reasons-mediation-might-be-right-option-you/): CONTRARY TO THE GLAMOUR, excitement, and vindication portrayed by courtroom dramas, litigation is rarely all it’s cracked up to be.... - [4 Legal Issues to Consider in Starting a Business](https://www.albinlawgroup.com/blog/4-legal-issues-starting-business/): AS THE ECONOMY BOOMED, many completed dreams of starting their own business and others invested in those starting a business.... - [Election 2022](https://www.albinlawgroup.com/blog/election-2022/): The past few tumultuous years have polarized many of us into opposing political camps. In previous years couples could weather... - [Frequently Asked Questions About Trusts & Wills](https://www.albinlawgroup.com/blog/wills-and-trusts/): What’s the difference between a trust and a will? A trust is a legally binding document involving three key elements:... - [What are my rights as a possessory conservator in Texas?](https://www.albinlawgroup.com/blog/what-are-my-rights-as-a-possessory-conservator/): In Texas, the law outlines parental rights and responsibilities using terms like Managing Conservator and Possessory Conservator, each carrying specific... - [Why You Need a Summer Break Possession Schedule](https://www.albinlawgroup.com/blog/why-you-need-a-summer-break-custody-schedule/): We know you’re so excited to spend more time with your family this summer. But before you can do so,... - [How are assets divided in a divorce in Texas?](https://www.albinlawgroup.com/blog/dividing-assets-in-a-texas-divorce-who-gets-what/): When facing the end of a marriage, one of the most common questions couples ask is: how are assets divided... - [What to expect in divorce mediation](https://www.albinlawgroup.com/blog/what-to-expect-during-divorce-mediation-in-texas/): Navigating the end of a marriage can be emotionally exhausting, financially draining, and legally complex. Fortunately, many divorcing couples in... - [5 Tips to Consider for a High Asset Divorce](https://www.albinlawgroup.com/blog/5-tips-to-consider-for-a-high-asset-divorce/): Nearly half of all marriages end in divorce. While this statistic may seem shocking, divorce is a common reality for many people.... - [Is Junior year the new Senior Year for High School Athletes?](https://www.albinlawgroup.com/blog/is-junior-year-the-new-senior-year-for-high-school-athletes/): How the Texas Name, Image, and Likeness Law and Texas’ UIL Rules Impact High School Athletes With no law protecting... - [How Long Does a Divorce Take in Texas?](https://www.albinlawgroup.com/faqs/how-long-does-a-divorce-take-in-texas/): Under Texas law, a divorce cannot be finalized until at least 60 days have elapsed from the date the original... - [What the Texas Name, Image, and Likeness Law Means for Texas College (and, Future College) Athletes](https://www.albinlawgroup.com/blog/what-the-texas-name-image-and-likeness-law-means-for-texas-college-and-future-college-athletes/): Introduction: On July 1, 2021, the National College Athletic Association (NCAA) lifted the rules regarding restrictions on a college athletes’... - [Business owners and divorce: important tips to bear in mind](https://www.albinlawgroup.com/blog/4-important-divorce-tips-for-business-owners/): For entrepreneurs, building a business takes years of hard work, investment, and personal sacrifice. But when divorce enters the picture,... - [3 Mistakes to Avoid During a High Asset Divorce](https://www.albinlawgroup.com/blog/3-mistakes-to-avoid-during-a-high-asset-divorce/): Divorces involving significant and complex assets are not like other divorces. There is much more at stake financially. If the... - [Reasons to Consider Mediation in a High-Net-Worth Divorce](https://www.albinlawgroup.com/blog/reasons-to-consider-mediation-in-a-high-net-worth-divorce/): For divorcing couples, significant assets create significantly different sets of concerns. There may be privacy issues, business interests, tax issues... - [We answer your top questions about divorce](https://www.albinlawgroup.com/blog/the-top-10-divorce-questions-answered/): If you’ve been contemplating divorce or if you’ve been presented with divorce papers, you probably have many questions. Perhaps you... - [5 Myths About Dividing Business Assets in Divorce](https://www.albinlawgroup.com/blog/5-myths-about-dividing-business-assets-in-divorce/): When you know you’re headed for divorce and you own a business, you might have some concerns. Does one spouse... - [3 Keys to Valuing a Closely Held Business During a Texas Divorce](https://www.albinlawgroup.com/blog/3-keys-to-valuing-a-closely-held-business-during-a-texas-divorce/): If you or your spouse own a business, or if you’re partners in a business, then your company will likely... - [Why Pro Athletes Need Prenuptial Agreements](https://www.albinlawgroup.com/blog/why-pro-athletes-need-prenuptial-agreements/): The travel, the stress, the money—all of it combines to push many athlete marriages past the breaking point. When a... - [Pro Athletes and Alimony: How Much Will a Spouse Get?](https://www.albinlawgroup.com/blog/pro-athletes-and-alimony-how-much-will-a-spouse-get/): Professional athletes who get divorced often face demands for extraordinarily high amounts of alimony or spousal maintenance. In some states, pro... - [How are stocks divided in a divorce?](https://www.albinlawgroup.com/blog/how-are-stocks-divided-during-a-divorce/): Among the many financial concerns that arise during divorce, one of the more complex and often overlooked issues is dividing... - [Conservatorship & Child Custody Laws in Texas](https://www.albinlawgroup.com/blog/conservatorship-child-custody-laws-in-texas/): If you’re going through a divorce or are considering one, you might have questions about your children. Will you receive custody of... - [Domestic Violence And Firearms](https://www.albinlawgroup.com/blog/domestic-violence-and-firearms/): Gun Violence Statistics An estimated 1. 4 million Texans have a state regulated license to carry. In 2018, One Hundred and Seventy-Four... - [Will Coronavirus Lead to a Spike in Divorce Rates?](https://www.albinlawgroup.com/blog/will-coronavirus-lead-to-a-spike-in-divorce-rates/): Ever since the COVID-19 pandemic hit the US, many have theorized that stay-at-home orders and working from home would eventually... - [Tips for Co-Parenting in a COVID-19 World](https://www.albinlawgroup.com/blog/tips-for-co-parenting-in-a-covid-19-world/): Sharing parental responsibilities can be difficult under the best of circumstances. The spread of COVID-19 makes co-parenting even tougher for... - [Things to Think About If You’re Getting Divorced During the Pandemic](https://www.albinlawgroup.com/blog/things-to-think-about-if-you-re-getting-divorced/): COVID-19 is surging in Texas, with thousands of new cases being confirmed every day. While the infection numbers capture the... - [Getting the Most Out of Mediation During the COVID-19 Crisis](https://www.albinlawgroup.com/blog/getting-the-most-out-of-mediation-during-the-covid-19-crisis/): In the middle of the coronavirus pandemic, we must continue to adapt and find ways to solve problems without endangering... - [Texas Executive Order No. GA-14](https://www.albinlawgroup.com/blog/texas-executive-order-no-ga-14/): Texas-Govenor-Executive-Order-No-GA-14Download - [CARE Act](https://www.albinlawgroup.com/blog/care-act/): Overview Retirement Provisions Health Care Provisions Restrictions For Companies That Take Federal Loans Or Loan Guarantees We await final legislative... - [Dallas County Judge, Clay Jenkins, Recent Order](https://www.albinlawgroup.com/blog/dallas-county-judge-clay-jenkins-recent-order/): Dallas County Judge, Clay Jenkins, for the Dallas County Commissioners Court issued an Amended Order(attached), “Stay Home Stay Safe”, on... - [Child Possession Schedules During the COVID-19 Pandemic](https://www.albinlawgroup.com/blog/child-possession-schedules-during-the-covid-19-pandemic/): Parents across the country are navigating new frontiers during the COVID-19 pandemic including home schooling, stocking their pantries, and entertaining... - [Income Tax Filing Date Pushed Back](https://www.albinlawgroup.com/blog/income-tax-filing-date-pushed-back/): Income Tax Filing date has been pushed from April 15th to July 15th in response to economic unease. Read more about... - [Chris Oldner Available As Special Judge](https://www.albinlawgroup.com/blog/chris-oldner-available-as-special-judge/): During this time of uncertainty and courthouse closures, retired Senior District Judge Chris Oldner, now a shareholder at Albin Oldner... - [Emergency Standing Order From Collin County District Courts Regarding Possession Schedule During School Closures](https://www.albinlawgroup.com/blog/emergency-standing-order-from-collin-county-district-courts-regarding-possession-schedule-during-school-closures/): Standing Order Regarding Child Possession Schedule The Collin County District Courts have issued an Emergency Standing Order Regarding Possession Schedules... - [Second Emergency Order About the COVID-19 State of Disaster](https://www.albinlawgroup.com/blog/second-emergency-order-about-the-covid-19-state-of-disaster/): The Supreme Court Of Texas has issued a second Emergency Order Regarding the Coronavirus (COVID-19) as it pertains to child... - [Family Violence in the Time of Quarantine](https://www.albinlawgroup.com/blog/family-violence-in-the-time-of-quarantine/): COVID-19 > Social Distancing > Family Violence Social distancing has become the new normal here in North Texas and across... - [Albin Oldner COVID-19 Operating Notice](https://www.albinlawgroup.com/blog/albin-oldner-covid-19-operating-notice/): As we all monitor the headlines regarding the spread of the coronavirus (COVID-19) and the actions of our government, educational... - [COVID-19 (Coronavirus) And Contractual Obligations](https://www.albinlawgroup.com/blog/covid-19-coronavirus-and-contractual-obligations/): It is an absolute certainty that Covid-19 has already unexpectedly affected both your personal and professional life. We are being... - [Albin Roach is Now Albin Oldner Law, PLLC](https://www.albinlawgroup.com/blog/albin-roach-is-now-albin-oldner-law-pllc/): It has been a great season of prosperity at Albin Roach but the season has run its course. While we... - [Number of Employees Entitled to Overtime Pay Likely to Increase](https://www.albinlawgroup.com/blog/number-of-employees-entitled-to-overtime-pay-likely-to-increase/): Proposed changes from the Department of Labor to overtime laws are likely to result in more change in the pockets... - [Butt-Dialers Beware!](https://www.albinlawgroup.com/blog/butt-dialers-beware/): No Expectation of Privacy on Pocket-Dialed Calls The 6th U. S. Circuit Court of Appeals held that a person has... - [Employee or Independent Contractor?](https://www.albinlawgroup.com/blog/employee-or-independent-contracter/): The U. S. Department of Labor has recently changed its approach to answering this difficult question. Read Ed Silverstein’s article... - [Online Privacy (or the Lack Thereof) Can Really Kill the Mood](https://www.albinlawgroup.com/blog/online-privacy-or-the-lack-thereof-can-really-kill-the-mood/): We all know the saying “What happens in Vegas stays in Vegas,” referring to the idea that whatever crazy antics... - [Non-Compete Agreements: Even Jimmy John’s Requires Them](https://www.albinlawgroup.com/blog/non-compete-agreements-even-jimmy-john-s-requires/): Often times, employers require their employees to sign non-compete agreements that are designed to restrict an employee’s post-employment competition. Typically, these... - [What Does the SCOTUS Ruling on Same-Sex Marriage Mean for Employers?](https://www.albinlawgroup.com/blog/what-does-the-scotus-ruling-on-same-sex-marriage/): What policy changes will employers need to make to comply with the U. S. Supreme Court’s recent ruling upholding same-sex... - [Does your Company Dress Code Need Alterations?](https://www.albinlawgroup.com/blog/does-your-company-dress-code-need-alterations/): If your company has not updated its dress code policy this year, it’s time to do so. On June 1,... - [NFL and NBA Owner Faces Battles in New Arena: Probate Court](https://www.albinlawgroup.com/blog/nfl-and-nba-owner-faces-battles-in-new-arena-probate-court/): Tom Benson, famed owner of the New Orleans Saints and New Orleans Pelicans, and his family are embroiled in battles... - [Professional Services: Opinions vs. Labor](https://www.albinlawgroup.com/blog/professional-services-opinions-vs-labor/): If you are in a service industry, you should be aware of a developing area of law which may have... - [Are Bad Internet Reviews Hurting Your Business?](https://www.albinlawgroup.com/blog/are-bad-internet-reviews-hurting-your-business/): Online reviews of businesses are becoming increasingly more important for the success of businesses. When consumers are looking to hire... - [First Things First: When and Where You Can File for Divorce](https://www.albinlawgroup.com/blog/first-things-first-when-and-where-you-can-file-for-divorce/): At the beginning of every divorce case, you must first ask yourself “where do I file? ” and “when can... - [Don’t Send Your Kids Off To College Without These!](https://www.albinlawgroup.com/blog/don-t-send-your-kids-off-to-college-without-these/): As your children come home from college or get ready to leave, take care of some simple matters that could... --- # # Detailed Content ## Pages - Published: 2026-02-05 - Modified: 2026-02-10 - URL: https://www.albinlawgroup.com/our-attorneys/brian-wisenbaker/ Brian Wisenbaker Attorney bwisenbaker@albinoldnerlaw. com Brian has spent his career representing insurance companies, automobile policy holders, physicians, truck drivers, and trucking companies. He is a resolute attorney that focuses heavily on client service and diligence. His goal is to ensure clients are represented in a way that ensures the absolute best positive outcome. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in Brian Wisenbaker Attorney bwisenbaker@albinoldnerlaw. com Brian has spent his career representing insurance companies, automobile policy holders, physicians, truck drivers, and trucking companies. He is a resolute attorney that focuses heavily on client service and diligence. His goal is to ensure clients are represented in a way that ensures the absolute best positive outcome. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in Brian focuses his practice on insurance-based disputes. He takes pride in effectively communicating with and guiding clients through the civil litigation process. In or outside the courtroom, he understands the value of attention to detail and communication. Brian was born and raised in Tyler, Texas. While at Baylor Law School, he helped re-establish the school’s American Constitution Society Chapter and served as Vice President. Prior to attending Baylor Law School, Brian attended Tulane University in New Orleans, Louisiana where he received a B. A. in History. His freshmen year at Tulane was interrupted by Hurricane Katrina. While attending Tulane University, he was elected and served as the President of the Alpha Omicron chapter of Sigma Chi. During his... --- - Published: 2026-02-05 - Modified: 2026-02-09 - URL: https://www.albinlawgroup.com/our-attorneys/carla-j-de-la-cruz/ Carla J. De La Cruz Attorney ccruz@albinoldnerlaw. com Carla De La Cruz was born and raised in Puerto Rico. Carla is a native Spanish speaker and bilingual family law attorney with over eight years of experience advocating for individuals and families through some of life’s most challenging transitions. Licensed to practice law since 2013,Carla focuses on matters including divorce, child custody, child support, and complex family disputes involving family violence, always approaching each case with both strategic precision and compassion. Carla joined the Albin Oldner Law team in 2025. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in Carla J. De La Cruz Attorney ccruz@albinoldnerlaw. com Carla De La Cruz was born and raised in Puerto Rico. Carla is a native Spanish speaker and bilingual family law attorney with over eight years of experience advocating for individuals and families through some of life’s most challenging transitions. Licensed to practice law since 2013,Carla focuses on matters including divorce, child custody, child support, and complex family disputes involving family violence, always approaching each case with both strategic precision and compassion. Carla joined the Albin Oldner Law team in 2025. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in Carla graduated from the University of Puerto Rico and later attended Pontifical Catholic University of Puerto Rico School of Law. While in law school, she gained family law experience interning at the Child Support Offices in the District Court of Ponce, Puerto Rico. She further developed... --- - Published: 2025-10-03 - Modified: 2026-02-05 - URL: https://www.albinlawgroup.com/our-attorneys/meghan-t-burns/ Meghan T. Burns Partner, Family Law Meghan is Board Certified in Family Law by the Texas Board of Legal Specialization and is also licensed in the State of Arkansas. Meghan knows firsthand the complexities of a modern family dynamic. The practice of Family Law is something that has long held great personal significance for Meghan. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS & ARKANSAS Facebook-f Instagram Linkedin-in Meghan T. Burns Partner, Family Law Meghan is Board Certified in Family Law by the Texas Board of Legal Specialization and is also licensed in the State of Arkansas. Meghan knows firsthand the complexities of a modern family dynamic. The practice of Family Law is something that has long held great personal significance for Meghan. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS AND ARKANSAS Facebook-f Instagram Linkedin-in As an adopted child herself, with four siblings who were also adopted, she has seen firsthand the joys – and frustrations- faced by children and families as they have navigated sensitive matters such as divorce and child custody. Meghan uses this deep personal experience to better serve her clients and to fight and advocate on their behalf. Her diverse background and experience bring a different perspective to the table, allowing her to anticipate her clients’ needs, and beyond that, to offer them a sense of comfort as they move through the legal process. Those she has worked with have appreciated not only her insight, but her compassion and drive as... --- - Published: 2025-07-08 - Modified: 2026-01-14 - URL: https://www.albinlawgroup.com/why-us/careers/litigation-associate-attorney/ 214-423-5100 Business Litigation Associate Attorney Albin Oldner Law in Frisco, Texas is seeking two driven and detail-oriented Associate Attorneys with 1–4 years of experience in business litigation, insurance defense and/or transactional law to join our collaboratively driven civil team. Our firm is built on a foundation of professionalism, integrity, and a shared commitment to excellence. We foster a supportive, collegial work environment where team members are encouraged to grow their practice and contribute meaningfully to long-term client relationships. These are in-office positions, allowing for a collaborative work environment that drives outstanding client service. Job Details Qualifications Licensed by the Texas Bar 1-4 years of experience in business litigation, insurance defense and/or transactional law Personable and eager to build long-term relationships with colleagues and clients Skilled in legal research and writing, with the ability to communicate clearly and persuasively Compensation To be discussed and commensurate with experience levelResume submissions can be sent toehart@albinoldnerlaw. com --- - Published: 2024-08-02 - Modified: 2026-01-14 - URL: https://www.albinlawgroup.com/why-us/careers/paralegal/ Family Law Paralegal Albin Oldner Law is looking for an experienced paralegal to join our dynamic family law section. Our firm provides comprehensive family law solutions for high net worth divorce cases, high conflict contested custody matters, pre-marital and post-marital property agreements, protective orders and modifications. We focus on helping the parties find peaceful resolutions, emphasizing the importance of mediation and settlement in achieving satisfactory outcomes for all parties involved, while always maintaining courtroom readiness. We are seeking candidates who will uphold our compassionate, personalized approach while delivering expert legal guidance for our clients. We embrace innovative practices and uphold values focused on our client’s well-being. Job Details Qualifications Minimum 3 years’ experience as a Family Law Paralegal in Texas and 5 years as a paralegal Board certification in Family Law through the Texas Board of Legal Specialization a plus but not required Working knowledge of legal terminology, procedural statutes, standing orders, evidentiary rules and local rules for the counties in which the attorneys in the office practice law Proven ability to work with a variety of Courts and often difficult opposing counsels Proficiency in Microsoft Office (Word, Excel, Outlook) and Adobe Proficiency in E-File Texas Proficiency in Westlaw is a plus Proficiency in Centerbase is a plus Responsibilities Prepare and draft legal documents including but not limited to, pleadings, discovery requests and responses, subpoenas, and correspondence. Coordinate and schedule hearings, trials, depositions, mediations, meetings, and phone conferences with the client, opposing counsel/party, experts, and the courts. Maintain attorney calendars... --- - Published: 2024-08-02 - Modified: 2026-01-15 - URL: https://www.albinlawgroup.com/why-us/careers/attorney/ Family Law Attorney Albin Oldner Law is looking for a senior, partner level attorney to join our dynamic family law section. Board certification in family law is a plus, but not required. Our firm provides comprehensive family law solutions for high net worth divorce cases, high conflict contested custody matters, pre-marital and post-marital property agreements, protective orders and modifications. We focus on helping the parties find peaceful resolutions, emphasizing the importance of mediation and settlement in achieving satisfactory outcomes for all parties involved, while always maintaining courtroom readiness. We are seeking candidates who will uphold our compassionate, personalized approach while delivering expert legal guidance for our clients. We embrace innovative practices and uphold values focused on our client’s well-being. Job Details Qualifications JD granted 2018 or earlier Licensed by the Texas Bar People management and firm business leadership experience is a plus Proven ability to originate matters through dynamic networking including referrals from prior clients, community involvement and involvement in legal organizations Extensive experience in courts throughout north Texas counties to include Collin, Denton, Dallas, and Tarrant Experienced in matters involving high asset divorces, complex property divisions, and high conflict contested custody matters Is a team player who thrives in a work hard – play hard environment Compensation To be discussed and commensurate with experience levelResume submissions can be sent to ehart@albinoldnerlaw. com --- - Published: 2024-08-02 - Modified: 2026-02-09 - URL: https://www.albinlawgroup.com/why-us/careers/ Open Positions Family Law Attorney Family Law Paralegal Litigation Associate Attorney Why Choose Us Our firm prioritizes building long-term client relationships, focusing on local businesses and families in Frisco, Plano, and nearby areas. We offer timely responses, leveraging our local expertise and cost-conscious approach to deliver effective legal solutions without unnecessary expenses. Focused on Achieving Results We prioritize our clients’ well-being comprehensively, considering family business impacts and estate planning during a divorce. Comprehensive Solutions Our firm provides comprehensive legal services with specialized attorneys across various areas, ensuring full-service support. Effort to Avoid Litigation We favor cost-effective solutions over litigation. Our skilled mediators settle disputes outside of court for successful resolutions. Meet Our Team Our Principled, Ethical Representation Gets Results Todd Albin Managing Partner Chris Oldner Senior Partner & Shareholder John Mongogna Partner M. Nathan Barbera Partner Shayna Sanborn Partner Nicole Martin Partner Meghan T. Burns Partner Carla De La Cruz Partner Matthew Davis Attorney Baleigh Cherry Attorney Brian Wisenbaker Attorney Phoenix Walden Paralegal Molly Lahmers Paralegal Devon Dittmer Paralegal Jasmine Castillo Paralegal Jennifer Tajalle Paralegal Ersa Hart Firm Administrator Aviana Pena Client Coordinator Maribel Velazquez Office Coordinator Michael Murphy Chief Executive Officer --- - Published: 2024-07-31 - Modified: 2026-02-05 - URL: https://www.albinlawgroup.com/our-attorneys/shayna-sanborn/ Shayna Sanborn Partner, Family Law ssanborn@albinoldnerlaw. com Shayna Sanborn has practiced Family Law for over 20 years. Shayna prides herself in the ability to maneuver the court system with her clients and provide counsel on complex areas of the law, while maintaining integrity and focusing on the best interests of her clients, children and their families. Being a part of a blended family herself, Shayna has a unique insight into the challenges and gifts that come with life post-divorce. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in Shayna Sanborn Partner, Family Law ssanborn@albinoldnerlaw. com Shayna Sanborn has practiced Family Law for over 20 years. Shayna prides herself in the ability to maneuver the court system with her clients and provide counsel on complex areas of the law, while maintaining integrity and focusing on the best interests of her clients, children and their families. Being a part of a blended family herself, Shayna has a unique insight into the challenges and gifts that come with life post-divorce. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in Prior to receiving her juris doctorate, Shayna served as a Briefing Attorney in 2003 on the Fourteenth Court of Appeals for the Honorable Eva Guzman, prior to Justice Guzman’s appointment to the Texas Supreme Court. She has a master’s in social work which is invaluable as she counsels individuals during challenging times. Prior to practicing law, Shayna worked at the Children’s Assessment Center in Houston, Texas... --- - Published: 2024-01-22 - Modified: 2024-01-22 - URL: https://www.albinlawgroup.com/blog/categories/ Archives ►2025June May April March February January ►2024September August July June January ►2023October July April ►2022November September June May ►2021October September August July April March February January ►2020December November August July June April March ►2019October ►2015August July June Most Popular Posts by Category Business Transactions Divorce Employment & Labor Law Estate Planning & Probate Family Law Press Releases Mediation Firm Information COVID-19 --- - Published: 2024-01-03 - Modified: 2024-01-03 - URL: https://www.albinlawgroup.com/test-page/ Contact Form Untitled Untitled PhoneEmail UntitledNo, I'm a current existing client --- - Published: 2023-12-26 - Modified: 2024-02-01 - URL: https://www.albinlawgroup.com/site-search/ How Can We Help You? Search for: --- - Published: 2023-12-22 - Modified: 2025-09-02 - URL: https://www.albinlawgroup.com/privacy-policy/ Privacy Policy We recognize that you may be concerned about our use and disclosure of your personal information. Your privacy is very important to us, and the following will inform you of the information that we, Albin Oldner Law, PLLC, may collect from you, and how it is used. By using our website, www. albinlawgroup. com, you are accepting the practices described in this policy. Information CollectionWe may collect non-personal information, such as a domain name and IP Address. The domain name and IP address reveals nothing personal about you other than the IP address from which you have accessed our site. We may also collect information about the type of Internet browser you are using, operating system, what brought you to our Website, as well as which of our Web pages you have accessed. Additionally, if you communicate with us regarding our Website or our services, we will collect any information that you provide to us in any such communication. We may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. SMS Terms of Service By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from Albin Oldner Law. This includes SMS messages for conversations (external), conversations (between employees). Message frequency varies. Message and data rates may apply. Message HELP for help. Reply STOP to any message to opt out. Information UseWe use the collected information primarily for... --- - Published: 2023-12-22 - Modified: 2026-02-18 - URL: https://www.albinlawgroup.com/site-map/ Site Map Home Our Attorneys Todd Albin Chris Oldner John Mongogna Nathan M Barbera Baleigh Cherry Matthew Davis Nicole Martin Why Us Practice Areas Family Law Adoption Attorneys Child Custody Child Support Modifications Premarital Postnuptial Agreements Spousal Support Business Litigation Construction Litigation Contract Disputes Debt Collection Insurance Coverage Litigation Real Estate Litigation Insurance Defense Business Law Business Formation Corporations Business Dissolution Buy/Sell Agreements Construction Law Contract Law General Counsel Mergers And Acquisitions Promissory Notes Real Estate Law Succession Planning Mediation Family Mediation Civil Mediation Civil Law FAQs Reviews Firm Results Podcast Forms Blog Posts by category Category: Adoption Can you adopt as a single parent? Category: Business Law 4 Legal Issues to Consider in Starting a Business Number of Employees Entitled to Overtime Pay Likely to Increase Employee or Independent Contractor? Non-Compete Agreements: Even Jimmy John’s Requires Them Does your Company Dress Code Need Alterations? Category: Child Custody How to prepare for your Texas custody suit How to modify custody in Texas How to get full custody as a father in Texas How to get custody of a sibling in Texas A guide on what to bring to a child custody consultation What can potentially be used against you in a custody battle? A guide to what CPS can and cannot do in Texas Everything you need to know about termination of parental rights in Texas Category: Child Support A guide to supervised visitation in Texas Can a child refuse visitation in Texas? Does child support count as income in... --- - Published: 2023-12-14 - Modified: 2026-02-05 - URL: https://www.albinlawgroup.com/forms/ Forms General Forms Intake – General Questionnaire Family Law Forms Intake – Family Law Questionnaire Intake – Adoption Questionnaire Intake – Modification Questionnaire Intake – Premarital Inventory Questionnaire Let Our Firm Help Setup a Virtual or In Person Consultation Today InstagramThis field is for validation purposes and should be left unchanged. UntitledUntitledPhoneEmail Untitled(Required)Yes, I'm a potential new client --- - Published: 2023-12-14 - Modified: 2024-02-13 - URL: https://www.albinlawgroup.com/firm-results/ Firm Results A Frisco, TX, Law Firm Focused on Solutions The Frisco, TX, attorneys at Albin Oldner Law, PLLC are extremely experienced trial court litigators with a reputation for pursuing our client’s cases fairly but aggressively. With early involvement we are often able to find a resolution without having to take a case to court, but our record of success at trial speaks for itself. Read a few of the cases we’ve handled for our clients and then call (214) 423-5100 or contact us online to schedule a consultation to talk about what we can do to help you achieve ensure positive results. Business Litigation Prior to hiring Albin Oldner Law, PLLC, a Collin County business had lost a case on summary judgment and was ordered to pay a significant judgment. After hiring our firm, our lawyers obtained a reversal of the summary judgment and then successfully defended the case at trial for breach of contract, fraud, and deceptive trade practices. Our firm won and the jury awarded our client $100,000 in attorney’s fees, one of the few cases in Collin County history where a defendant was awarded attorney’s fees. Albin Oldner Law, PLLC represented a telecommunications company who had been cheated out of hundreds of thousands of dollars by one of its clients. When the defendants in that case refused to participate in the discovery process, our trial attorneys obtained a judgment for our client in excess of $300,000 through the use of the “death penalty” sanction for discovery... --- - Published: 2023-12-14 - Modified: 2024-02-13 - URL: https://www.albinlawgroup.com/podcast/ Podcast The BarTalk Podcast All Episodes Episode 4: Meet Attorneys Nicole & Maddy, Our Legal and Reality TV Show Experts Episode 3: Behind the Scenes with former Judge Chris Oldner Episode 2: Get to know Attorney and Once-Viral YouTube star Todd Albin Episode 1: Welcome to BarTalk with Todd Albin & Monica Peters! Previous Next Let Our Firm Help Get a Consultation Today Untitled Untitled PhoneEmail UntitledYes, I'm a potential new client --- - Published: 2023-12-13 - Modified: 2024-02-13 - URL: https://www.albinlawgroup.com/plano-family-lawyer/premarital-postnuptial-agreements/ Premarital Postnuptial Agreements Plano Family Lawyer Child Custody Child Support Divorce Mediation Modifications Premarital Postnuptial Agreements Spousal Support Plano Marital Agreement Attorney Protect Your Future with Prenuptial and Postnuptial Agreements At Albin Oldner Law, PLLC, we understand that planning for your future and protecting your assets is of utmost importance. Whether you are about to embark on a new chapter in your life through marriage or are already married and wish to secure your financial interests, our team of experienced attorneys is here to guide you through the process of creating prenuptial and postnuptial agreements tailored to your specific needs. As a leading law firm specializing in family law matters, we take pride in providing comprehensive legal solutions for individuals and couples in Plano, Texas, and the surrounding areas. Call (214) 423-5100 or contact us online to learn about the benefits of a prenuptial and postnuptial agreement in Texas What are Prenuptial and Postnuptial Agreements? A prenuptial agreement, often referred to as a "prenup," is a legal contract entered into by couples before they get married. This agreement outlines the division of assets, properties, debts, and other financial matters in the event of a divorce or death. Prenuptial agreements are designed to protect the interests of both parties and provide clarity and certainty about their financial rights and responsibilities. On the other hand, postnuptial agreements are similar to prenuptial agreements, but they are entered into after the marriage has already taken place. While postnuptial agreements are less common than prenuptial... --- - Published: 2023-12-13 - Modified: 2024-07-11 - URL: https://www.albinlawgroup.com/frisco-mediation-attorney/civil-mediation/ Frisco Civil Mediation Lawyers Mediation Family Mediation Civil Mediation Agreeable Solutions to Civil Cases & Conflicts When you are in a civil conflict with another party, the thought of taking the matter to court can be exhausting. Not only does litigation often take far more time to complete a case, but it can also take more resources due to court and legal fees. To see if there is a simpler way to reach a fair conclusion, talk to Albin Oldner Law, PLLC and our Frisco civil mediation attorneys. We might be able to negotiate a settlement through civil mediation, even if litigation has already begun in the case. Call (214) 423-5100 to learn about civil mediation during an initial consultation. Book a Mediation What is Civil Mediation? Civil mediation is an alternative dispute resolution process specifically for cases that would go to civil court if they advanced to the trial stage. For civil mediation to work, both parties at least need to attempt to be cooperative and find a fair middle ground. Otherwise, the civil mediation attempts could fail, and the case will end up in court anyway. If a case can be solved with civil mediation and no need for a trial, then most of its details will remain confidential because matters discussed during a civil mediation session are not made into public records. During civil mediation, our Frisco civil mediation lawyer will talk to both parties separately to figure out their main concerns and wants from the process.... --- - Published: 2023-12-13 - Modified: 2024-07-11 - URL: https://www.albinlawgroup.com/frisco-mediation-attorney/family-mediation/ Frisco Family Mediation Lawyer Mediation Family Mediation Civil Mediation Helping You Better Resolve Family Disputes Albin Oldner Law, PLLC in Frisco offers a cost-effective, time-saving solution to family law disputes: family mediation. Call (214) 423-5100 to speak with a family mediation lawyer to see how this method of conflict resolution can end the legal dispute before even setting a trial date. Even if litigation has already begun in a family court of law, you can still explore your options in family mediation. We have two attorney mediators on staff. Schedule an initial consultation to see how they can help. Book a Mediation What is Family Mediation? Family mediation is an alternative dispute resolution (ADR) that seeks to end family law cases amicably before courtroom intervention is required. The family mediation process involves a trained, neutral legal professional who helps both parties explore their options to resolve the family law dispute. From start to finish, the entire process is kept private and confidential, so you don’t have to worry about third parties learning more about your personal family business. During a family mediation session with one of our Frisco family mediators, you will talk privately with the mediator and then the opposing party will, or the other way around. The family mediator can’t disclose information told to them by one party to the other party, the court, or anyone else. Once both sides have had a chance to talk to the mediator, both sides meet and discuss solutions with the mediator... --- - Published: 2023-12-13 - Modified: 2024-05-06 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/business-divorce/ Frisco Business Divorce Attorney Business Law Business Dissolution Business Divorce Business Formation Corporations Buy/Sell Agreements Construction Law Contract Law General Counsel Mergers And Acquisitions Promissory Notes Real Estate Law Succession Planning Legal Help Achieving a Fair Division of Interests in a Closely Held Business or Partnership Navigating the complexities of a business divorce in Texas can feel daunting, especially when you're deeply invested in the success and continuity of your enterprise. Just as in personal relationships, business partnerships may encounter situations where separation becomes the best path forward for all parties involved. As a Frisco business divorce attorney, we guide you through this process with clarity, aiming to protect your interests and those of the business you've worked hard to build. When ready, call the Frisco business lawyers at Albin Oldner at (214) 423-5100 and see why North Texans have trusted us to handle their business divorce proceedings for over 23 years. Understanding business divorce in Texas A business divorce refers to the legal separation of business partners or shareholders in a company. This could involve dissolving the partnership, buying out one or more partners, or restructuring the business to accommodate the departure of a partner. Legal grounds for business divorce Understanding the legal grounds for pursuing a business divorce in Texas is essential. Situations such as breaches of fiduciary duties, operational deadlocks, and evidence of fraud or misconduct can necessitate this complex process. Types of business entities and implications for divorce The nature of your business entity significantly influences... --- - Published: 2023-12-13 - Modified: 2024-06-14 - URL: https://www.albinlawgroup.com/frisco-divorce-lawyer/divorcing-narcissist/ Frisco Narcissist Divorce Lawyer Frisco Divorce Attorney Frisco Child Custody Lawyer Child Support Divorce Mediation Frisco Narcissist Divorce Lawyer Gray Divorce Frisco High-Asset Divorce Attorney No-Fault Divorce Property Division Retirement Pension Plans Frisco Spousal Support Attorney Divorce Attorneys Specializing in Narcissism At Albin Oldner Law, we take pride in helping our clients find cost-effective resolutions to the issues of divorce, child custody, and property division. Our Frisco divorce attorneys avoid litigation whenever possible because it is costly and can cause unnecessary damage to relationships that may need to continue for children's sake. Unfortunately, there are times when divorce court is the only way to achieve the goal. That is often the case when one of the marital partners has a serious personality disorder like narcissism. If you are in the process of divorcing a narcissist, you may need specialized help. Call (214) 423-5100 today to speak with our team. Understanding Narcissistic Personality Disorder (NPD) Narcissistic Personality Disorder is characterized by a long-standing pattern of grandiosity, a deep need for admiration, and a lack of empathy for others. Individuals with NPD often display arrogant behavior and may take advantage of others to achieve their own goals. Understanding these traits can help you anticipate potential challenges in divorce negotiations and maintain realistic expectations about your spouse's behaviors. Is your spouse a narcissist? Narcissists can be charming, charismatic people. It’s no wonder you were swept off your feet. They are extroverted and confident. They have a strong sense of their importance and can... --- - Published: 2023-12-13 - Modified: 2026-03-02 - URL: https://www.albinlawgroup.com/contact-us/ Contact Albin Oldner Law, PLLC Today! NameThis field is for validation purposes and should be left unchanged. First NameLast NamePhoneEmail Opposing Party's Name(Required)Yes, I'm a potential new client --- - Published: 2023-12-13 - Modified: 2024-04-04 - URL: https://www.albinlawgroup.com/lewisville-divorce-lawyer/ Lewisville Divorce Lawyer Our Attorneys Todd Albin Chris Oldner Taylor Mohr John Mongogna Nathan M Barbera Monica Peters Mary Neal Baleigh Cherry Matthew Davis Nicole Martin Helping You Navigate Through Divorce At Albin Oldner Law, PLLC, we understand that going through a divorce can be an emotionally challenging and complex process. Our dedicated team of divorce lawyers is here to provide you with the support and guidance you need during this difficult time. With years of experience serving clients, we have developed a reputation for our compassionate approach and commitment to achieving the best possible outcomes for our clients. Our firm believes in personalized attention and tailoring our legal strategies to meet your unique needs. We take the time to listen to your concerns, understand your goals, and work diligently to protect your rights and interests. Whether you are considering filing for divorce or have already begun the process, our skilled attorneys will be by your side, providing sound legal advice and advocating for you every step of the way. Divorce can be overwhelming, but you don't have to face it alone. Contact. our experienced Lewisville divorce lawyers today to schedule a confidential consultation and take the first step towards a brighter future. Exploring the Factors That Lead to Divorce Divorce is a deeply personal decision that often arises from a combination of factors unique to each individual and relationship. While every situation is different, common reasons for divorce include infidelity, financial disagreements, communication breakdowns, incompatibility, and irreconcilable differences. It... --- - Published: 2023-12-13 - Modified: 2024-02-13 - URL: https://www.albinlawgroup.com/plano-business-lawyer/ Plano Business Lawyer Plano Business Lawyer Business Litigation Business Formation Plano Business Law Attorneys Protect Your Business with Our Help Your business is your legacy and livelihood. Treat it with respect by taking any legal conflict that arises seriously. If your business is in Plano or the surrounding region in Texas, then you can count on Albin Oldner Law and our business lawyers to guide you. Our Plano business law attorneys are devoted to protecting your business’s best interests and helping it stay profitable by avoiding legal mishaps. As a local law firm, we understand what it means to run a business. We will act as if we are representing our own company when we are representing yours. Call (214) 423-5100 or contact us online for more information about business law What Does a Business Lawyer Do? You can think of a business lawyer as your company’s legal ally. If there is any legal question or dispute that comes up in the management of your business, including during the original process of establishing the business, you can depend on your business law attorney to provide answers and representation. Your business can use the services of a business law attorney in these ways and more: Contract work: Many businesses primarily rely on a business law attorney for drafting, reviewing, enforcing, or disputing contracts of all types. Reactionary: Some businesses hire a business law attorney only when they need to react to a claim, lawsuit, or another type of dispute that can... --- - Published: 2023-12-13 - Modified: 2024-02-13 - URL: https://www.albinlawgroup.com/plano-business-lawyer/business-formation/ Business Formation Plano Business Lawyer Business Litigation Business Formation Plano Business Formation Attorneys Albin Oldner Law is the name you can trust when you want to start a new business in Plano, Texas. We have decades of collective business law experience and a history of working with large companies and small businesses alike. If you have a new business idea, need to expand a company you already have, want to be part of a profitable joint venture, or have any other goal in between, then you can depend on our business formation lawyers. Our legal counsel is designed to be straightforward enough to be useful while still being professional enough to be effective. Talk to our Plano business formation lawyers now by dialing (214) 423-5100. On This Page: Pragmatic Help for Business Owners How Our Attorneys Can Help Types of Business Structures Set Up Your Business for Success Pragmatic Help for Business Owners As a business owner, you know that “Yes Men” can do more harm than good. You don’t need someone who will go along with whatever you say. You need someone who will offer valuable advice and insight that you might not have seen otherwise, so your newly formed business has the best chance of growing in the right direction. At Albin Oldner Law, we are proud of our pragmatism when it comes to all things business law-related, including business formation. With realistic expectations and deep knowledge of Texas, federal, and international business law, we are prepared to... --- - Published: 2023-12-13 - Modified: 2024-02-13 - URL: https://www.albinlawgroup.com/plano-business-lawyer/business-litigation/ Business Litigation Plano Business Lawyer Business Litigation Business Formation Plano Business Litigation Attorneys Upholding Your Company’s Best Interests in Court Albin Oldner Law, PLLC proudly offers business litigation services to local businesses and multinational corporations alike. Our Plano business litigation lawyers are here to help you navigate difficult legal situations, including those that end up in court. We take the time to understand your goals, review relevant business contracts and documents, and protect your business’s reputation. Whether you have to fight another company in trial or just need help with clarifying a conflict before it gets worse, depend on us first. Call (214) 423-5100 for more information about business litigation in Plano, TX. Different Types of Business Litigation Cases At Albin Oldner Law, PLLC, we have a large and experienced team of business litigation attorneys and support staff. We can work on a variety of different case types and find various solutions for each. For businesses without an in-house legal department, keeping our business litigation lawyers in their rotatory is the next best thing—or even better! Our Plano business litigation attorneys can help with: Business formation: Creating and forming a new business is a big venture, but it can pay off like few other things in life can. Make sure you’re ready for the process with legal counsel about regulatory compliance, contracts, insurance, and more, all from our team. Business dissolution: If your business is coming to a close, talk to us to learn how to conduct a business dissolution... --- - Published: 2023-12-13 - Modified: 2024-02-13 - URL: https://www.albinlawgroup.com/plano-divorce-lawyer/ Plano Divorce Lawyer Our Attorneys Todd Albin Chris Oldner Taylor Mohr John Mongogna Nathan M Barbera Monica Peters Mary Neal Baleigh Cherry Matthew Davis Nicole Martin Plano Divorce Lawyers Help from Compassionate Legal Professionals Divorce is stressful, but it doesn’t have to be overwhelming. Come to Albin Oldner Law, PLLC in Plano, TX. Our divorce attorneys would be happy to help you find an amicable way through your divorce, so you and your soon-to-be ex-spouse can feel confident in the future. We can help you from the start of the case to its conclusion, no matter what complications arise. Let us handle everything in your divorce case, such as: Preparing the original divorce petition. Filing the divorce petition with the right court. Responding to a divorce petition served to you. Negotiating during mediation to reach common ground. Litigating in court if the case escalates to the courtroom. Keeping your best interests in focus. On This Page: Texas Grounds for Divorce Residency Laws for Divorce in Texas How Long Does a Divorce Take? Divorce Alternatives to Consider Call Us with Any Questions About Divorce Get comfortable, compassionate legal counsel for your divorce in Plano. Contact us online now Texas Grounds for Divorce Texas recognizes a few different grounds for divorce, including: Insupportability Cruelty Adultery Felony conviction Abandonment Confinement in a mental hospital When you file for divorce, you can note one of these legal grounds if you want. It might be helpful to your case, too. For example, if your spouse... --- - Published: 2023-12-13 - Modified: 2024-02-13 - URL: https://www.albinlawgroup.com/plano-family-lawyer/ Plano Family Lawyer Plano Family Lawyer Child Custody Child Support Divorce Mediation Modifications Premarital Postnuptial Agreements Spousal Support Plano Family Law Attorneys Resolving Family Law Conflicts of All Sorts When a legal conflict occurs between family members, it can lead to a family law case, claim, or lawsuit that must be handled in a family court of law. If you are faced with such a case, then you surely feel the pressure to resolve it amicably. After all, the opposing party is probably someone close to you that you once and might still trust implicitly. To remove some of the stress of a family law case, come to Albin Oldner Law, PLLC and speak with our Plano family lawyers. We are here to help you through any case by upholding your best interests while still showing respect to the opposing party. Call (214) 423-5100. and request an initial consultation with our Plano family lawyers. Why You Should Hire a Family Law Attorney When you are faced with a legal conflict, it is always a good idea to consult with a lawyer. This truth applies to family law cases and family law attorneys, too. By hiring Albin Oldner Law, PLLC to work on your case, you can be prepared for any stage of the process. Some of the most popular reasons why people hire a family lawyer include: Legal knowledge: You won’t have to busy yourself with legal details, laws, and Texas family law regulations if you have our attorneys working... --- - Published: 2023-12-13 - Modified: 2024-02-13 - URL: https://www.albinlawgroup.com/plano-family-lawyer/child-custody/ Child Custody Plano Family Lawyer Child Custody Child Support Divorce Mediation Modifications Premarital Postnuptial Agreements Spousal Support Plano Child Custody Attorneys Respecting & Upholding Your Child’s Best Interests While you are going through a divorce and dealing with many problems, it is important to remember how the divorce will affect your children. What might be an emotional struggle for you could be the greatest challenge your children have faced yet. Our Plano child custody lawyers at Albin Oldner Law, PLLC are dedicated to helping your entire family move through a divorce or family law dispute with as little stress as possible, especially when considering the needs and expectations of your children. While working on a child custody case, we always make the child’s best interests the top priority. Throughout our many years of practice experience, our team has handled more than 2,200 mediations with a 98% success rate, so we are confident that we can handle your child custody case, too. On This Page: What is Child Custody? How Child Custody is Determined in Texas Let Our Team Help with Your Child Custody Case Plano Child Custody FAQ Can I get full custody of my child? What if things have changed, can I modify my child custody orders? What is legal custody? What is physical custody? What is partial custody? Call (214) 423-5100. or fill out an online contact form if you need help deciding child custody in Plano, TX. What is Child Custody? Child custody is the legal concept... --- - Published: 2023-12-13 - Modified: 2024-02-13 - URL: https://www.albinlawgroup.com/plano-family-lawyer/child-support/ Child Support Plano Family Lawyer Child Custody Child Support Divorce Mediation Modifications Premarital Postnuptial Agreements Spousal Support Plano, TX Child Support Attorneys Ensuring Your Child’s Future is Stable Are you worried that you will not be provided enough child support after your divorce concludes and your child could lose out on important milestones and opportunities as a result? Are you suspicious that your ex-spouse will ask you to pay far too much and it will put you under an unfair financial strain? In either situation, Albin Oldner Law and our Plano child support lawyers can help you. We are here to help you create, modify, or enforce a child support order so your child’s best interests are always upheld. On This Page: What is Child Support? How is Child Support Determined in Texas? We Can Help – Find Out How Plano Child Support FAQ: Can I receive child support arrears? What is the penalty for failing to pay child support? What if the amount of support I'm receiving is no longer enough? What if I believe I am paying too much child support? For information about child support orders in Plano, call (214) 423-5100. or contact our attorneys online What is Child Support? Child support is used to ensure that a child of divorce is still financially supported, regardless of living arrangements. It is typically paid by the non-custodial parent to the custodial parent or the one who spends the most time with the child. A Texas family court judge... --- - Published: 2023-12-13 - Modified: 2024-02-13 - URL: https://www.albinlawgroup.com/plano-family-lawyer/modifications/ Modifications Plano Family Lawyer Child Custody Child Support Divorce Mediation Modifications Premarital Postnuptial Agreements Spousal Support Plano Modification Lawyers Making Important Changes to Custody Orders & More Once a judge issues a decree for a divorce or family law case, it can understandably feel like the orders are set and can’t be changed. However, that’s not always the case. When life changes, it sometimes becomes necessary for court orders to keep up. If you need to have a custody or support order changed, or any other type of family law or divorce order altered, come to Albin Oldner Law, PLLC in Plano, Texas. Our team is highly familiar with the ins and outs of Texas family laws, including how to modify or enforce them. Tell us how your life has changed, and we can see if the court orders in your life can be changed, too, so your situation is less stressful. On This Page: What Types of Court Ruling Can Be Modified in Family Law? Grounds for Family Court Order Modifications How Often Can You Modify a Court Order? Enforcement of Court Orders & Modifications Get Legal Help for Modifications Today Talk to our Plano modifications attorneys by dialing (214) 423-5100. now. What Types of Court Ruling Can Be Modified in Family Law? Family law modifications are meant to make your life easier when the current orders are no longer tenable. This legal process can be used for a variety of different court orders, too. If a court order... --- - Published: 2023-12-13 - Modified: 2024-02-13 - URL: https://www.albinlawgroup.com/plano-family-lawyer/spousal-support/ Spousal Support Plano Family Lawyer Child Custody Child Support Divorce Mediation Modifications Premarital Postnuptial Agreements Spousal Support Plano Spousal Support Lawyer Let Our Firm Protect Your Rights to Spousal Maintenance in Plano, TX When facing the complexities of divorce, one of the most contentious issues that spouses may encounter is spousal maintenance, also known as spousal support or alimony. Spousal maintenance is an important legal concept that involves financial support provided by one spouse to the other during or after a divorce. If you are navigating the process of divorce in Plano, TX, securing the services of a knowledgeable and experienced spousal support lawyer is essential to protect your rights and financial well-being. At Albin Oldner Law, PLLC, we understand the complexities of spousal maintenance laws in Texas and the significant impact they can have on your life. Our team of dedicated family law attorneys is committed to providing compassionate and effective representation. To learn more about spousal support in Texas, contact Albin Oldner Law, PLLC today. Understanding Texas Spousal Support Texas family law courts may order one spouse to financially support the other during a divorce, a legal separation, or a partnership dissolution. This support is known as "spousal support" and can be temporary or permanent. Spousal support is based on the financial needs of the spouse asking for support and the ability of the other spouse to pay support. While spousal support is often paid in a lump sum, it may be paid in periodic payments. Types of... --- - Published: 2023-12-13 - Modified: 2024-02-13 - URL: https://www.albinlawgroup.com/plano-mediation-lawyer/ Plano Mediation Lawyer Plano Mediation Lawyer Family Cases Plano Mediation Attorneys Civil & Family Law Mediation Done Right When a civil conflict or family law dispute arises, most parties won’t want to take it to court. Both sides will prefer to keep things simple if possible. With mediation, simplicity and effectiveness can join together to find an outcome that satisfies every party involved. At Albin Oldner Law, PLLC in Plano, we proudly offer mediation services for family law and civil law cases. Using mediation, you can seek a solution that avoids serious conflicts, frustrations, and headaches. Of course, we will also do everything we can to ensure that your best interests are respected throughout mediation. Call (214) 423-5100. now to speak with a mediation attorney in Plano. What is Mediation? Mediation is a confidential, private legal process that allows two opposing parties to find a solution to a conflict or dispute together. During mediation, a neutral mediator helps both parties – likely to be the plaintiff and defendant – explore possible solutions while giving clarification and insight into legal questions. The mediator does not represent anyone, does not try to influence the outcome of the mediation, and does not make any decisions for either party. Benefits of Mediation Is mediation right for everyone and every civil law or family law case? Due to all the benefits of mediation, it is a useful start for many different case types, so you should never dismiss it right away. Key benefits of mediation... --- - Published: 2023-12-13 - Modified: 2024-02-13 - URL: https://www.albinlawgroup.com/plano-mediation-lawyer/family-cases/ Family Cases Plano Mediation Lawyer Family Cases Plano Family Mediation Lawyer Mediation for Family Cases in Plano, TX At Albin Oldner Law, PLLC, our experienced team of family mediation lawyers is dedicated to helping families navigate the complexities of family law cases through peaceful and amicable solutions. We understand that family disputes can be emotionally challenging, and we are committed to providing compassionate and effective mediation services tailored to your unique needs. When you choose our firm, you are choosing a partner who will work tirelessly to help you reach a resolution that benefits you and your loved ones. Call (214) 423-5100 or contact us online today to discuss your case with our Plano family mediation lawyer. Why Choose Mediation in Family Law Cases? Family law matters, including divorce, child custody, property division, and spousal support, can be incredibly contentious and emotionally draining. Traditional litigation can exacerbate these tensions, often leading to prolonged legal battles that can be financially burdensome and emotionally damaging, especially to children involved in the process. This is where family mediation comes in as an excellent alternative. Mediation is a voluntary, confidential, and flexible process that empowers parties to work together to find mutually agreeable solutions. Instead of relying on a judge to make decisions about your family's future, you retain control over the outcome. At Albin Oldner Law, PLLC, we believe that mediation offers numerous advantages, including: Control Over the Outcome: Mediation allows both parties to have a say in the final agreement. This sense... --- - Published: 2023-12-12 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/collin-county-family-lawyer/spousal-support/ Family Law Adoption Attorneys Frisco Child Custody Lawyer Frisco Child Support Attorney Modifications Frisco Pre- and Postnuptial Agreement Lawyer Frisco Spousal Maintenance Attorney Protecting your financial future with expert legal guidance Spousal support ors spousal maintenance , is one of the most complex aspects of divorce. While it is not automatically granted, it is possible to secure support if you meet the necessary legal requirements. At Albin Oldner Law, we understand the financial concerns that arise during divorce and are dedicated to helping our clients achieve fair and sustainable outcomes. If you seek spousal maintenance or need guidance on modifying an existing order, call (214) 423-5100 to schedule a consultation with an experienced Frisco spousal support attorney today. Why clients trust Albin Oldner Law for spousal maintenance matters Our Frisco family law attorneys understand that spousal maintenance can be a critical issue in divorce, impacting both financial stability and future well-being. Our approach combines compassionate guidance with strategic legal expertise, ensuring our clients receive fair and sustainable support arrangements. Here’s how our Frisco spousal support attorneys stand out in handling spousal maintenance cases: Tailored legal strategies – Every case is unique. Whether you are seeking spousal maintenance or defending against an excessive request, our attorneys develop a customized approach that aligns with your financial circumstances and long-term goals. Comprehensive financial advocacy – We work with financial experts to evaluate income, assets, and obligations, ensuring that support agreements are fair, enforceable, and based on accurate financial data. Deep community knowledge –... --- - Published: 2023-12-12 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/collin-county-family-lawyer/premarital-agreements/ Family Law Adoption Attorneys Frisco Child Custody Lawyer Frisco Child Support Attorney Modifications Frisco Pre- and Postnuptial Agreement Lawyer Frisco Spousal Maintenance Attorney Protect your rights and avoid future conflicts with clear, customized agreements Entering a marriage is an exciting and significant step. Whether you're bringing substantial assets into your union, blending families, or seeking clarity and security in your financial matters, the experienced Frisco prenuptial and postnuptial attorneys at Albin Oldner Law are here to guide you every step of the way. We aim to protect your interests and create tailored agreements that address your unique circumstances, ensuring clarity and peace of mind. Call (214) 423-5100 to schedule a confidential consultation today and discuss how we can help protect your future. Frisco’s trusted family law firm for over 23 years At Albin Oldner Law, our approach to pre- and postnuptial agreements combines compassionate guidance with extensive legal expertise, ensuring personalized solutions that truly meet your family's needs. Here's how our Frisco prenuptial agreement lawyers stand out for crafting pre- and postnuptial agreements: Tailored solutions – Every family has unique circumstances. Our attorneys carefully tailor each agreement to your specific assets, family dynamics, and long-term financial goals. Comprehensive asset protection – We identify and safeguard your individual assets, business interests, inheritances, and future earnings, providing clarity and security from day one. Deep community knowledge – Rooted in the Frisco and North Texas community, we leverage our extensive local court experience to draft agreements that stand up to scrutiny and are... --- - Published: 2023-12-12 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/collin-county-family-lawyer/modifications/ Frisco Child Custody Modification Lawyer Family Law Adoption Attorneys Frisco Child Custody Lawyer Frisco Child Support Attorney Modifications Frisco Pre- and Postnuptial Agreement Lawyer Frisco Spousal Maintenance Attorney “The attorneys at Albin Oldner Law, PLLC are very personable and treat their clients as people rather than just another case. ” - A. Hailey Read More Trusted advisers in child advocacy Your child's best interest is at the heart of any modification request, and the court prioritizes what will support your child’s well-being, stability, and happiness. Before you file, talking to a Frisco family law attorney at Albin Oldner Law is a good idea. We can help you understand your options and the likelihood of success based on your circumstances and guide you through the process with compassion and expertise. Who can file a child custody modification in Frisco, TX? Many people find themselves in situations where the original custody agreement just doesn't fit anymore. Here's who can ask for a change. Parents Either mom or dad can ask for a change in custody if they believe it’s better for the child. Life brings many changes, like new jobs, moving houses, or changes in health, which might make the current setup less than ideal for the child. Guardians or conservators If someone else has legal rights over the child, like a guardian or someone named in the custody order, they can also request a change if they think it’s needed for the child’s sake. Other family members Sometimes, people who aren’t... --- - Published: 2023-12-11 - Modified: 2025-04-04 - URL: https://www.albinlawgroup.com/frisco-estate-planning-lawyer/guardianship-process/ Frisco Guardianship Lawyer Estate Planning, Probate, & Guardianship Estate Planning Advanced Directives Power Attorney Asset Protection Planning Business Estate Succession Planning Wills & Trusts Estate Probate Litigation Fiduciary Litigation Trust Litigation Will Contest Guardianships of Minors & Adult Incapacitated Persons Guardianship Process Probate Estate Administration Administration Of Estates Probate Alternatives Probate Process Probate Wills The Process of Seeking Legal Guardianship When a judge appoints someone as a guardian it means the state is taking away the decision making rights of one person (the “ward”) and giving them to another person (the “guardian”). The court does not do this lightly. There is a process in place to determine whether guardianship is needed and whether the person seeking to become a guardian is fit to take on that role. All of the parties in a guardianship case are required to have legal representation. Our Frisco guardianship lawyers represent people seeking to become guardians to an adult or a child. We have extensive experience in guardianship matters. We are equally prepared to represent family members contesting the fitness of someone seeking to become a guardian for another family member, as well as adults contesting the need for guardianship. If you have questions about the judicial process to establish guardianship, call (214) 423-5100 or contact us online to schedule a consultation with us at our law office. The Process of Applying for Guardianship Filing an application for guardianshipNotice is sent to all involved parties or facilitiesAn attorney ad litem is appointed to represent the... --- - Published: 2023-12-11 - Modified: 2025-04-09 - URL: https://www.albinlawgroup.com/frisco-family-law-attorney/child-support/ Frisco Child Support Attorney Family Law Adoption Attorneys Frisco Child Custody Lawyer Frisco Child Support Attorney Modifications Premarital & Postnuptial Agreements Frisco Spousal Support Attorney “Albin Oldner Law, PLLC has done an excellent job in guiding us through the legal aspects of our case their compassion and child advocacy sets them apart from other attorneys who might have represented us. ” - Jack and Beverly Smart Read More Albin Oldner Law is honored to guide North Texas parents through child support obligations, always prioritizing the child’s best interests. We offer personalized strategies to ensure fair, sustainable support arrangements that meet each family's unique circumstances. Contact a top-rated Frisco family law attorney today to learn how we can help safeguard your and your child’s rights and interests. Why clients choose Albin Oldner Law for trusted, cost-effective representation Albin Oldner Law, PLLC provides principled, ethical representation focused on achieving practical, cost-effective results tailored to your needs. We’re mindful of your costs, aiming to save you unnecessary expenses without compromising quality. Whenever possible, we pursue solutions outside the courtroom through skilled negotiation and mediation, ensuring your goals are met efficiently. Our firm values long-term client relationships, prioritizing responsiveness and trust. Deeply rooted in North Texas, our attorneys leverage local insight and decades of experience within area courts to benefit our clients. See what our satisfied clients have to say “Albin Oldner Law, PLLC has done an excellent job in guiding us through the legal aspects of our case. Their compassion and child advocacy... --- - Published: 2023-12-11 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/collin-county-family-lawyer/child-custody/ Child Custody Family Law Adoption Attorneys Frisco Child Custody Lawyer Frisco Child Support Attorney Modifications Frisco Pre- and Postnuptial Agreement Lawyer Frisco Spousal Maintenance Attorney Frisco Child Custody Lawyers Your Child’s Best Interest is Our First Concern As emotionally draining as a separation or divorce can be for adults, it’s usually worse for children. In most cases, one or both parents are so angry at each other or hurt by the situation that their parenting ability suffers. As a result, they make choices that put their children squarely in the middle of a bad situation. What will happen to your child? How will you share custody? What if you disagree on custody? At Albin Oldner Law, our Frisco family law attorneys can tell you from experience that it doesn’t have to be that way. We will evaluate your case and develop a custody plan that is in the best interests of your children. Reach out and schedule your consultation. What is Child Custody? Custody can be defined as the legal right to have control over a child. Many factors go into custody decisions, but the most important consideration is always what is in the child’s best interest. Types of custody Custody is broken up into two parts: physical and legal. Physical custody refers to where the child will live, while legal custody refers to who has the privilege to make decisions about the child’s upbringing. In most cases, custody is awarded to one parent, with the other being given visitation... --- - Published: 2023-12-11 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/collin-county-family-lawyer/adoption/ Frisco Adoption Lawyer Family Law Adoption Attorneys Frisco Child Custody Lawyer Frisco Child Support Attorney Modifications Frisco Pre- and Postnuptial Agreement Lawyer Frisco Spousal Maintenance Attorney “Your Law Firm stood with us for over 6 years during the trying times and happy times, and a partner of the Firm went to court with us and this sweet baby girl became our adopted daughter. ” - Kenneth and Vivian Pruitt More Reviews Building Families with Stepparent and Related Family Adoption Embarking on the adoption journey is a profound step towards expanding your family, filled with both anticipation and complexities. As your experienced Frisco family lawyer, we are committed to navigating the multifaceted legal landscape of adoption with you, ensuring that every legal detail is meticulously addressed. Our approach combines a deep understanding of Texas adoption laws with a compassionate sensitivity to the emotional nuances of this life-changing process. We are here to support and guide you through each step, from understanding your options to finalizing the joyful addition to your family, making your dream of parenthood a legally secured reality. Call (214) 423-5100 to schedule your consultation. Our adoption services in Frisco At Albin Oldner Law, our Frisco adoption attorneys assist soon-to-be parents as they move through the adoption process to claim their child. We’re proud to offer the following adoption services for hopeful families in Frisco: Open vs. closed adoption Adoption by same-sex couples Adult adoption This is not a full list of services. Please contact Albin Oldner Law to... --- - Published: 2023-12-08 - Modified: 2024-01-03 - URL: https://www.albinlawgroup.com/blog/ Blog Most Popular Categories Categories Firm Information Adoption Uncategorized Mediation Child Support Child Custody Business Law Family Law General Frequently Asked Questions Divorce Archives ►2025June May April March February January ►2024September August July June January ►2023October July April ►2022November September June May ►2021October September August July April March February January ►2020December November August July June April March ►2019October ►2015August July June Recent News --- - Published: 2023-12-08 - Modified: 2026-02-18 - URL: https://www.albinlawgroup.com/faqs/ FAQs Family & Divorce Law Q: How do I get started? A: Simply call our office at (214) 423-5100 or contact us via the form at the bottom of the page to arrange a consultation at your convenience. Q: Do I need separate tax advice? A: Albin Oldner Law, PLLC always recommends that a client obtain competent tax advice before making any significant financial decisions. Our firm works closely with our clients’ tax consultants to ensure that the legal advice our firm provides harmonizes with the tax advice received from our clients’ tax specialists. Q: Since Texas is a “Community Property” state, does that mean that upon divorce everything is divided equally? A: No. If the parties cannot negotiate a fair division with the help of their respective attorneys the judge or jury will divide the marital assets and liabilities in a manner that is “just, right, fair and equitable. ” That may result in a 50/50 division; it may result in a 60/40 division, or some other division. There are many factors that the fact finder may consider, including disparity in earning capacities between the spouses and evidence of fault in the breakup of the marriage. In addition, not all property is subject to division by the court. As a general rule, property that a spouse owned before marriage, or obtained by gift or inheritance during the marriage, belongs to that spouse as his or her separate property. This kind of property is generally not included in the division... --- - Published: 2023-12-08 - Modified: 2024-07-11 - URL: https://www.albinlawgroup.com/frisco-mediation-attorney/ Mediation Attorneys in Frisco Mediation Family Mediation Civil Mediation Resolving Civil and Business Disputes with Mediation in North Texas Mediation is a cost-effective and time-saving alternative to taking a dispute to court. It’s proven so effective that Texas courts encourage – and sometimes order – parties to attempt a mediated settlement before setting a date for trial. You can choose to try mediation at any time before you go to court, even if you’ve already begun litigation. In North Texas, the law firm of Albin Oldner Law, PLLC stands out as a provider of mediation services for a wide range of family law, civil law and business law matters. Two of our attorneys are mediators with extensive training and experience in mediation methods.  Schedule your initial consultation by calling our firm at (214) 423-5100 today. Serving clients throughout North Texas. Book a Mediation The Mediation Process The mediation process is private and confidential. A trained neutral professional helps the parties explore possible solutions to their conflict. The mediator does not make any decisions nor does the mediator act as judge or legal advisor. Rather, she/he facilitates the exchange of information and settlement alternatives between parties, promoting understanding and resolution. The mediation sessions usually take place in our Frisco law office. Your attorney can represent you throughout the process if you choose. During a session, our Frisco mediator talks privately to each party to determine where to focus the negotiations. These conversations are entirely confidential — our mediator is forbidden from... --- - Published: 2023-12-08 - Modified: 2025-11-20 - URL: https://www.albinlawgroup.com/collin-county-family-lawyer-divorce/ Experienced divorce lawyers in Collin County TX, Albin Oldner Law provides trusted legal support for family law matters. Schedule a consultation today. Collin County Divorce Attorney Collin County Divorce Attorney Schedule A Consultation With Us *indicates a required field URLThis field is for validation purposes and should be left unchanged. Full Name*(Required)Email Address*(Required) Phone NumberHow can we help? *CAPTCHA Ending a marriage is never easy. It’s emotional, complex, and full of decisions that can shape your future—and your children’s—for years to come. If you’re considering divorce or separation, having the right legal support matters. At Albin Oldner Law, an experienced Collin County divorce attorney can help you understand your rights, protect what matters most, and move through the process with clarity and confidence. From day one, we focus on your goals, your peace of mind, and a path forward that reflects the life you want to build. Have questions about divorce in Collin County? Call us at (214) 423-5100 to schedule your initial consultation. We’re proud to serve clients across North Texas. Why Choose Albin Oldner Law for Divorce in Collin County While you aren’t required to be represented by a divorce lawyer when filing, it’s the best way to ensure that your interests are protected and the divorce is fair. This is particularly important if you and your spouse cannot agree on the terms of your divorce or if your spouse has hired a family law attorney to represent them. At Albin Oldner Law, our unique approach combines compassionate, personalized attention with expert legal guidance to ensure the best outcomes for your family. We are dedicated to innovation and uphold values... --- - Published: 2023-12-08 - Modified: 2026-02-10 - URL: https://www.albinlawgroup.com/collin-county-family-lawyer/ Collin County Family Lawyer Family Law Adoption Attorneys Frisco Child Custody Lawyer Frisco Child Support Attorney Modifications Frisco Pre- and Postnuptial Agreement Lawyer Frisco Spousal Maintenance Attorney Schedule A Consultation With Us *indicates a required field URLThis field is for validation purposes and should be left unchanged. Full Name*(Required)Email Address*(Required) Phone NumberHow can we help? *CAPTCHA At Albin Oldner Law, we know how overwhelming family issues like divorce or child custody can feel. These moments are deeply personal and often come with more questions than answers. That’s why you need a compassionate Collin County family lawyer—to help you make informed decisions that protect what matters most, especially your children. Whether you’re facing the challenges of living apart, navigating domestic violence, or understanding same-sex marriage laws, you don’t have to go through it alone. Our family law team is here to support you every step of the way. Call us at (214) 423-5100 to schedule your initial consultation. We’re proud to serve families across Collin County, Denton County, and Plano. Why Choose Albin Oldner Law for Collin County Family Law Matters When you're looking for a Collin County family lawyer who delivers strategic, compassionate, and results-focused representation, Albin Oldner Law stands out. Here's why we’re the trusted choice for families in Frisco, Plano, Collin County, and Denton County. Decades of Local Expertise & Community Trust Since 2000, our firm has built deep roots in North Texas—especially in Frisco, Plano, Collin County, and Denton County. Our attorneys enjoy strong professional relationships with... --- - Published: 2023-12-08 - Modified: 2026-02-20 - URL: https://www.albinlawgroup.com/why-us/ Why Us Why Choose Albin Oldner Law, PLLC Our Principled, Ethical Representation Gets Results Albin Oldner Law, PLLC is a North Texas law firm with a laser-sharp focus on the things that matter most to you. We use our legal experience, abilities, knowledge and relationships to create and achieve the most practical and cost-effective solutions for our clients. Below, you can learn more about what you can expect from us and how we are different from other firms in the area. What You Can Expect From Us When you work with Albin Oldner Law, PLLC, you can expect: Results. We take a big picture approach to ensure that the results we seek take into account your total well-being. For example, if you are getting divorced, you may need to consider how it may affect a family business. You may also need to update your estate plan because of it. Our lawyers work as a team to bring the expertise you need to address all relevant issues. You can read about a few of our recent case results here. You can also see what our clients have said about us. Complete solutions to your legal issues. A hallmark of our firm is our ability to provide you with complete solutions to your legal issues. Each of our attorneys focuses on his or her own area of practice. This allows us to be a full-service law firm, offering solutions to many types of legal issues. Effort to avoid litigation. We are experienced... --- - Published: 2023-12-08 - Modified: 2024-01-03 - URL: https://www.albinlawgroup.com/reviews/ Reviews Albin Oldner Law, PLLC has done an excellent job in guiding us through the legal aspects of our case their compassion and child advocacy sets them apart from other attorneys who might have represented us. - Jack and Beverly Smart My divorce action was completed and finalized after nearly a year and half... . The uniquely bizarre aspects of the case that dealt more with personalities than marital property and non-existent assets, was handled by Albin Oldner Law, PLLC with genuine concern for my son & I. They... navigated me through the tough times... For this I am grateful. Albin Oldner Law, PLLC maintained the highest level of professionalism and candor during the process and the results were very favorable. - M. C. The divorce mediators at Albin Oldner Law, PLLC have been great to work with during a very difficult time. They always had great answers and saw things from a different perspective. Whenever I got rattled or down they always picked me up and with a great sense of humor. I can’t imagine going through my divorce without Albin Oldner Law, PLLC representing me. - P. G. , Denton County They were really easy to work with, provided answers to all of our questions, and were overall very professional and helpful. Definitely recommend. - Maria H. The civil law team did a fantastic job! They were professional, efficient, and extremely knowledgeable. They made the entire process very easy and we will continue to use them for all... --- - Published: 2023-12-08 - Modified: 2026-02-05 - URL: https://www.albinlawgroup.com/our-attorneys/baleigh-cherry/ Baleigh Cherry Attorney bcherry@albinoldnerlaw. com Baleigh is an experienced civil litigator and business attorney. Prior to joining the firm in 2017, she practiced commercial litigation and insurance defense in West Texas. Baleigh’s practice focuses on resolving business disputes and protecting business interests for a wide variety of clients. Baleigh has experience litigating complex commercial and contract disputes, non-competition cases, real estate disputes, construction, medical malpractice, intellectual property, employment, administrative and regulatory, personal injury, wrongful death, and franchise matters. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in Baleigh Cherry Attorney bcherry@albinoldnerlaw. com Baleigh is an experienced civil litigator and business attorney. Prior to joining the firm in 2017, she practiced commercial litigation and insurance defense in West Texas. Baleigh’s practice focuses on resolving business disputes and protecting business interests for a wide variety of clients. Baleigh has experience litigating complex commercial and contract disputes, non-competition cases, real estate disputes, construction, medical malpractice, intellectual property, employment, administrative and regulatory, personal injury, wrongful death, and franchise matters. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in Baleigh focuses her practice on efficiently resolving business disputes and protecting business interests, and when necessary, zealously advocating for her clients through each stage of the civil litigation process. Clients value her attention to detail, integrity, transparent communication style, and her ability to zealously advocate for her clients, both in the courtroom, and out of the courtroom. Baleigh was born in Plano and raised in Abilene - West... --- - Published: 2023-12-07 - Modified: 2026-02-05 - URL: https://www.albinlawgroup.com/our-attorneys/john-mongogna/ John Mongogna Partner jmongogna@albinoldnerlaw. com John has a fundamental belief that everyone deserves protection and representation. He believes that a proactive approach to business planning and disputes is the best way to prevent disputes and to keep them from escalating. He also believes that law is about strategy and strategy is more than pushing paper. He also believes that sometimes strategy dictates that a fight is necessary. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in John Mongogna Partner jmongogna@albinoldnerlaw. com John has a fundamental belief that everyone deserves protection and representation. He believes that a proactive approach to business planning and disputes is the best way to prevent disputes and to keep them from escalating. He also believes that law is about strategy and strategy is more than pushing paper. He also believes that sometimes strategy dictates that a fight is necessary. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in John J. Mongogna has worked as a business attorney with a concentration in litigation and Transaction since 1997 when he was licensed by the State Bar of Texas. Before he began his career as an attorney he was privileged to work as a Legislative Aid to United States Representative Larry Combest in Lubbock, Texas. He began his practice working for a small to midsized law firm in Dallas representing both Plaintiffs and Defendants. Prior to coming to Albin Oldner Law, PLLC he worked for a large law firm handling complex... --- - Published: 2023-12-07 - Modified: 2026-02-05 - URL: https://www.albinlawgroup.com/our-attorneys/matthew-davis/ Matthew Davis Attorney mdavis@albinoldnerlaw. com Matt Davis is an attorney in the Family Law section at Albin Oldner Law, PLLC. He focuses his practice in the areas of complex divorce, child custody, post- divorce modification, and enforcement matters. Matt was admitted to the Texas Bar in 2012. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in Matthew Davis Attorney mdavis@albinoldnerlaw. com Matt Davis is an attorney in the Family Law section at Albin Oldner Law, PLLC. He focuses his practice in the areas of complex divorce, child custody, post- divorce modification, and enforcement matters. Matt was admitted to the Texas Bar in 2012. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in Along with more mainstream family law issues, Matt is versed in matters relating to surrogacy and egg donation, including gestational agreements, traditional pre-birth adoptions, and third-party biological donors. He has recognized the need for and is passionate about providing, qualified representation in these traditionally underrepresented issues. Matt understands that his clients not only demand a comprehensive understanding of the law but also an advisor and counselor to shepherd them through an otherwise dispassionate process. Equally comfortable in the courtroom or in mediation, Matt tailors his advocacy to the goals and interests of each individual client. As a native Texan, he understands the values and principles Texans hold dear and seeks to inject them into the indifference that family law can dictate. The pessimist sees the difficulty in every opportunity. The... --- - Published: 2023-12-07 - Modified: 2026-02-05 - URL: https://www.albinlawgroup.com/our-attorneys/m-nathan-barbera/ M. Nathan Barbera Partner nbarbera@albinoldnerlaw. com Nathan Barbera is a partner and is the head of the Insurance Defense section at Albin Oldner Law, PLLC. He focuses his practice in the areas of Insurance Defense, Personal Injury, Product and Premises Liability, Hospitality and Retail Liability, Civil and Commercial Litigation, and Deceptive Trade Practices Act. Nathan was admitted to the Texas Bar in 1998; the U. S. District Court, Northern and Eastern District of Texas in 1999, and the U. S. Court of Appeals, Fifth Circuit in 2003. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in Nathan M Barbera Partner nbarbera@albinoldnerlaw. com Nathan Barbera is a partner and is the head of the Insurance Defense section at Albin Oldner Law, PLLC. He focuses his practice in the areas of Insurance Defense, Personal Injury, Product and Premises Liability, Hospitality and Retail Liability, Civil and Commercial Litigation, and Deceptive Trade Practices Act. Nathan was admitted to the Texas Bar in 1998; the U. S. District Court, Northern and Eastern District of Texas in 1999, and the U. S. Court of Appeals, Fifth Circuit in 2003. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in Nathan has twenty five years as a civil litigation attorney representing insurance companies, policyholders, restaurants, corporations, employers, and various business entities. Nathan has vast jury trial experience in the courtroom handling negligence and personal injury claims, first-party insurance claims, products liability claims, Deceptive Trade Practices claims, employment claims, and commercial... --- - Published: 2023-12-07 - Modified: 2026-02-05 - URL: https://www.albinlawgroup.com/our-attorneys/nicole-martin/ Nicole Martin Partner, Family Law nmartin@albinoldnerlaw. com Nicole Martin is a partner in the Family Law practice at Albin Oldner Law, PLLC. She has made a name for herself in North Texas specializing in high-conflict and high net worth clients. Nicole was admitted to the Northern, Southern, Eastern, and Federal District Courts of the Texas Bar in 2018. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in Nicole Martin Partner, Family Law nmartin@albinoldnerlaw. com Nicole Martin is an attorney in the Family Law practice at Albin Oldner Law, PLLC. She has made a name for herself in North Texas specializing in high-conflict and high net worth clients. Nicole was admitted to the Northern, Southern, Eastern, and Federal District Courts of the Texas Bar in 2018. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in Nicole is a passionate advocate for her clients and has a high aptitude for understanding the complex details of her cases and developing creative solutions. Nicole handles high net-worth estates which involve issues related to trust, asset tracing, bankruptcy, and criminal law. She also deals with adoptions, custody disputes, premarital and post marital agreements, and protective orders. Nicole understands the emotional aspect of family law matters and seeks to assist her clients in reclaiming control over their challenging matters. Nicole is a hardworking, dedicated attorney whose toughness is only outweighed by her compassion for her clients. Dedication, responsiveness, loyalty, and advocacy are cornerstones of her client service and... --- - Published: 2023-12-07 - Modified: 2024-04-15 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/debt-collection/ Frisco Debt Collection Attorneys Business Litigation Construction Litigation Contract Disputes Debt Collection Insurance Coverage Litigation Real Estate Litigation Insurance Defense After delivering quality goods or services, denial of timely payment is frustrating and improper. Yet, commonly, debtors unfairly walk away from their debts. If you have been unable to collect the money owed to you, Albin Oldner Law, PLLC can advise you of your legal rights and take decisive actions to protect your interests. Tactics for Collecting on Debts The manner in which we approach debt collection depends on the specific facts of your case. We tailor our services to increase the efficiency and amount of your debt recovery. Some tactics we may use to collect on a debt are: Writing a demand letter — Often, debtors respond to our letter demanding payment. This may occur even after a debtor has ignored your repeated requests. Our letter makes clear that you intend to take further legal action for nonpayment. Negotiating a settlement — In an appropriate circumstance, our attorneys may suggest negotiating a settlement with the debtor. For example, if the debtor does not have enough assets to pay off her or his debt in a lump sum, we may consider creating a payment plan that the debtor is able to follow. Or, we may orchestrate waiver of certain fees in exchange for complete payment of the debt, and hence avoidance of expensive and time-consuming litigation. Obtaining a court judgment — If the debtor refuses to pay the debt, we... --- - Published: 2023-12-07 - Modified: 2024-04-15 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/insurance-coverage-litigation/ Frisco Insurance Coverage Litigation Business Law Business Dissolution Business Divorce Business Formation Corporations Buy/Sell Agreements Construction Law Contract Law General Counsel Mergers And Acquisitions Promissory Notes Real Estate Law Succession Planning Get the Coverage and Payments You Are Entitled To Insurance is governed by complex Texas and federal regulations. In addition, insurance companies often include confusing language in policies that make it difficult to know what and how much is covered. You have the right to know exactly what is covered by your insurance policy and to receive the compensation to which you are entitled under your policy. Albin Oldner Law, PLLC is a Frisco insurance litigation law firm that assists clients in securing the full compensation to which they are entitled when they file a claim for: Property insurance Liability insurance Automobile insurance Life insurance Homeowner’s insurance Business and commercial insurance Health insurance Compensation from Your Insurer Our insurance litigation law firm in Frisco can help you and represent you in claims for compensation from your insurer. Our lawyers thoroughly review your claim and gather important evidence in support of your position. In consultation with experts, our team calculates a fair damages award. We then present a persuasive argument, backed by the facts and evidence. Typically, our lawyers are able to negotiate a fair settlement. However, if the insurer is not paying you what you deserve, we advise when trial is your best option. Bad Faith You paid your premiums. In exchange, you have the right to recover compensation... --- - Published: 2023-12-07 - Modified: 2026-02-05 - URL: https://www.albinlawgroup.com/our-attorneys/todd-albin/ Todd Albin Managing Partner talbin@albinoldnerlaw. com Todd Albin is the managing partner at Albin Oldner Law, PLLC. He focuses his practice in the areas of Business, Real Estate and Construction litigation; General Counsel to Businesses, and Business Transactions. Todd was admitted to the Texas Bar; the U. S. District Court, Northern and Eastern District of Texas in 1996. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in Todd Albin Managing Partner talbin@albinoldnerlaw. com Todd Albin is the managing partner at Albin Oldner Law, PLLC. He focuses his practice in the areas of Business, Real Estate and Construction litigation; General Counsel to Businesses, and Business Transactions. Todd was admitted to the Texas Bar; the U. S. District Court, Northern and Eastern District of Texas in 1996. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Linkedin-in Todd began his practice career working for a boutique civil litigation firm in Dallas, TX in 1996. In 2000, he co-founded the firm that is now Albin Oldner Law, PLLC. Albin Oldner Law is a full-service law firm specializing in both Civil and Family Law. For over 25 years, the firm has built a dynamic reputation as trusted advisers and for their dedication to client service. Todd’s success stems from treating your business as if it were his own. While extremely experienced and well-versed in the courtroom, his greatest success comes from applying his litigation experience to advising and representing businesses to avoid future litigation through careful planning... --- - Published: 2023-12-07 - Modified: 2024-04-15 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/real-estate-litigation/ Frisco Real Estate Litigation Attorneys Business Litigation Construction Litigation Contract Disputes Debt Collection Insurance Coverage Litigation Real Estate Litigation Insurance Defense The North Texas communities in Frisco are booming, with a brisk business in home and commercial real estate sales, leases and new construction. Along with this rush of business come problems with construction delays, violations of purchase and sale agreements and lease agreements, tenancy disputes and other real estate problems. If your business has suffered financially as a result of a real estate dispute, the North Texas real estate litigation attorneys at Albin Oldner Law, PLLC protect your rights and interests in court. Call (214) 423-5100 or contact us onlineWe are a full-service business law firm providing transactional real estate services, general legal counsel, and representation in arbitration, mediation and trial court. We handle real estate litigation in state and federal courts — trial and appellate. We represent buyers and sellers, business of all sizes, realtors, title companies, construction companies and lenders – anyone involved in real estate transactions. We approach every dispute on its own terms and tailor our litigation strategy to meet the unique needs and goals of our client. Our ultimate goal is always to resolve the matter as quickly and cost-effectively as possible while protecting your interests. Legal Disputes in Real Estate Litigation If your real estate deal has gone south, our real estate trial lawyers can help you understand your rights and available legal remedies. We can prosecute or defend your interests in cases... --- - Published: 2023-12-07 - Modified: 2024-10-11 - URL: https://www.albinlawgroup.com/frisco-civil-law-attorney/ Frisco Civil Law Attorney Our Attorneys Todd Albin Chris Oldner Taylor Mohr John Mongogna Nathan M Barbera Monica Peters Mary Neal Baleigh Cherry Matthew Davis Nicole Martin Need Legal Representation in a Texas Civil Law Matter? At Albin Oldner Law, PLLC, we understand that civil legal matters can be complex and emotionally challenging. Whether you're facing a civil dispute, need legal guidance, or require representation in a civil case, our Frisco civil lawyers are here to help you navigate the complexities of Texas civil law. We are committed to delivering the highest level of legal representation to protect your rights and interests. Our dedication to excellence, paired with our deep knowledge of Texas civil law, ensures that you receive the best possible legal support. Call (214) 423-5100 or contact us online to learn how we can help you with your civil matter in Frisco, TX. What is Civil Law? Civil law is a broad legal framework that deals with disputes and conflicts between individuals or entities, where one party seeks compensation or resolution through legal means. These cases are typically initiated by individuals or entities who believe their rights have been violated or they have suffered harm due to another party's actions. Civil law practice areas encompass a wide range of legal issues, including, but not limited to, the following: Tort Law: This area covers civil wrongs or injuries, including personal injury claims (e. g. , car accidents, slip and fall cases), product liability, defamation, and medical malpractice. Contract Law:... --- - Published: 2023-12-07 - Modified: 2024-04-04 - URL: https://www.albinlawgroup.com/denton-divorce-lawyer/ Denton Divorce Lawyer Our Attorneys Todd Albin Chris Oldner Taylor Mohr John Mongogna Nathan M Barbera Monica Peters Mary Neal Baleigh Cherry Matthew Davis Nicole Martin Navigating the Complexity of Divorce Law Divorce is a challenging process that requires a comprehensive understanding of family law. At Albin Oldner Law, PLLC, we are committed to guiding you through every step of your divorce journey. Whether you are contemplating divorce, facing a contested separation, or seeking an amicable resolution, our experienced divorce lawyers in Denton, TX, are here to assist you. The legal process of divorce involves several key elements. Firstly, it is essential to establish grounds for divorce, which can vary from state to state. In Texas, common grounds for divorce include: Adultery Abandonment Living apart Cruelty Felony conviction Insupportability Our knowledgeable attorneys will help you determine the appropriate grounds based on your unique circumstances. Moreover, divorces can be categorized into two primary types: contested and uncontested. In a contested divorce, the spouses disagree on key issues such as child custody, property division, and alimony, requiring court intervention. Conversely, an uncontested divorce involves mutual agreement on these matters, allowing for a smoother and more expedient process. Throughout your divorce proceedings, our skilled attorneys will provide dedicated representation, ensuring your rights are protected and advocating for your best interests. With our extensive experience in divorce law, we have the expertise to navigate complex legal procedures and handle any challenges that may arise. Contact the Denton divorce attorneys at Albin Oldner Law, PLLC... --- - Published: 2023-12-07 - Modified: 2025-04-04 - URL: https://www.albinlawgroup.com/frisco-estate-planning-lawyer/ Estate Litigation Attorneys in Frisco Estate Planning, Probate, & Guardianship Wills, Trusts, Probate, Guardianship in North Texas At Albin Oldner Law, PLLC, we provide comprehensive legal help for our clients. Anytime you experience a major life change – start a business, get married or divorce, or have a child – you should take a moment to think about how you can protect the people you love and the business you built. Whether it's drafting a Will, establishing a Trust, or crafting a business succession plan, our attorneys are experienced in all facets of estate planning and wealth protection. We tailor our services to meet your needs, whether you have a straightforward or complex estate. will give you peace of mind that your heirs and your business interests will be protected. Talk with an estate litigation attorney at our Frisco office by calling (214) 423-5100 or contact us online to schedule a consultation. We will answer all your questions Estate Planning to Protect Your Family and Your Assets An estate plan can accomplish multiple goals: taking care of minor children reducing current and future tax liability passing on a business to a successor leaving a charitable legacy Our estate planning lawyers tailor each plan for the circumstances and objectives of the client. We will evaluate your financial situation, your loved one’s needs, and your personal goals before we recommend an estate planning tool. Common estate planning documents include: Wills or trusts Advanced power of attorney Lifetime gifting to an heir Lifetime... --- - Published: 2023-12-07 - Modified: 2024-04-15 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/insurance-defense/ Insurance Defense Lawyers in Frisco Business Litigation Construction Litigation Contract Disputes Debt Collection Insurance Coverage Litigation Real Estate Litigation Insurance Defense Property & Casualty, Liability and Policy Coverage Claims in North Texas Albin Oldner Law, PLLC is a full-service business law firm providing transactional and litigation services in North Texas. Our Frisco insurance defense lawyers represent large and small insurance companies, as well as their individual and business policyholders in matters of personal, commercial, and professional liability. We commonly help clients in the following legal areas: Personal Injury and Motor Vehicle Liability Claims We aggressively defend our clients against claims for exaggerated and unsupported damages in personal injury and wrongful death cases arising from car, truck, and motorcycle accidents, as well as commercial transportation accidents. Premises Liability Claims. Our firm defends insured property owners and property management companies against claims of negligence security and supervision, premises defects, dog bites. We protect our clients from frivolous and fraudulent lawsuits. Products Liability Claims. Our firm defends insured manufacturers, marketers, and suppliers of products and components from claims of defects in design, manufacturing, or marketing. We also handle food-related claims. Policy Coverage Claims. We help our insurance clients in challenging claims for compensation not covered under the terms of the insurance contract, including uninsured and underinsured motorist claims. We provide our insurance clients with the information they need to determine whether to pay on a claim or to take a case to court to defend an insured. We help insurers and claims handlers... --- - Published: 2023-12-06 - Modified: 2024-04-15 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/mergers-and-acquisitions/ Frisco Mergers and Acquisitions Lawyers Business Law Business Dissolution Business Divorce Business Formation Corporations Buy/Sell Agreements Construction Law Contract Law General Counsel Mergers And Acquisitions Promissory Notes Real Estate Law Succession Planning Whether you are combining your operations with another business or purchasing an existing operation, the Frisco mergers and acquisitions attorneys at Albin Oldner Law, PLLC can help you develop a clear plan of action to smooth the transition for your workforce, leadership, vendors and customers. Our Frisco law firm works with clients across North Texas advising new businesses and existing businesses on growth strategies. If your company is primed for growth, call Albin Oldner Law, PLLC at (214) 423-5100 or contact us online. Mergers Combining companies offers tremendous advantages but there is considerably more to the process than just bringing two operations together under one roof and umbrella corporation. Merging two companies requires thoughtful consideration of a variety of business issues, such as: Ensuring compliance with laws governing each of the merging entities, and a review of legal liability Merging the interests of the businesses in terms of assets, real property, intellectual property and inventory Protecting the rights of stakeholders, including investors and principals Tax clearance Certificate of Merger Chapter 10 of the Texas Business Organization Code (BOC) requires specified businesses to obtain a certificate of merger with the Texas Secretary of State (SOS). Our Frisco business law attorneys help you collect the necessary documentation to submit a complete application so your merger is approved in a timely... --- - Published: 2023-12-06 - Modified: 2024-04-04 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/business-dissolution/ Business Dissolution Attorneys in Frisco Business Law Business Dissolution Business Divorce Business Formation Corporations Buy/Sell Agreements Construction Law Contract Law General Counsel Mergers And Acquisitions Promissory Notes Real Estate Law Succession Planning If your business has been struggling for a while, it may be tempting to imagine shutting the door and walking away. You just want to move on with your life. But dissolving a business entity the right way — by placing the public and the IRS on notice that this business no longer exists — protects you from the possibility of personal liability and future tax liability. If you worked with one of the Frisco business law attorneys at Albin Oldner Law, PLLC to form your business, you already have a dissolution strategy in place, such as termination or buyout provisions in your partnership or corporate formation documents drafted when you launched your business. If you didn’t start your company with us, no problem. Our business dissolution lawyers can develop an exit plan with the goal of limiting your costs and helping you recover as much of your business investment as possible. Call our Frisco law office at (214) 423-5100 or contact us online to schedule a meeting. Business Dissolution Services There are many reasons why you might decide to dissolve a business: not enough profits, market changes, problems getting needed supplies, new regulations, workforce issues, even management or partnership problems. The reason for the dissolution of your business may inform the approach we take with: Negotiating a... --- - Published: 2023-12-06 - Modified: 2024-04-04 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/business-formation/ Frisco Business Formation Lawyers Business Law Business Dissolution Business Divorce Business Formation Corporations Buy/Sell Agreements Construction Law Contract Law General Counsel Mergers And Acquisitions Promissory Notes Real Estate Law Succession Planning At Albin Oldner Law, PLLC, we’re committed to the economic growth of our North Texas communities. If you are in the process of starting a new business in the Frisco area, we can help you establish a solid foundation so you avoid problems later on. Do you have a great business idea you’re looking to fund? Are you ready to lease space or hire your first employees? Our business formation lawyers have assisted hundreds of businesses throughout North Texas from start-up to thriving. We maintain long-term relationships with our clients. In fact, many of the businesses we helped start months, years and decades ago continue to rely on us for general legal counsel on all of their business matters. Our goal is to give your business the tools you need to succeed in all areas by being your first call for any legal questions. Call our office to talk to a business formation lawyer a (214) 423-5100 Starting Your Business Off On the Right Foot Turning a great idea into a profitable business takes a combination of ingenuity and pragmatism. If it seems like there are dozens of issues to consider, that’s because there are. With proper planning and action in the early stages of your business, you can save time, money and stress down the road. Hiring our... --- - Published: 2023-12-06 - Modified: 2024-04-04 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/business-formation/corporations/ Corporations Business Law Business Formation Corporations Business Dissolution Buy/Sell Agreements Construction Law Contract Law General Counsel Mergers And Acquisitions Promissory Notes Real Estate Law Succession Planning Frisco Corporate Law Attorneys: Corporate Formation There are a number of legal structures you can use when setting up a business. Incorporation is a popular choice and you’ll find DIY incorporation forms on the internet that purport to be all you need to get the job done. But the whole purpose of creating a business entity through incorporation is to protect business owners from liability. If these documents are done incorrectly, you could lose that benefit. Spend a little time and money up front to protect your business and financial interests and gain the protection you wanted. The Frisco corporate law attorneys at Albin Oldner Law, PLLC urge you to involve a lawyer early in the process of incorporating your business. With legal help you can avoid costly mistakes down the road and get the personal liability protection you desire. Call our office at (214) 423-5100 to schedule an appointment Corporate Tax Structures Different types of corporations, and entities such as LLCs, are taxed in different ways. When our corporate lawyers meet with you, we will gain an understanding of your goals for your business. We can then explain the advantages and disadvantages of each type of corporation and its tax implications so you can select the right entity for your business needs. Here are a few examples: C Corporation (C Corp) — IRS... --- - Published: 2023-12-06 - Modified: 2024-04-04 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/buy-sell-agreements/ Buy Sell Agreements or Asset Purchase Agreements Business Law Business Dissolution Business Divorce Business Formation Corporations Buy/Sell Agreements Construction Law Contract Law General Counsel Mergers And Acquisitions Promissory Notes Real Estate Law Succession Planning In the excitement of starting a new business venture, it is common for all parties to be optimistic and rosy about the future. But it is critical to be realistic, and to acknowledge that businesses often change as lives and circumstances change. Planning an exit strategy is the responsible thing to do. The right time to talk about how best to sell your business is in its early stages. A buy-sell agreement helps all parties involved, by establishing the terms and plans for how owners, partners or investors may exit the project. By discussing these issues in the beginning, when no one is planning to leave, it allows everyone to have a clear head and to approach the discussions with good will and positive, realistic concerns. Albin Oldner Law, PLLC has a strong corporate planning and structure team, with experience on hundreds of business formations. We bring a sophisticated business law approach to your buy-sell planning. Because our corporate law team has seen the “worst case scenarios” play out in litigation, we have the ability to steer you toward collaborative, cooperative and professional plans that will preserve investments and relationships, and hopefully avoid ever seeing a courtroom. For guidance on creating and executing an effective buy-sell agreement, call the law firm of Albin Oldner Law, PLLC... --- - Published: 2023-12-06 - Modified: 2026-02-05 - URL: https://www.albinlawgroup.com/our-attorneys/chris-oldner/ Chris Oldner Senior Partner & Shareholder coldner@albinoldnerlaw. com Chris Oldner is senior partner and shareholder at Albin Oldner Law, PLLC. He leads the firms Family Law practice and focuses his practice in the areas of complex, high asset divorce, high asset estate enforcement, and alternative dispute resolution. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Youtube Linkedin-in Chris Oldner Senior Partner & Shareholder coldner@albinoldnerlaw. com Chris Oldner is senior partner and shareholder at Albin Oldner Law, PLLC. He leads the firms Family Law practice and focuses his practice in the areas of complex, high asset divorce, high asset estate enforcement, and alternative dispute resolution. LICENSED IN: Created by Amber Parrowfrom the Noun Project TEXAS Facebook-f Instagram Youtube Linkedin-in As a former judge, Chris spent 17 years on the bench hearing family, civil, and criminal law matters before becoming a family lawyer. When he retired as a judge in 2016, he knew he wanted to use the experience and insight he gained in this role to help his clients in all family law matters. Oldner joined the Albin Law Group in 2020, and Albin Oldner Law Group, PLLC was created. As the family law section leader, Chris leads a team of outstanding family law attorneys, paralegals, and legal assistants. Book a Mediation Oldner is one of only two lawyers in Collin County who is double board certified in family law and criminal law. He has been named a Best Lawyer in Dallas in D Magazine several times... --- - Published: 2023-12-06 - Modified: 2024-04-04 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/construction-law/ Frisco Construction Law Attorneys Business Law Business Dissolution Business Divorce Business Formation Corporations Buy/Sell Agreements Construction Law Contract Law General Counsel Mergers And Acquisitions Promissory Notes Real Estate Law Succession Planning Frisco is a rapidly growing city with strong construction industries employing thousands of skilled professionals, as well as materials suppliers and finance officers. In the complex process of bringing a new building from a dream to real life, a lot can go wrong. Whether you’re in the early planning stages of a construction project, or you’re in the thick of it and you’ve run into problems, let the Frisco construction law attorneys at Albin Oldner Law, PLLC help you reach the next step. Call (214) 423-5100 or contact us onlineWe work with North Texas construction clients at all stages of the construction process, from contract negotiations, through zoning and regulatory matters, to construction and project completion. We represent owners, developers, general contractors and subcontractors on all levels from small to multi-million dollar projects. Preventing Problems Before They Start Albin Oldner Law, PLLC is in a unique position to help our clients avoid costly problems and disputes that could lead to construction litigation. Our lawyers handle construction law contracts and transactions and construction disputes in litigation and mediation. We’ve seen what can go wrong. We understand the circumstances that can give rise to legal disputes so we take a prevention-focused approach that can save you the time, money and hassle of a legal problem down the road. Construction Law Services... --- - Published: 2023-12-06 - Modified: 2024-04-04 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/contract-law/ Frisco Contract Lawyers Business Law Business Dissolution Business Divorce Business Formation Corporations Buy/Sell Agreements Construction Law Contract Law General Counsel Mergers And Acquisitions Promissory Notes Real Estate Law Succession Planning Business Contract Lawyers in North Texas Contracts are the lifeblood of any business. Without them, products aren’t developed, people aren’t hired, sales aren’t made, money isn’t invested, and deals aren’t struck. But a business contract is only as good as its legal standing. Properly drafted contracts are enforceable. At Albin Oldner Law, PLLC, our lawyers will ensure you understand the fine details of every contract you sign on behalf of your business – purchase agreements, employment contracts, real estate purchase and sales documents and construction contracts. Our Frisco contract attorneys can advise you on the best way to achieve your business goals with contracts that protect your investments and minimize the risk of future litigation. Business law is the foundation of our firm. We have a strong legal team with experience helping hundreds of businesses form, operate and succeed. By crafting contracts that are accurate, complete, and legally binding upon the parties, we ensure that your business is protected. We assist with contract negotiation and represent clients in business contract litigation when needed. Call our law office at (214) 423-5100 or contact us online to schedule a meeting. We serve clients throughout North Texas. Start with the End in Mind Believe it or not, the right time to talk about how you will close or sell your business is when... --- - Published: 2023-12-06 - Modified: 2024-04-15 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/general-counsel/ Frisco General Counsel Business Law Business Dissolution Business Divorce Business Formation Corporations Buy/Sell Agreements Construction Law Contract Law General Counsel Mergers And Acquisitions Promissory Notes Real Estate Law Succession Planning “Todd Albin is accessible yet very professional in his dealings with us. We are comfortable in bringing concerns, big or small, to Albin Oldner Law, PLLC, and know they will give us good legal advice. ” - Del and Ann Harris Transaction and Litigation Services for Frisco Businesses A business owner should not have to worry about getting answers to simple questions. Unfortunately, many businesses that do not employ in-house counsel are charged for every minute they talk to their lawyer, forcing them to constantly weigh the costs with the benefits of every interaction. Albin Oldner Law, PLLC has a bigger picture in mind. We have seen time and time again how our early involvement in transactions and dispute resolution leads to better results, often at substantial financial savings. We view our job as helping businesses reach their full potential and so we do not nickel and dime our clients. This is one of the reasons many of our business clients consider us their sole legal counsel. We invest in understanding your business in a way that saves you time and money at every turn. Because of our familiarity with your business, we can provide prompt, swift advice on every day issues without formal processes that typically prevent such daily advice and interaction with your counsel. We want to be... --- - Published: 2023-12-06 - Modified: 2024-04-15 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/promissory-notes/ Promissory Notes and Security Agreements in Frisco Business Law Business Dissolution Business Divorce Business Formation Corporations Buy/Sell Agreements Construction Law Contract Law General Counsel Mergers And Acquisitions Promissory Notes Real Estate Law Succession Planning Promissory notes are a key part of business contracts. It is a tool to help parties lend and borrow money. But to be legally binding and enforceable, promissory notes must be drafted correctly and carefully. Albin Oldner Law, PLLC can help ensure that your rights are protected if you desire to loan or borrow money via a promissory note. Once a promissory note or lending agreement has gone south, we can assist you in collecting or negotiating a settlement. Whenever possible, we will guide you to a resolution that avoids the courtroom. We have years of experience in dispute resolution and settlement negotiation. But if litigation is inevitable and you need to sue another party – or if you are being sued – over an outstanding debt or loan agreement, we can advise you and represent you. Call the law firm of Albin Oldner Law, PLLC at (214) 423-5100 or contact us online. The attorneys at Albin Oldner Law, PLLC are very personable and treat their clients as people rather than just another case. - A. Hailey Should I ever require the need for representation with any future actions, should they occur; I would not hesitate to call upon Albin Oldner. - M. C. Todd and his team have taken care of all our business and... --- - Published: 2023-12-06 - Modified: 2024-04-15 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/real-estate-law/ Frisco Real Estate Law Attorneys Business Law Business Dissolution Business Divorce Business Formation Corporations Buy/Sell Agreements Construction Law Contract Law General Counsel Mergers And Acquisitions Promissory Notes Real Estate Law Succession Planning Closing the Deal on Frisco Properties Buying or building a new home, retail space or office is an exciting adventure, but it comes with more than a little apprehension. After all, real estate is one of the most expensive purchases most people and businesses will make. When you work with a Frisco real estate law attorney at Albin Oldner Law, PLLC, your investment is protected. We take a risk mitigation approach to our real estate transactions practice, creating strong contracts that clearly address the problem areas that most often lead to real estate litigation. Our goal is to keep you out of the courtroom and get you into your new space. Buying or Selling a Commercial or Residential Property in the Frisco Area Let our Frisco real estate law attorneys guide you through the stages of your residential real estate deal: Reviewing or drafting the purchase and sale agreement Advising on escrow and contract termination Issues Preparing and reviewing the deed and clear title search Handling notes, assignments, mortgages, security agreements and other financial documents Conducting the real estate closing Managing escrow accounts to ensure accurate payment at the appropriate time Taking decisive action should a dispute arise Document Drafting, Review & Negotiation Your real estate purchase and sale agreement ensures you get what you bargained for. Terms... --- - Published: 2023-12-06 - Modified: 2024-04-15 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/succession-planning/ Business Succession Planning Lawyers in Frisco Business Law Business Dissolution Business Divorce Business Formation Corporations Buy/Sell Agreements Construction Law Contract Law General Counsel Mergers And Acquisitions Promissory Notes Real Estate Law Succession Planning Protecting Your Business’s Future with a Business Law Attorney in Frisco You invested your money, time, sweat-equity and heart into your business. In return, you expect to yield a profit and perhaps pass the company on to your children. Planning ahead from a professional and personal perspective can help you accomplish your goals. Albin Oldner Law, PLLC is dedicated to the businesses in the Frisco community. We have guided dozens of companies in formation, expansion and achieving success by anticipating problems, sharing our experiences and taking preemptive action. Creating a business succession plan is an important proactive step to protect you, your family and your business. Our business law attorneys will discuss your individual concerns and tailor a succession plan that achieves your objectives. We strive to bring you confidence in the immediate health of your business and in its future. Exit Strategies When you are starting a business, it may be hard to imagine that your vision might diverge from your partner’s ideas or that your partner might want out at some time in the future. However, these outcomes are common in the business world. Establishing a well-formulated, written exit strategy protects your investment and the viability of the business in a time of upheaval including the death or divorce of a member. We advise clients... --- - Published: 2023-12-06 - Modified: 2026-02-10 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/litigation/ Frisco Business Litigation Lawyers Business Litigation Construction Litigation Contract Disputes Debt Collection Insurance Coverage Litigation Real Estate Litigation Insurance Defense Serving Businesses in Legal Matters Throughout North Texas The Frisco business and commercial litigation attorneys at Albin Oldner Law, PLLC have counseled hundreds of clients in the Frisco area. If you have been served papers or you want to take a business dispute to court, call our Frisco business litigators. At Albin Oldner Law, PLLC, our first step is to understand your goals and then to review existing business contracts and agreements. Legal protections may already be in place in your contract. Once we understand the situation, we can suggest a strategy to help you achieve your desired outcome, whether it is covering small gaps that currently exist or identifying big holes in your documents, we can help. We have a reputation as a law firm that will pursue and prosecute our client’s case fairly but aggressively. (Review our results to see the range of exemplary outcomes we’ve achieved for our business clients and see what our clients have had to say about working with us. )But we don’t push our clients into litigation. It can be costly, time consuming and you can’t control the outcomes. When it’s appropriate and likely to yield a good result, we negotiate or mediate solutions. Our experience as trial attorneys in business litigation informs our business transactions practice. Many unpleasant and costly business disputes can be prevented by seeking legal counsel early on. If... --- - Published: 2023-12-06 - Modified: 2024-04-04 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/construction-litigation/ Frisco, TX Construction Litigation Attorneys Business Litigation Construction Litigation Contract Disputes Debt Collection Insurance Coverage Litigation Real Estate Litigation Insurance Defense Building and infrastructure construction projects are among the most complex undertakings in the world. It’s mind-boggling the number of moving parts: many parties working on tight deadlines in close quarters, relying on dozens – even hundreds – of suppliers and vendors. Even a home building project can involve a dozen subcontractors. It’s not surprising that construction disputes are common. Many law firms litigate construction disputes. At Albin Oldner Law, PLLC, we believe our legal practice stands apart. Our experience handling construction contracts and transactions gives our Frisco, TX construction litigation attorneys a deeper understanding of the complex interrelationships and issues involved in big construction projects, and that improves our ability to understand the nuances of the case. The best measure of our value can be seen in the number of new referrals we consistently receive from current and former construction clients. Ask us for a list of past clients when you contact our Frisco law office to schedule a consultation at (214) 423-5100 Legal Disputes in Construction Law We represent owners and buyers, developers, general contractors, subcontractors, lenders, bond companies, title companies, suppliers and vendors, and others involved in construction disputes. We take cases to state and federal court and appellate courts throughout Texas. We can assist you or your company with these, and other construction-related legal matters: Construction defects litigation and Residential Construction Liability Act (IRCLA) claims Construction... --- - Published: 2023-12-06 - Modified: 2024-08-15 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/contract-disputes/ Frisco Contract Dispute Lawyers Business Litigation Construction Litigation Contract Disputes Debt Collection Insurance Coverage Litigation Real Estate Litigation Insurance Defense Serving Businesses in Legal Matters Throughout North Texas Business disputes are all too common in any corporate environment. While some can be avoided with proper planning, others could never be foreseen but must be handled nonetheless. Contract disputes can be internal among stakeholders, or external between companies. Our litigators bring razor-sharp insights and decades of experience to your case. Take a look at the results we’ve achieved for our Frisco clients in business and commercial litigation. If your company is the subject of a lawsuit, or needs to bring legal action against another entity, call the contract dispute lawyers at Albin Oldner Law, PLLC at (214) 423-5100 Contract Disputes Contracts are the backbone of all business. A strong contract protects your interests, minimizes the risk of disputes and allows for legal recourse if the contract is not fulfilled. It is the best value for your dollar when it comes to legal services. Because our firm provides legal counsel and transactional services for all types of businesses in the North Texas area (particularly real estate law, construction law, and insurance law) we’ve seen the kinds of issues that can develop from a poorly worded or poorly negotiated contract. Our lawyers take decisive action when you face such challenging issues as: Fraud Partnership disputes Breach of contract Nonpayment Unenforceable clauses Bad faith Shareholder disputes Nonperformance Voidable agreements Insurance Coverage Litigation Insurance coverage... --- - Published: 2023-12-05 - Modified: 2026-02-20 - URL: https://www.albinlawgroup.com/frisco-business-lawyer/ Frisco Business Law Attorneys Business Law Business Dissolution Business Divorce Business Formation Corporations Buy/Sell Agreements Construction Law Contract Law General Counsel Mergers And Acquisitions Promissory Notes Real Estate Law Succession Planning Legal Support for Small & Large Businesses Running a business is more than a full-time job. It requires your full attention around the clock. If a legal issue arises, then you might not have the time to take care of it, which could be a problem if the case develops out of your favor. Leave all the legal aspects of your business up to Albin Oldner Law, PLLC in Frisco, Texas. Our team of business lawyers knows complex business-related laws and regulations, so you don’t need to worry about them yourself. Whether you need general counsel to figure out a legal conflict or want a contract drafted, reviewed, or enforced, we are ready to guide and support you. We offer legal services for small businesses and large corporations in Frisco. Call (214) 423-5100 now. Different Business Law Services We Offer Business law describes an umbrella of various legal processes that affect or are used by businesses. You don’t need to struggle to find a law firm that can help with your case, though. Albin Oldner Law, PLLC knows how to handle virtually any business law case that you could encounter. Let us help you with these case types and contracts and others unlisted: Business formation: Learn the best way to form a new business and avoid legal complications by... --- - Published: 2023-12-05 - Modified: 2026-02-10 - URL: https://www.albinlawgroup.com/our-attorneys/ Our Legal Team Meet Our Team Our Principled, Ethical Representation Gets Results Todd Albin Managing Partner Chris Oldner Senior Partner & Shareholder John Mongogna Partner M. Nathan Barbera Partner Shayna Sanborn Partner Nicole Martin Partner Meghan T. Burns Partner Carla De La Cruz Partner Matthew Davis Attorney Baleigh Cherry Attorney Brian Wisenbaker Attorney Phoenix Walden Paralegal Molly Lahmers Paralegal Devon Dittmer Paralegal Jasmine Castillo Paralegal Jennifer Tajalle Paralegal Ersa Hart Firm Administrator Aviana Pena Client Coordinator Maribel Velazquez Office Coordinator Michael Murphy Chief Executive Officer Let Our Firm Help Get a Consultation Today NameThis field is for validation purposes and should be left unchanged. UntitledUntitledPhoneEmail Untitled(Required)Yes, I'm a potential new client --- - Published: 2023-12-04 - Modified: 2026-02-20 - URL: https://www.albinlawgroup.com/practice-areas/ Practice Areas Albin Oldner Law is a Full-Service Law Firm in Frisco, Texas Contact Us Now Why Our Firm Meet Our Team Client Testimonials Learn About Our Services and How We Help Our Clients At Albin Oldner Law, PLLC, each of our lawyers focuses on his or her own area of law. This allows us to be a full-service law firm to our clients and offer solutions to many types of legal issues. Based in Frisco, we represent individuals, families and businesses throughout North Texas. We welcome you to schedule a consultation with us to discuss your unique situation. Call us (214) 423-5100 or contact us online to get started. Types of Cases We Handle Areas of Practice Business Transactions Divorce Family Law Mediation Business Litigation Child Custody Insurance Defense Spousal Support Meet Our Legal Team Our Principled, Ethical Representation Gets Results Todd Albin Managing Partner Chris Oldner Senior Partner & Shareholder John Mongogna Partner M. Nathan Barbera Partner Shayna Sanborn Partner Nicole Martin Partner Meghan T. Burns Partner Carla J. De La Cruz Attorney Matthew Davis Attorney Baleigh Cherry Attorney Brian Wisenbaker Attorney Our Attorneys The attorneys at Albin Oldner Law, PLLC are very personable and treat their clients as people rather than just another case. - A. Hailey Should I ever require the need for representation with any future actions, should they occur; I would not hesitate to call upon Albin Oldner. - M. C. Todd and his team have taken care of all our business and litigation... --- - Published: 2023-11-30 - Modified: 2026-03-02 - URL: https://www.albinlawgroup.com/ Albin Oldner Law Frisco Family andDivorce Lawyers Trusted Legal Advocates For Families Ranked Top 3 Family Law Attorney in Frisco – 2025 Contact Us Today Your Frisco Law Firm with a North Texas Reach Albin Oldner Law, PLLC, is a family and divorce law firm proudly serving Frisco, Plano, Dallas, and the greater North Texas region. Built on a foundation of traditional principles and unwavering ethics, our firm blends time-honored values with creative, results-driven strategies tailored to each client’s unique circumstances. As long-time residents of Frisco and Plano, our attorneys are deeply invested in the well-being of our neighbors throughout Collin, Denton, and Dallas County. We are committed to delivering high-quality legal services marked by professionalism, integrity, and a genuine dedication to the communities we call home. Over the past two decades, we’ve earned the respect of judges, fellow attorneys, court clerks, government officials, and law enforcement professionals across the region. When you work with us, you benefit not only from our legal expertise but also from our strong reputation and credibility within the North Texas legal system. Since our founding in 2000, Albin Oldner Law has handled a wide range of complex family legal matters—from high asset divorces to prenuptial and postnuptial agreements. Whether representing clients in court or guiding them through alternative dispute resolution, we craft thoughtful, innovative strategies designed to protect what matters most. Every case is different, and your legal strategy should be, too. We take pride in pushing boundaries to find personalized, forward-thinking solutions that... --- - Published: 2023-11-27 - Modified: 2023-11-27 - URL: https://www.albinlawgroup.com/sample-page/ This is an example page. It's different from a blog post because it will stay in one place and will show up in your site navigation (in most themes). Most people start with an About page that introduces them to potential site visitors. It might say something like this: Hi there! I'm a bike messenger by day, aspiring actor by night, and this is my website. I live in Los Angeles, have a great dog named Jack, and I like piña coladas. (And gettin' caught in the rain. ) ... or something like this: The XYZ Doohickey Company was founded in 1971, and has been providing quality doohickeys to the public ever since. Located in Gotham City, XYZ employs over 2,000 people and does all kinds of awesome things for the Gotham community. As a new WordPress user, you should go to your dashboard to delete this page and create new pages for your content. Have fun! --- --- ## Posts - Published: 2025-12-25 - Modified: 2026-01-16 - URL: https://www.albinlawgroup.com/blog/how-to-respond-to-divorce-papers-in-texas/ - Categories: Divorce Getting served with divorce papers in Texas rarely feels neutral. Even if you expected it, the moment the paperwork is in your hands, everything feels urgent. Questions start stacking up fast. What do I have to do? How long do I have? What happens if I wait too long? If you’ve been served with divorce papers, Texas law gives you a limited window to respond. Missing that deadline can allow the court to move forward without you, including entering a default judgment based only on what your spouse requested. Responding on time does not mean you agree with the divorce. It means you protect your ability to participate in what happens next, which is why speaking with a Frisco family and divorce lawyer early can make a meaningful difference. What does it mean to be served with divorce papers in Texas? Being served means your spouse has formally filed a petition for divorce, and the court now has authority over the case. From that point forward, deadlines apply, whether you feel ready or not. Texas refers to the spouse who files first as the “petitioner. ” The spouse who receives the papers becomes the “respondent. ” That label matters because it triggers specific obligations under Texas family law, including the requirement to file a written answer with the court. How long do you have to respond after being served? In most cases, you must file a Respondent’s Original Answer by 10:00 a. m. on the Monday following 20 days after... --- - Published: 2025-12-24 - Modified: 2026-01-14 - URL: https://www.albinlawgroup.com/blog/who-gets-the-house-in-a-texas-divorce/ - Categories: Divorce For many people, the house is the hardest part of a divorce to think about. A family home is a source of stability and often the place where children feel most grounded. When a marriage ends, one of the first questions people ask is who gets the house in a Texas divorce, and the answer is that it depends on several overlapping factors. Texas courts do not award the home automatically to one spouse. Instead, judges look at how and when the property was acquired, how it was paid for, and what outcome is fair under Texas law. A Frisco family and divorce lawyer can help you understand how those decisions are made and prepare you for what comes next. How does Texas law treat the marital home? Texas is a community property state, meaning most property acquired during the marriage belongs to both spouses, regardless of whose name appears on the title. That rule usually applies to the marital home if it was purchased during the marriage with marital funds. Property can be considered separate in limited situations. For example, a home purchased before marriage or acquired entirely with separate funds may fall outside the community estate. Proving that requires clear documentation, and even then, the analysis can become complicated if marital funds were later used for mortgage payments or renovations. Because real estate is often one of the most valuable assets in a divorce, it helps to speak with a Frisco family and divorce lawyer early to understand... --- - Published: 2025-12-19 - Modified: 2026-01-14 - URL: https://www.albinlawgroup.com/blog/what-does-terminology-in-texas-mean-regarding-conservatorship/ - Categories: Divorce If you are involved in a Texas custody case, the word “conservatorship” may come up. In Texas, courts use the term conservatorship instead of “custody. ” Conservatorship describes who has the legal authority to make decisions for a child and how parents share time and responsibility. Before getting into the specific labels, it can help to talk through how Texas courts actually apply them with a Frisco family and divorce lawyer who handles custody cases regularly. What does conservatorship mean under Texas law? Conservatorship refers to the rights and duties a parent has regarding their child. Those rights can include making medical decisions, choosing schools, accessing records, and determining where the child lives. Texas courts focus on allocating responsibility rather than “winning custody. ” The goal is to structure decision-making and possession in a way that supports the child’s stability and well-being. That is why conservatorship orders often divide rights and responsibilities between parents rather than awarding everything to one side. What is a joint managing conservatorship? A joint managing conservatorship means both parents share legal rights and duties for their child. This arrangement is common in Texas custody cases, even when parents do not have equal time with the child. Sharing conservatorship does not always mean everything is split evenly. One parent may have the exclusive right to determine the child’s primary residence, while both parents share decision-making in other areas. The details depend on what the court believes serves the child’s best interests. Many parents hear “joint” and... --- - Published: 2025-12-17 - Modified: 2026-01-14 - URL: https://www.albinlawgroup.com/blog/does-texas-have-alimony-in-divorce/ - Categories: Frequently Asked Questions Texas does not recognize alimony in the traditional sense used in many states. Instead, Texas law allows limited court-ordered spousal maintenance in specific situations, or contractual alimony when spouses agree to support payments by contract. Spousal maintenance is governed by the Texas Family Code and is not automatically awarded in divorce. Courts may order support only when strict eligibility requirements are met, and both the amount and duration are capped by statute. If you are looking for support or responding to a request for it, an experienced Frisco family and divorce lawyer can explain how these Texas alimony rules apply to your situation. What qualifies for spousal maintenance in Texas? Texas courts may award spousal maintenance only if the requesting spouse lacks sufficient property to meet their minimum reasonable needs and meets at least one statutory condition under Texas Family Code Section 8. 051. A spouse may qualify if: The marriage lasted at least 10 years, and the spouse cannot earn sufficient income to meet basic needs The spouse has a physical or mental disability that limits earning ability The spouse is the primary caregiver for a disabled child of the marriage, whose care prevents sufficient employment The other spouse was convicted of or received deferred adjudication for family violence within two years before the divorce filing or while the divorce was pending Meeting one of these conditions does not guarantee spousal maintenance. The court still evaluates whether the requesting spouse has adequate property or resources available. In limited cases... --- - Published: 2025-12-09 - Modified: 2026-01-14 - URL: https://www.albinlawgroup.com/blog/do-both-parties-have-to-agree-to-divorce-in-texas/ - Categories: Divorce No. In Texas, one spouse can move forward with a divorce even if the other does not agree. That often surprises people, especially when the split was not mutual. Texas law allows a divorce to proceed based on one spouse’s decision alone, as long as the legal process is followed. That does not mean the other spouse has no say. While you cannot usually stop the divorce itself, you can participate in decisions about property division, child custody, child support, and the final terms of the divorce. How you respond, and how quickly you do so, matters, and a Frisco family and divorce lawyer can help you navigate these steps. What makes divorce possible without mutual agreement? Texas is a no-fault divorce state. This means a spouse can file a petition for divorce by stating that the marriage is no longer workable, without proving wrongdoing by the other spouse. Once the petition is filed and properly served, the case can move forward, whether or not both spouses agree to end the marriage. If the responding spouse does nothing, the court may eventually proceed without them and enter a default judgment after the required deadlines and waiting periods are met. This is one reason speaking with a Frisco family and divorce lawyer early can be important. Understanding how the process works helps you avoid losing your voice simply because you did not respond in time. What happens if you do not agree with the terms of the divorce? Disagreeing with the... --- - Published: 2025-12-05 - Modified: 2026-01-16 - URL: https://www.albinlawgroup.com/blog/does-abuse-influence-property-division-texas/ - Categories: Divorce Abuse can influence property division in a Texas divorce. While Texas is a community property state, courts are not required to divide marital property evenly when doing so would be unfair. When there is a documented history of abuse, judges do have the discretion to award a greater share of marital property to the spouse who was harmed. For many people, this question comes up while they are still deciding how to leave a marriage safely. Before navigating these issues alone, many people find it helpful to speak with a Frisco family and divorce lawyer who understands how courts apply these definitions in real cases. If you are in immediate danger, call 911 or your local emergency number before taking any legal steps. How does Texas law define abuse in divorce cases? Texas does not rely on a single, catch-all definition of abuse. Instead, courts look to specific provisions of the Texas Family Code when evaluating family violence in divorce and custody cases. Under Texas Family Code §71. 004, family violence includes physical harm, bodily injury, assault, sexual assault, and threats that reasonably place a family member in fear of imminent physical harm. Abuse of a child is also included. But physical injury is not always required. Credible threats and patterns of behavior that create fear can qualify as family violence under Texas law. This definition is often central in divorce cases where property division, child custody, or protective orders are involved. What types of abuse can affect a Texas... --- - Published: 2025-12-04 - Modified: 2026-01-14 - URL: https://www.albinlawgroup.com/blog/difference-between-guardianship-and-conservatorship-in-texas/ - Categories: Frequently Asked Questions In Texas, conservatorship usually applies to minor children, while guardianship applies when an adult cannot manage their own personal or financial affairs. While the terms sound similar, conservatorship and guardianship are governed by different laws and handled in different courts. If you are facing a situation involving a child or a vulnerable adult, understanding which legal process applies can help you protect your family member and avoid unnecessary delays. A Frisco family and divorce lawyer can help explain how Texas courts apply these rules and what responsibilities come with each role. What does conservatorship mean under Texas law? In Texas, conservatorship is a family law concept governed by the Texas Family Code that determines who has legal rights and duties related to a child. It covers decision-making authority, not only where the child lives. Texas courts may assign different conservatorship roles, including: Joint managing conservators, where both parents share major decision-making responsibilities A sole managing conservator, where one parent holds most decision-making authority while the other parent has limited rights A parent who is not a managing conservator may be named a possessory conservator. A possessory conservator usually has visitation rights but does not control major decisions about the child’s education and medical care. Conservatorship focuses on long-term decisions about a child’s personal care, education, medical treatment, and upbringing. The court’s primary concern is the child’s best interests. How do you obtain a conservatorship in Texas? To obtain a conservatorship, a parent or other interested party must file a petition... --- - Published: 2025-11-25 - Modified: 2025-12-18 - URL: https://www.albinlawgroup.com/blog/how-are-401k-divided-in-divorce-texas/ - Categories: Divorce A 401(k) can be divided in a Texas divorce if any part of the account was contributed during the marriage. Texas is a community property state, so the portion of the 401(k) earned while married is treated as marital property that may be subject to division. The part earned before the marriage is considered separate property. Because retirement accounts are complex, many spouses need help determining how much of the account each person owns.   Working with a Frisco family law and divorce lawyer at Albin Oldner Law can help you understand how Texas law applies to your retirement savings and what steps protect your financial future. How does Texas law divide a 401(k) in divorce? Texas divorce law separates a 401(k) into two categories: separate property and community property. Contributions made before the marriage belong to the spouse who earned them. Contributions made during the marriage, including money added through employer matches and investment growth from those contributions, are community property and may be divided. Several issues can complicate the process: Both spouses may have contributed to the same 401(k) plan. Old account statements may be missing, and neither spouse can show what the account was worth at the time of the marriage. The account may have grown through interest, dividends, or market gains. When these questions arise, a forensic accountant often traces the account to determine how much is separate property and how much is community property. This process can take time, especially when accounts have been rolled... --- - Published: 2025-11-20 - Modified: 2025-12-18 - URL: https://www.albinlawgroup.com/faqs/can-i-file-for-divorce-online-in-texas/ - Categories: Frequently Asked Questions Yes, you can file for divorce in Texas using the state’s official e-filing system, eFileTexas. gov, or through other online service providers. Electronic filing may be easier for self-represented litigants (if you don’t have a lawyer). It’s mandated for attorneys to use the Texas e-filing system.   Even though filing for divorce online may be easier than going to the local county court, there are still specific requirements for filing (which vary by county) as well as state requirements, such as a waiting period and residency requirements. To file for divorce in Texas, at least one spouse must have lived in Texas for six months and in the county of filing for at least 90 days. A Frisco family law and divorce lawyer can help you navigate county-specific requirements and avoid delays in finalizing your divorce How to use the official e-filing system for an uncontested divorce The official portal for e-filing divorce in Texas is eFileTexas. gov. The site uses a guided interview process to help you properly complete the required court forms. It’s a fairly straightforward process; create an account, fill out the required information, then electronically submit the divorce forms to the county court in which you reside (for Frisco residents, it’s either Collin County or Denton County; double-check which county you’re in before starting the process). All documents must be filed in the county where you meet the residency requirement. If you and your spouse do not share minor children or shared property, then the divorce... --- - Published: 2025-11-14 - Modified: 2025-12-18 - URL: https://www.albinlawgroup.com/blog/how-to-prepare-for-your-texas-custody-suit/ - Categories: Child Custody Preparing for a Texas child custody case starts with showing your involvement in your child’s life and your ability to meet their physical and emotional needs. Judges focus on what supports the child, so the clearer, organized, and detailed your evidence is, the stronger your position becomes. With guidance from a Frisco family law and divorce lawyer at Albin Oldner Law, you can approach your custody case in Texas with confidence and a clear plan. Judges base decisions in Texas child custody cases on the best interest of the child. They look at daily involvement, the stability each parent provides, and what arrangement will support the child’s long-term well-being. Knowing what the court evaluates ahead of time can help you prepare effectively and explain why your proposed custody arrangements make sense. What do judges consider in a suit affecting a child’s best interests? Parental preferences are toward the bottom of the list of things a Texas family law judge considers when issuing possession orders. Much more important is a safe, healthy living arrangement that will allow the child to thrive. Texas law sets several specific considerations for judges to evaluate in child custody matters, including but not limited to : The parent-child relationship, and which parent has been the primary caregiver. This includes how each parent supports the child’s emotional development and the strength of the bond between the child and each parent. Each parent’s ability to provide a safe, stable home. Safe and stable generally means clean, with functional... --- - Published: 2025-11-06 - Modified: 2025-12-18 - URL: https://www.albinlawgroup.com/blog/how-to-register-an-out-of-state-custody-order-in-texas/ - Categories: Frequently Asked Questions Texas courts recognize and enforce existing child custody orders from other states, but first, you must register a certified copy of your order with the district clerk in the county where you live. Under the Texas Family Code and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), including § 152. 301–152. 317, you can ask a Texas court to enforce or later modify an out-of-state custody order once it is properly registered with the district clerk. You can submit the paperwork yourself, but to ensure it’s complete, correct, and that your county court will have no trouble enforcing an out-of-state child custody order, it’s usually best to consult with a Frisco family law and divorce lawyer to ensure it’s properly done. What do I need to register an out-of-state custody order in Texas? There is no residency requirement to register an out-of-state custody order in Texas. However, registration must be completed correctly so the court can enforce the order without delay. First, you must obtain two copies of your order from the issuing court; one must be certified and bear an endorsement certificate seal or stamp. Then, submit these documents to the district clerk in the Texas county where you currently live: Prepare and file a letter requesting registration; you can use the UCCJEA Request to Register Out-of-State Custody Order form to do so Submit your two copies of the initial order, the certified one, and the other Submit an affidavit declaring that the order has not been modified;... --- - Published: 2025-11-05 - Modified: 2025-12-18 - URL: https://www.albinlawgroup.com/blog/how-to-modify-custody-in-texas/ - Categories: Child Custody To modify an existing custody order in Texas, you must prove that a material and substantial change in circumstances has occurred since the initial court order was issued. Your lawyer can file a petition to modify the existing custody and support order with the court that issued the original order. You must prove that a substantial change has occurred and that the changes you propose are in your child’s best interest.   You have a much better chance of success by working with an experienced Frisco family law and divorce lawyer. However, it’s still important to understand what a Texas court would consider when modifying the parental custody order. Legal requirements for a custody modification case in Texas Under the Texas Family Code, you generally cannot file a modification after one year of the prior order unless you qualify for one of several limited statutory exceptions: A material and substantial change has occurred since the last order was issued The proposed change is in the best interest of the child Material changes in circumstances can include one child’s parent moving far enough away that the current custody situation is impractical, if one parent’s employment has significantly changed (such as becoming disabled or to the point where they cannot sustain gainful employment), or one parent’s substance abuse could risk the child’s physical well-being. A conviction for family violence, child abuse, or neglect could also be considered a reason for the change. Note that the Texas Family Code requires a request for... --- - Published: 2025-10-30 - Modified: 2025-11-06 - URL: https://www.albinlawgroup.com/blog/how-does-supervised-visitation-work-in-texas/ - Categories: Child Support How does supervised visitation work in Texas? It typically involves a third-party-approved supervisor who oversees visits between a noncustodial parent and their child. This type of arrangement is reserved for situations in which there is a legitimate concern for the child’s safety, should they be left unsupervised with the parent.   If you’re navigating a supervised visitation case, seek support from a Frisco divorce attorney at Albin Oldner Law, a North Texas family law firm that understands complex custody matters. Our team can help you reach an agreement that protects the parent-child relationship while respecting the children's best interests.   What circumstances may lead to supervised visitation? The state of Texas operates in the best interests of the child when determining child custody agreements or visitation schedules. Texas law typically assumes a joint managing conservator setup unless there is reason to implement a different model. This means that both parents should have roughly equal parenting time and rights to make decisions for the child. However, this may become a situation in which there is a primary custodial parent and the other is granted visitation under the supervision of a third party, when a court may order supervised visitation in cases such as: Family violence from the other parent Child abuse or neglect by the noncustodial parent Established pattern of alcohol or drug abuse from the non-custodial parent These situations do not guarantee supervised visitation, but they are often part of the consideration. Judges always act in the child’s best interests... --- - Published: 2025-10-23 - Modified: 2025-11-06 - URL: https://www.albinlawgroup.com/blog/does-texas-favor-mothers-in-custody-cases/ - Categories: Frequently Asked Questions Texas law does not necessarily favor mothers in child custody cases. Instead, courts evaluate each parent’s ability to meet the child’s physical and emotional needs and provide a stable environment. Custody arrangements (called ‘possession and access’ under Texas law) are based on the best interests of the child. Often, this results in either a 50/50 split between mother and father, or the standard possession schedule of every other weekend and one weeknight per week for the non-custodial parent. Texas courts tend to make custody decisions that favor joint managing conservatorship, unless there is a good reason to consider a different custody arrangement, such as substance abuse or a history of domestic violence. That being said, if you're the father seeking primary custody of your child, you'll need to build a strong case in your favor and follow the advice of your Frisco divorce attorneys. How Texas courts determine the child's best interests The court's primary consideration is what is best for the child. If the parents share possession (Texas uses "possession" and "access" instead of "custody" and "visitation") of the child, they must each demonstrate their ability to provide a stable and consistent environment for the child. This includes a clean home with food, a stable living situation, and the capability to meet the child's physical and emotional needs. Family law courts also consider how consistently each parent participates in their child’s daily life. If one parent is less involved—for example, rarely attending school events, appointments, or extracurricular activities—it could... --- - Published: 2025-10-23 - Modified: 2025-11-06 - URL: https://www.albinlawgroup.com/blog/can-a-child-refuse-visitation-in-texas/ - Categories: Child Support Can a child refuse visitation in Texas? Family dynamics are complicated, and can be even more so after a divorce. Depending on the nature of the relationship, children may not want to visit their other parent. However, a child is not legally allowed to refuse visitation in Texas. It is up to parents to ensure that the child visits their other parent. At Albin Oldner Law, our Frisco divorce attorneys can help you navigate these situations and find helpful solutions to improve the situation between your child and their other parent.   Understanding a child’s rights regarding visitation Child custody and visitation are approved or determined by the court under Texas Family Code §152. Texas law also states that a child is considered any individual under the age of 18. Because children cannot make legal decisions for themselves, they are not allowed to violate the terms of the custody agreement. Only once a child turns 18 can they choose to discontinue visitation with the other parent. During custody negotiations, Texas courts will take into consideration a child’s preference of who they want to live with if they are 12 years of age or older. This helps determine the best interests of the child and helps reduce the chance that they will refuse visitation. However, it is important to be aware that a child’s preferences may not be the deciding factor for the parenting schedule. Parents must enforce visitation even if a child refuses Parents are responsible for carrying out the... --- - Published: 2025-10-09 - Modified: 2025-11-06 - URL: https://www.albinlawgroup.com/blog/how-to-change-last-name-after-divorce-in-texas/ - Categories: Frequently Asked Questions If you’re wondering how to change your last name after divorce in Texas, the good news is that you may not need to file a separate petition. Texas law allows you to request a name change during the divorce process itself. If the court approves the request, your new (or former) name will be reflected in the final divorce decree. This process is straightforward in many cases, but there are a few steps and legal details to keep in mind. The Frisco divorce attorneys at Albin Oldner Law help people across North Texas understand and navigate these issues with clarity. Can I change my name during the divorce process? Yes. Under Texas Family Code § 45. 105, a judge can include a name change in the final divorce decree. You may request to return to a prior legal name, like your maiden name, but you can’t choose a completely new name without going through a separate legal name change process. You don’t need to fill out a separate form to request a name change during your divorce. If you’re the one filing, you can include the request in your original divorce petition. If your spouse filed, you can add your request in your response or waiver of service. What if I didn’t request a name change during the divorce? If your divorce is already finalized and your decree doesn’t include a name change, you’ll need to file a separate petition for an adult name change under Texas law. This process usually... --- - Published: 2025-10-09 - Modified: 2025-11-06 - URL: https://www.albinlawgroup.com/blog/can-a-judge-deny-a-divorce-in-texas/ - Categories: Divorce Although it isn’t common, there are some reasons why a judge can deny a divorce in Texas. Preventing this problem is a matter of careful preparation to make sure you are following Texas family law requirements. Even if your soon-to-be ex refuses to cooperate, you can still complete your divorce if you work closely with our experienced Frisco divorce attorneys at Albin Oldner Law. Why can a judge deny a divorce in Texas? Although there are several instances where a judge could deny your divorce, most of them have to do with Texas family law requirements. Divorce law is very specific, and you must follow every step in the process or risk a denial. The criteria to file for divorce in Texas include, but are not limited to: At least one of you must be a resident of Texas for a minimum of 6 months before you file. At least one of you must live in the county where you’re filing for at least 90 days before beginning the process. You must properly serve notice of the divorce to your spouse. If your spouse won’t cooperate with the divorce, you must file a default divorce petition to avoid a denial. You must wait at least 61 days under Texas law after filing the initial petition for a final decree. You didn’t file all the forms correctly or on time. You didn’t attend your court hearing. You aren’t guaranteed a divorce just because you want one, so it’s wise to take... --- - Published: 2025-10-02 - Modified: 2026-02-18 - URL: https://www.albinlawgroup.com/blog/how-to-file-for-abandonment-divorce-in-texas/ - Categories: Divorce A marriage can fall apart for many reasons. One of the more difficult situations is when one spouse walks away, leaving the other to manage life, bills, and sometimes children, alone. If your spouse leaves and doesn’t return, it’s natural to feel uncertain about your next steps.   The good news is that Texas law provides a path forward for those who need to know how to file for an abandonment divorce in Texas. A Frisco divorce attorney at Albin Oldner Law is here to help you understand your options and guide you through the process of filing for divorce on the grounds of abandonment in Texas. What does abandonment mean in Texas? First, let’s define what legal abandonment in Texas means. Unlike a mutual decision to live apart, Texas Family Code Section 6. 005 sets a clear standard for fault divorces. To successfully prove abandonment, you must demonstrate three key things: Your spouse leaves you with the intention of abandonment, meaning they have no intention of returning to the marriage. The abandoning spouse voluntarily left the marital residence. The abandonment occurs, and the spouse has remained away for at least one year. Crucially, if your spouse left because you asked them to, or if they have continued to provide meaningful financial support to the household or for children, it may not meet the strict legal definition of abandonment.   Also, if they return even for a brief visit within that year, the clock for the continuous one-year period could... --- - Published: 2025-09-30 - Modified: 2025-11-13 - URL: https://www.albinlawgroup.com/blog/can-you-reopen-a-divorce-case-in-texas/ - Categories: Divorce Yes, there are a few situations in which a court may decide that a finalized divorce be reopened. In cases of fraud or misrepresentation during the divorce process, or if there is significant new evidence that would affect the court-ordered spousal support amount or frequency, child custody and support arrangements, or marital property division, then the aggrieved spouse can file a motion with the county court to reopen the divorce case in light of the changed circumstances. You and your Frisco divorce attorney have 30 days from the date of the final divorce decree to file the petition demonstrating that one of these situations is present, along with supporting evidence.   Grounds for revising a divorce decree in Texas Texas law stipulates specific circumstances in which you can reopen the divorce for reconsideration of the divorce decree. Fraud or misrepresentation: Submit proof that your spouse concealed assets or purposefully lied during the proceedings to achieve a more favorable division of marital property. This includes the discovery of hidden assets; if one spouse fails to disclose assets during the divorce and they are subsequently discovered after the decree is issued, the case may be reopened. Mental incapacity: One party may have been mentally incapacitated and therefore legally unable to consent to the divorce decree or go through the proceedings. Legal or clerical errors: If the divorce decree contains an error, a discrepancy from what the couple worked out on their own or in mediation, or if there was an error in... --- - Published: 2025-09-17 - Modified: 2025-11-13 - URL: https://www.albinlawgroup.com/blog/how-to-get-full-custody-as-a-father-in-texas/ - Categories: Child Custody Texas family law judges generally favor split custody, either 50/50 or the state’s default primary possession and visitation schedule, in divorce, as it’s seen to be in the best interest of the child to have a good relationship with each parent and spend as much time as possible with each one. As a father facing divorce and a potentially nasty custody battle, the thought of seeking full custody can seem like a far-off dream. That being said, there are many situations in which the father being the primary custodial parent and/ or having sole managing conservatorship serves the child’s best interest. If the mother is abusive, and the father meets the burden of proof demonstrating physical, emotional, and/ or sexual abuse on her part, then a judge will almost certainly award sole custody to the father, in the interest of the child’s welfare. But what about cases in which abuse is not a factor? To get full custody in Texas, whether you are Mom or Dad, you and your Frisco family law lawyer must present a clear and compelling case to the judge justifying your position. Listen to your lawyer, follow their instructions for your behavior and documentation, as well as our tips below. Full custody of a child, as defined by Texas law In Texas, the legal term for “full custody” is “sole managing conservatorship” of a child or children. This is a legal status giving the sole conservator the exclusive right to make decisions for the child, such... --- - Published: 2025-09-11 - Modified: 2025-10-16 - URL: https://www.albinlawgroup.com/blog/what-happens-if-the-non-custodial-parent-misses-visitation-texas/ - Categories: Frequently Asked Questions Missing your scheduled visitation time with your child may have no consequences, or may land you in trouble with the Collin County family law courts. It all depends on the number of times you’ve skipped out on your parenting time and the conditions that caused you to miss it. If you and the other parent have a court-ordered visitation schedule, your possession and access to your child is a legally binding agreement, enforceable by a judge, with legal consequences for missing your time with your child. The primary custodial parent may, if you consistently violate the court order, petition the court to reduce your custody time or eliminate it altogether. If it’s the first time you’ve missed your parents' visitation time, and you have a cordial co-parenting relationship with your ex, you may be able to work out a makeup visitation with them. If you’re having trouble with your child’s other parent missing parenting time or otherwise violating the custody agreement, talk to an experienced Frisco family law lawyer about your legal options. Texas laws regarding violation of a child possession order The Texas Family Code sets a standard possession order intended to ensure that the non-custodial parent gets to spend time with their child regularly, as having a good, consistent relationship with both parents is generally healthier for the child. However, depending on your family situation, you may negotiate a different possession and visitation arrangement. As long as a judge determines it’s in your child’s best interest, it will... --- - Published: 2025-09-11 - Modified: 2025-11-13 - URL: https://www.albinlawgroup.com/blog/how-to-get-custody-of-a-sibling-in-texas/ - Categories: Child Custody When a child’s mother and father cannot provide a safe, stable living environment for a minor child, an older adult sibling may be named as the legal guardian and assume the responsibility of caring for the child. It’s common for family members to step up and care for a child when the child’s biological parents are not in the picture, or if the bio parents pose a danger to the child’s well-being. For you to get custody of a sibling, there are a few steps to take, including proving to the family law court that you can provide a stable and safe environment to raise the child, and that you are raising the child in the child’s best interest. You will have to file a petition with the family law court, and you’ll have to present your case, including supporting evidence, to the judge. An experienced Frisco family law lawyer can help you build the court case and present it to the judge on your behalf. What you need to know before seeking custody of a sibling in Texas Texas lawmakers believe that a healthy parent-child relationship is generally in the best interest of the child, and have written the Texas Family Code to reflect this. However, these laws allow exceptions in situations in which an unstable or unsafe relationship with the parent is negatively affecting the child. For example, if the child is being abused, the child’s parent has a substance abuse issue, or if there are other dangers... --- - Published: 2025-09-04 - Modified: 2025-10-16 - URL: https://www.albinlawgroup.com/blog/what-is-a-rule-11-agreement-in-divorce-in-texas/ - Categories: Frequently Asked Questions Texas Rule 11 agreements, in the case of divorcing spouses in Texas, are legally binding contracts between the two parties covering the division of marital property and shared debts, child custody and visitation, and spousal support. Taken from the Texas Rules of Civil Procedure, Rule 11’s contractual nature makes the divorce settlement agreement legally enforceable by the court, just as any other valid contract would be. A Rule 11 agreement, signed and filed with the Collin County family law courts, benefits spouses in contentious divorces or in cases where one spouse fails to fulfill their obligations stated in the divorce decree. With the power of court enforceability, it’s easier for the aggrieved spouse to get the child or spousal support payments they’re entitled to, or ensure that their child’s other parent complies with the agreed parenting plan. Before you rush into signing a legally binding document, it’s critical to consult with an experienced Frisco family law lawyer to ensure the agreement is in your best interests. What makes a valid Rule 11 agreement? In Texas, for a Rule 11 contract to be legally binding, the agreement must be in writing, signed by both parties, and filed with the court. It’s similar to a settlement agreement you’d find in other civil cases, and can be enforced just as a contract would, with all the rights to damages for a breach of contract. A Rule 11 agreement can be customized to fit the terms of your divorce agreement and can contain conditions... --- - Published: 2025-09-04 - Modified: 2025-11-12 - URL: https://www.albinlawgroup.com/blog/does-infidelity-affect-divorce-in-texas/ - Categories: Divorce Even though Texas offers no-fault grounds for divorce, adultery can still play a role in the divorce proceedings. If the innocent spouse files for divorce first, they can opt for a fault-based divorce, citing infidelity as the reason for the breakdown of the marriage. Whether adultery plays a role in your divorce case depends on whether the divorce was filed as a fault-based divorce. Adultery can affect the division of marital property, as Texas is a community property state. What is true for all couples is that adultery in a Texas divorce adds another layer of complications, time, and expense to ending the marriage. Even if the aggrieved spouse cannot prove adultery, both parties will likely incur additional expenses to establish their position in the matter. If you do want to cite adultery as grounds for divorce in Texas, talk to an experienced Frisco family law lawyer about whether doing so will improve your position. What is adultery? Per Texas law, adultery is defined as voluntary sexual intercourse between a married individual and someone outside the marriage (i. e. , not their spouse). The aggrieved spouse must meet the burden of proof that their spouse engaged in sexual intercourse with another. Evidence such as text messages, photos, or a video, sworn testimony from the other party, and their own eyewitness account (if they witnessed the infidelity) may all be considered by the court. If the spouse citing adultery in the divorce proceedings meets the burden of proof for the judge,... --- - Published: 2025-08-28 - Modified: 2025-10-13 - URL: https://www.albinlawgroup.com/faq/how-does-domestic-violence-affect-divorce-and-custody-cases/ - Categories: Frequently Asked Questions In Texas, domestic violence can have a significant impact on the proceedings of divorce and custody cases. Understanding these impacts can help those involved in such situations make informed decisions about their future and their children’s future. Keep reading to learn more about the impact of domestic violence, then call our Collin County family lawyer at (214) 423-5100. How domestic violence influences divorce proceedings Grounds for divorce Texas allows for both no-fault and fault-based divorces. When domestic violence is involved, the victim can file for a fault-based divorce under the grounds of cruelty or domestic violence which can have a profound effect on the outcome of the divorce, especially concerning the division of marital assets and debt, possession/access . Division of property If domestic violence is proven, the courts may award a disappropriate share skew the division of the community estate. This is because the courts recognize the need to provide more support to the victim who might have suffered both emotionally and financially due to the abuse. Spousal maintenance Domestic violence can be a crucial factor in decisions regarding spousal maintenance. Texas law stipulates that a spouse may be eligible for spousal maintenance if the marriage lasted at least 10 years or the spouse was convicted of family violence against the other spouse or their children. How domestic violence affects custody and visitation Best interest of the child In Texas, the child’s best interest is the paramount consideration in custody and visitation cases. Courts will assess the impact of... --- - Published: 2025-08-21 - Modified: 2025-10-13 - URL: https://www.albinlawgroup.com/blog/how-to-financially-prepare-for-divorce/ - Categories: Divorce Preparing financially for divorce is crucial for protecting your interests and ensuring a smoother transition to post-divorce life. At Albin Oldner Law, we understand the complexities of this process and are dedicated to guiding you through each step with expertise and care. Call (214) 423-5100 for compassionate assistance from our skilled Collin County divorce lawyers. Assess your financial situation Gather financial documents Start by compiling all your financial documents. This includes bank statements, credit card statements, tax returns, investment accounts, retirement accounts, and other financial assets. Also, gather information about debts such as mortgages, car loans, and other liabilities. Create an inventory of assets and liabilities List all your assets and their current value, along with any debts. This inventory will be crucial for understanding what you own, what you owe, and what needs to be divided during the divorce proceedings. Understand your expenses Track current expenses Keep a detailed record of your monthly expenses. This includes groceries, housing costs, utilities, insurance, healthcare, transportation, child care, and other recurring expenses. Forecast post-divorce expenses One of the most important steps in financial planning for divorce is anticipating how your income and expenses will change once the divorce is finalized. Consider the potential expenses of moving to a new home, paying rent or a mortgage on your own, setting up new individual accounts, and covering utilities without shared contributions. You may also need to purchase furniture, appliances, and other household items to replace those that were shared during the marriage. Don’t forget... --- - Published: 2025-08-15 - Modified: 2025-10-13 - URL: https://www.albinlawgroup.com/faqs/can-you-withhold-visitation-for-unpaid-child-support/ - Categories: Frequently Asked Questions Child support and visitation rights can be deeply stressful issues, especially when financial support from your ex-partner is overdue. At Albin Oldner Law, we understand how emotionally charged these moments can be, as they touch directly on the well-being and stability of your family. Many clients come to us with the question: Can you withhold visitation for unpaid child support? This is a critical issue, and it’s important to approach it with a clear understanding of Texas law and a focus on what’s best for your child. Keep reading for more from our compassionate Frisco child support attorneys, then call (214) 423-5100 to schedule your consultation today. Can you withhold visitation for unpaid child support? In Texas, the law considers child support and visitation rights separate issues. According to the Texas Family Code, a parent cannot withhold visitation rights due to unpaid child support. The rationale is that payment disputes should not compromise a child’s right to have access to both parents. Therefore, withholding visitation as a form of retaliation against a parent who is behind on child support is not permitted and can lead to legal consequences. Understanding the separation of child support and visitation Recognizing that visitation rights are not contingent upon child support payments is crucial. The court views both parents’ emotional and physical presence as beneficial to the child’s development, regardless of financial situation. Addressing unpaid child support If your ex-partner is not fulfilling their child support obligations, the appropriate action is not to restrict access... --- - Published: 2025-08-12 - Modified: 2025-10-06 - URL: https://www.albinlawgroup.com/blog/what-are-the-grounds-for-filing-for-divorce-in-texas/ - Categories: Divorce In the state of Texas, the majority of divorces are no-fault divorces. This means that the court will grant a divorce without the need for one party to prove fault. If you do not want to get divorced, but your spouse does, there is often little you can do to stop it. The best thing you can do is to hire an experienced Collin County divorce attorney. Your divorce attorney will protect your rights and ensure that the divorce and settlement work out in your favor.   Even so, Texas does recognize certain grounds for divorce. We explain these below. 1. Insupportability or Irreconcilable Differences Under the Texas Family Code, insupportability is one of the most common grounds cited when couples choose to file for divorce in the state of Texas. This is considered a no-fault ground for divorce, meaning neither spouse is legally blamed for the breakdown of the marriage. Instead, the court may grant a divorce when there is a conflict of personalities that prevents any reasonable expectation of reconciliation. In these cases, the decision is not based on misconduct, but rather on the reality that the relationship has reached a point where the spouses can no longer live together as a married couple. Even though Texas is a no-fault state, it’s still important to understand that fault grounds for divorce—such as adultery or cruelty—are separate and can influence outcomes like child support, property division, or spousal maintenance. 2. Living Apart When a couple has lived apart for... --- - Published: 2025-08-08 - Modified: 2025-10-06 - URL: https://www.albinlawgroup.com/blog/5-tips-for-protecting-your-privacy-during-divorce-2/ - Categories: Divorce Most people wish to keep their divorce under wraps so they can focus on moving forward. The attorneys at Albin Oldner Law, PLLC help protect your privacy by remaining dedicated to discretion. Let’s dive into some tips to help you keep your divorce as private as possible. If you need personalized, tailored advice for your divorce, or need a legal advocate on your site, our Frisco divorce lawyers can be with you every step of the way.   1. Avoid social media In the digital age, what you share online can significantly impact your divorce proceedings—especially when it comes to social media activity.   Whether it's a casual comment, a photo, or a shared article, anything you post online can be misinterpreted or used against you in court. Even seemingly harmless social media posts can influence sensitive issues like child custody, property division, or even your credibility in front of a judge. To protect your personal information and reduce unnecessary risks, it's wise to avoid posting on your social media accounts altogether while the divorce is ongoing. Creating a hostile or emotional post about your spouse, for example, can escalate conflict and potentially backfire in court. You should also be aware that some divorce attorneys and investigators actively monitor social media accounts for evidence that may be used during litigation. Take proactive steps to secure your online accounts. At a minimum, update your privacy settings to restrict public access and prevent unwanted viewers. Be sure to change passwords—especially if you... --- - Published: 2025-08-05 - Modified: 2025-10-06 - URL: https://www.albinlawgroup.com/faqs/whats-the-punishment-for-contempt-of-court-in-family-law/ - Categories: Frequently Asked Questions At Albin Oldner Law, we recognize that family law issues can be daunting, especially when they involve potential legal consequences like contempt of court. Whether you’re facing challenges with compliance or considering enforcement actions against another party, understanding the implications and possible punishments for contempt in family court is crucial. Our highly competent attorneys are here to guide you through these complexities with empathy and expertise. Let’s explore what contempt of court means in family law and how it can impact your case. For further questions, please call our Collin County family law attorneys at (214) 423-5100. What constitutes contempt of court in family law? In Texas family law cases, contempt occurs when a party fails to comply with legally issued court orders, often relating to matters such as child support, custody, visitation, or alimony. Contempt of court can take two primary forms: civil contempt and criminal contempt. Civil contempt is typically used to compel compliance with a court’s directive—for example, pressuring a parent to make overdue child support payments. Criminal contempt, on the other hand, is punitive and may result in jail time or fines as punishment for contempt. When a party seeking enforcement files a motion, contempt proceedings are initiated. During these proceedings, Texas courts will determine whether the failure to comply was willful. If the court finds that the violation was intentional, the non-compliant party may be held in contempt, facing consequences that may include incarceration, fines, community supervision, or additional orders to ensure future compliance. The... --- - Published: 2025-06-26 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/blog/are-gifts-included-in-divorce-settlements/ - Categories: Divorce Dividing assets in a divorce is often one of the most contentious parts of the process, even in otherwise amicable situations. This conflict is often more significant regarding gifted property, whether from one spouse to another or from an outside individual to one spouse. The Collin County divorce attorneys at Albin Oldner Law can help you understand your rights and protect the property that should remain yours. You must determine whether the gift is individual or marital property Texas follows community property laws, which generally mean that most assets acquired during the marriage are jointly owned and subject to equitable distribution in a divorce. While many people assume this results in a 50/50 split, the court’s actual goal is an equitable, “just and right” equitable division that helps both spouses maintain financial stability after the divorce. When dividing property, courts classify all assets and debts as either community or separate property.   Community property usually includes income earned, property purchased, or debt acquired during the marriage, as defined in Texas Family Code § 3. 101.   Separate property refers to assets owned before the marriage or received in specific ways during the marriage, some of which may not be subject to division. Gifts are an exception to marital property standards One of the most common exceptions to how property acquired during a marriage is treated under Texas community property laws involves gifts. Under the Texas Family Code, property received through a gift, inheritance (devise), or descent is generally classified as... --- - Published: 2025-06-12 - Modified: 2026-02-18 - URL: https://www.albinlawgroup.com/blog/who-pays-for-a-divorce/ - Categories: Divorce When discussing who is responsible for paying for a divorce, this typically refers to legal fees. Working with experienced Collin County divorce attorneys can make the difference between walking away with a fair share of what you’re entitled to or facing an unfair outcome. You may want to know if you will be responsible for paying just your fees, both, or neither. Generally speaking, each party is responsible for its own legal fees. However, there are a few considerations regarding how this may look.   How does a no-fault or at-fault divorce affect who may pay? Texas is considered a ‘no-fault’ state in terms of divorce, which simply means that you may request a divorce because the marriage is irretrievably broken. When you file on the grounds of ‘no-fault’, this often puts you and your spouse on a level playing field in terms of marital behavior, often meaning you will cover your own costs.   If you have evidence that your spouse has behaved in a way that betrays your marriage, you may qualify for an ‘at-fault’ divorce. This means you are requesting divorce on the grounds of your spouse’s infidelity, abandonment, or cruel treatment.   Establishing divorce fault doesn’t automatically mean your spouse will award legal fees. However, Texas judges may consider fault when dividing marital property or awarding fees, especially if your spouse’s conduct caused financial harm, like spending marital funds on an affair. For example, if they spent large sums of money on hotel rooms or gifts... --- - Published: 2025-06-05 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/faqs/can-someone-refuse-to-sign-divorce-papers/ - Categories: Frequently Asked Questions Yes, your spouse can refuse to sign the divorce papers, but refusing to sign the initial acknowledgment of the petition or a final divorce decree doesn’t stop the divorce process. These situations may call for a default divorce, which your Collin County divorce attorneys may recommend if your spouse refuses to cooperate. Texas divorce laws permit a no-fault divorce, meaning one spouse can file a petition for divorce without citing specific grounds. So, what happens if one spouse fails to sign the divorce papers? There are a few scenarios that may occur; what happens in your situation will likely depend on why your spouse refused to sign. What if my spouse refused to respond to the divorce petition? To get divorced you must file a petition with the Collin County court. The first step should be to consult with a reputable divorce attorney, who can draft and file your petition to make sure it addresses all the necessary information to be presented before the court. You are the petitioner in court documents, and your spouse is the respondent. In Texas, the respondent must file an answer by 10:00 a. m. on the Monday following 20 days after being served, even if the 20th day falls on a weekend or holiday Failure to file an answer to papers served on you, including divorce papers, means that you default on the matter and lose the chance to present your side.   If your spouse defaults, your attorney can file a motion for... --- - Published: 2025-05-30 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/blog/how-is-division-of-property-handled-divorce-texas/ - Categories: Divorce Dividing property during a divorce can be one of the most stressful parts of ending a marriage. Who gets the house? What happens to the retirement accounts? Can one spouse keep a business they started? These are all common concerns we hear from clients. At Albin Oldner Law, our Collin County divorce attorneys help people understand how Texas law applies to their unique situation—and how to protect what matters most. Whether you're already in the divorce process or just starting to explore your options, understanding how property division works in Texas is essential. Texas is a community property state Texas follows the community property system of dividing assets in a divorce. This means that most property acquired during the marriage is considered community propertyand is subject to division. But this doesn’t mean everything is split 50/50. The law requires a “just and right” division, which means the court looks at fairness—not necessarily equality—when dividing property. What is considered community property? Community property includes most assets and debts acquired by either spouse during the marriage, such as: Income earned by either spouse Homes, vehicles, or other property bought during the marriage Retirement accounts and pensions earned during the marriage Debts like mortgages, credit card balances, or personal loans Even if only one spouse’s name is on the title or account, it’s likely still community property if it was acquired during the marriage. What is considered separate property? Separate property belongs solely to one spouse and is not subject to division in... --- - Published: 2025-05-23 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/blog/what-constitutes-texas-no-fault-divorce/ - Categories: Divorce Divorce can be a complicated and emotional process—but not every case involves a major scandal or a long list of grievances. In Texas, many couples choose to file for what’s called a no-fault divorce, which allows them to end the marriage without pointing fingers or proving wrongdoing. As experienced Collin County divorce attorneys, we’ve helped many clients navigate this process as smoothly as possible. Whether you’re considering filing or are already in the middle of a divorce, here’s what you need to know about no-fault divorce in Texas. What exactly is a no-fault divorce? A no-fault divorce means that the person filing does not have to prove that the other spouse did something wrong—like adultery or abuse—to justify the divorce. Instead, the couple can claim that the marriage has become “insupportable” due to conflict or discord that can’t be resolved. This is Texas’s legal term for irreconcilable differences. Grounds for no-fault Divorce in Texas Texas law allows several grounds for divorce, but “insupportability” is the most commonly used and is considered the primary no-fault ground. According to the Texas Family Code: “The court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict... that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. ” In plain terms, it means the marriage just isn’t working anymore—and there’s no realistic chance of fixing it. How does it differ from a fault-based divorce? In a fault-based divorce, one... --- - Published: 2025-05-22 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/faqs/should-i-sign-a-prenuptial-agreement/ - Categories: Frequently Asked Questions Considering a prenuptial agreement (commonly called a “prenup”) before saying “I do” can feel awkward. But in Texas—especially for couples with assets, children from prior relationships, or business interests—a prenup is more than a backup plan. It’s a proactive legal tool designed to protect both parties and create clarity in case life doesn’t go as planned. At Albin Oldner Law, our Collin County family lawyers have decades of experience helping couples draft fair, legally sound prenuptial agreements tailored to their unique situations. Below, we’ll walk you through when and why you might consider a prenup—and how Texas law views them. What is a prenuptial agreement? A prenuptial agreement is a legally binding contract signed by two people before they marry. Under the Texas Family Code § 4. 001–4. 010, a prenup can define how property, debts, and other financial matters will be handled during the marriage or divided in the event of divorce or death. A valid prenup in Texas must: Be in writing Be voluntarily signed by both parties Include full disclosure of assets and liabilities Not violate public policy (e. g. , cannot dictate child support or custody) Be fair and reasonable at the time of signing and enforcement Should I sign a prenup? That depends on your goals, finances, and comfort with legal planning. Here are some common reasons our clients at Albin Oldner Law choose to sign a prenup. 1. You have significant premarital assets. If you’re entering marriage with savings, a home, retirement accounts, or... --- - Published: 2025-05-16 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/blog/what-is-behind-the-rise-of-gray-divorce-in-texas/ - Categories: Divorce Over the past two decades, the rate of divorce among adults aged 50 and older has steadily increased. This trend, often referred to as “gray divorce,” is reshaping the way older couples approach retirement, asset management, and estate planning. At Albin Oldner Law, our Frisco divorce attorneys have helped many clients navigate the unique challenges that come with divorce later in life. Whether you’ve been married for decades or are in a second or third marriage, understanding the factors driving this shift—and how Texas law affects your rights—is key to making informed decisions about your future. What is a gray divorce? A gray divorce refers to the dissolution of a marriage between spouses over the age of 50. In many cases, these couples have been together for 20, 30, or even 40 years. While divorce at any age is emotionally and financially complex, gray divorces often involve added complications related to retirement, healthcare, estate planning, and adult children. According to research from the Pew Research Center, the divorce rate for U. S. adults aged 50+ has nearly doubled since the 1990s. In Collin County and the greater North Texas area, our Frisco-based family law team has seen this reflected in a growing number of older clients seeking new beginnings. What makes gray divorce different? While every divorce is unique, gray divorces often involve distinct legal and financial issues, including the following. Retirement account division Retirement savings—such as 401(k)s, IRAs, pensions, and annuities—are often the largest marital assets. In Texas, retirement... --- - Published: 2025-05-15 - Modified: 2025-05-15 - URL: https://www.albinlawgroup.com/blog/what-to-bring-to-a-child-custody-consultation/ - Categories: Child Custody Your guide for what to bring to a child custody consultation You can help your child custody lawyers help you by being fully transparent about your relationship with your child, their other parent, and the details of your life. Our Frisco family law attorneys explain what you should bring to your consultation and how to prepare beforehand to make the most out of your time. Legal documents and court orders Gather all legal documents pertaining to your matter. If you've recently filed for divorce or been served with papers, bring that; if you're seeking a modification of an existing custody order, bring a copy of that, along with notes about why you want a change. Other relevant documents include a copy of your divorce decree, restraining orders, and any temporary orders issued by a judge. If you're just beginning the child custody case, and there's no formal order yet, bring any informal agreements or written communications between you and the other parent that mention custody, visitation, or parental responsibilities. This could include emails or screenshots of text messages. If you use a co-parenting app, all communications should be saved, but you may need to give your new attorney access to the app. Your list of questions Make a list of questions beforehand so you don't forget to ask about critical legal issues. Here's a cheat sheet of good questions: How does the court decide what's in the child's best interest? What are the pros and cons of joint conservatorship? How... --- - Published: 2025-05-15 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/faqs/how-do-you-adopt-a-stepchild-in-texas/ - Categories: Frequently Asked Questions At Albin Oldner Law, one of the most rewarding aspects of our Collin County family law practice is guiding stepparents through the legal process of adopting a stepchild. Stepchild adoption can formally recognize the emotional bonds already present in a blended family and provide legal stability and rights that benefit both the child and the stepparent. If you’re considering this meaningful step, here’s what you need to know about how to adopt a stepchild in Texas, as explained by our skilled Collin County family lawyers. 1. Confirm eligibility for stepchild adoption In Texas, a stepparent must meet certain criteria to adopt their spouse’s child. Most importantly: The stepparent must be married to one of the child’s biological or legal parents. The child must be under 18 (unless they are disabled or otherwise dependent). If the child is 12 or older, they must give written consent to the adoption. Adoption legally terminates the parental rights of the other biological parent, so you must either obtain voluntary consent from that parent or prove that termination is legally justified under Texas law. 2. Terminate the other parent’s parental rights In most stepchild adoption cases, the non-custodial parent’s rights must be legally terminated before the adoption can proceed. This can happen in one of two ways: Voluntary termination The other parent agrees to terminate their parental rights by signing an affidavit of relinquishment. This happens when the parent is absent from the child’s life or recognizes that the stepparent can provide better stability. Involuntary... --- - Published: 2025-05-09 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/blog/your-complete-divorce-mediation-checklist/ - Categories: Divorce When you’re facing divorce in Frisco, Texas, choosing mediation can be a strategic, cost-effective, and private way to resolve the most personal aspects of your separation—property division, parenting time, and spousal support. But walking into mediation unprepared can result in frustration, delays, or missed opportunities to protect your interests. At Albin Oldner Law, our experienced Frisco divorce lawyers regularly help clients through the Texas divorce mediation process. This guide offers a complete checklist of what to know, what to bring, and how to prepare, so you can confidently navigate your mediation session. What is divorce mediation in Texas? Mediation is an alternative dispute resolution process where a neutral third party (the mediator) facilitates negotiation between spouses. It’s not therapy or legal representation—it’s a structured process to help both parties reach a voluntary agreement. In Collin County and Denton County, mediation is commonly court-ordered in contested divorces, especially those involving children. According to Texas Family Code § 6. 602, a mediated settlement agreement (MSA) is binding and enforceable if it meets certain requirements—such as being signed by both parties and their attorneys. Texas divorce mediation checklist Whether you’ve been ordered to mediate or are choosing it voluntarily, the checklist below will help you get organized and informed before the big day. 1. Gather and organize essential financial documents Full financial disclosure is critical for productive mediation. Bring copies of all documentation related to your income, expenses, assets, and debts. What to bring: Tax returns (last 2–3 years) Recent pay stubs or... --- - Published: 2025-05-06 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/faqs/are-divorces-public-record-in-texas/ - Categories: Frequently Asked Questions The short answer is yes—divorce records are public in Texas. However, there are important nuances to understand, and there are steps you can take to protect your privacy. Keep reading for more from our Frisco divorce lawyers. What does it mean that divorce records are public in Texas? Under Texas law, most court proceedings, including divorce, are part of the public record. This means that unless a judge has sealed specific documents, divorce filings, motions, orders, and final decrees are accessible to the public. According to the Texas Public Information Act and guidelines established under the Texas Government Code §552, anyone can request access to court records, including those related to divorce proceedings, unless a court has issued an order to restrict access. Divorce records may include: The original divorce petition Counter-petitions Child custody arrangements Property division agreements Spousal support or alimony determinations The final divorce decree These documents are generally filed with the district clerk of the county where the divorce was filed (for example, Collin County or Denton County if you're in North Texas). How can I access divorce records in Texas? If you want to access a divorce record, you can do so by: Visiting the district clerk’s office in the county where the divorce was filed Using the online search tools many counties provide Submitting a formal public records request Some counties allow you to access basic case information online, but you may need to visit the clerk’s office in person or make a written request... --- - Published: 2025-04-24 - Modified: 2025-07-11 - URL: https://www.albinlawgroup.com/faqs/can-couple-use-same-divorce-lawyer/ - Categories: Frequently Asked Questions The short answer? No. Divorcing couples are not permitted to use the same divorce attorney. In fact, divorce lawyers are prohibited by Texas law from representing both spouses in a divorce. Having two clients on opposite sides of the same matter creates conflicts of interest, as the legal advice of an attorney may be directly against the best interest of the other spouse. Even in cases of an uncontested divorce, Texas attorneys are still ethically prohibited from representing both parties. And even if they weren’t, would you really want to have the same lawyer as your spouse? The decisions made in your divorce negotiations and by your family law judge are binding and often affect the rest of your life. You deserve to be represented by Frisco divorce attorneys who have only your best interests in mind. Why having individual legal representation in divorce matters If you’re able to work out a compromise with your spouse on critical issues like child possession and visitation, child and spousal support, and division of assets and debts, you may rightly wonder why you can’t share the same lawyer. However, even if you believe that you and your spouse agree on everything, there may be some important details you overlooked or didn’t know you needed to resolve. Separate representation benefits you both for several reasons: Conflict resolution You may not realize that you and your spouse have a conflict of interest until you start ironing out the details of the divorce settlement. A single... --- - Published: 2025-04-22 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/blog/does-child-support-count-as-income/ - Categories: Child Support Child support factors into the financial decision-making for many people. Whether you are the custodial parent receiving child support or the parent paying child support, understanding when and how child support may be considered income is critical when it comes to taxation, government support programs, and other financial planning measures. Every situation is different. Consulting a Collin County family law lawyer is your best bet for understanding your unique situation—but we can help you understand the guidelines. Does child support count as income? When and how it may Child support is not be considered income to the person receiving the child support payment. There are several common scenarios that arise for families who receive child support, and the non-custodial parent’s child support obligation. Child support and federal income taxes The Internal Revenue Service (IRS) does not consider child support payments received as income for tax purposes. So, you do not have to claim payments you receive from your child’s other parent as taxable income. This can make a considerable difference for parents who may depend on a tax return for large purchases or who are on the cusp of moving into a higher tax bracket. If you’re the paying parent, though, you may not be so fortunate. The IRS does not permit you to deduct child support on your tax return.   Child support and eligibility for the earned income credit Per the IRS, child support isn’t calculated as income when applying for the Earned Income Tax Credit (EITC). This... --- - Published: 2025-04-17 - Modified: 2025-05-06 - URL: https://www.albinlawgroup.com/blog/when-is-divorce-mediation-not-recommended/ - Categories: Divorce We often recommend trying to work out your divorce settlement through alternative dispute resolution methods, like mediation, supported by our attorneys. Mediation gives you more control over the outcome of the process and usually saves you a lot of time and money. However, there are some situations in which our Frisco divorce attorneys believe divorce mediation may be ineffective. Let’s explore a few common scenarios in which mediation is not the best option for a positive divorce outcome. Avoid mediation if you are in a domestic violence situation If your spouse has a history of domestic violence or abuse, mediation can actually be detrimental to the divorce process and damaging to your well-being. Abusers are manipulative and may use the less-formal setting of mediation sessions to intimidate you, delay the divorce proceedings, or gain knowledge about your whereabouts to stalk or harass you. Abusive relationships have a distinct power imbalance, which does not lend itself to the collaborative nature of mediation. As the abused party, you may be unsure how to advocate for yourself and negotiate a fair solution, even with the support of your divorce lawyer, which can make the mediation session ineffective. Mediation may be ineffective if one party has mental health or addiction issues If one party is struggling with substance abuse and addiction, they may be unable to participate in good-faith negotiations. Negotiations for a divorce settlement may have to take a backseat to the addicted spouse’s participation in rehabilitation or therapy. Likewise, other serious mental... --- - Published: 2025-04-14 - Modified: 2025-05-12 - URL: https://www.albinlawgroup.com/blog/does-it-matter-who-files-for-divorce-first/ - Categories: Divorce, Uncategorized Filing for divorce before your spouse does may give you a few advantages in the divorce process. However, this could leave your spouse on the defensive; they have only 20 days to file a response to your petition. That being said, simply filing your petition for divorce first doesn't mean that you'll "win" everything you want in the settlement. In fact, there are both pros and cons to filing first, so it's important to weigh them and seek advice from experienced Frisco divorce attorneys before making your move. Initiating a divorce in Texas The divorce process begins when one spouse files an Original Petition For Divorce with the county clerk's office in the county they reside in (in Frisco, this would be either Collin County or Denton County). This spouse becomes the Petitioner, and the other the Respondent. Once the petition is filed, the case is assigned a number and a judge. As the Petitioner, you have the option to give the divorce papers to your spouse directly or hire a process server to deliver them. If you're in a domestic violence or abuse situation, filing first and having your spouse served can protect you by creating distance. Potential benefits to being the Petitioner Each divorce case is different, so you may need to decide if these benefits for filing first benefit your situation: You can choose the venue: If you and your spouse have already separated and live in different counties (or states), you can benefit from filing where... --- - Published: 2025-04-11 - Modified: 2025-04-15 - URL: https://www.albinlawgroup.com/blog/how-to-prepare-for-divorce-as-a-stay-at-home-mom/ - Categories: Divorce Divorcing as a stay-at-home mom presents unique challenges, particularly when it comes to financial stability and re-entering the workforce. Many women in this situation have spent years or even decades out of the job market, making the prospect of supporting themselves and their children overwhelming. At Albin Oldner Law, PLLC, our Frisco divorce attorneys can help stay-at-home moms navigate divorce by trying to secure spousal support and child support agreements, ensuring financial security while they rebuild their careers. While the legal process unfolds, there are key steps to take to prepare for life post-divorce, including financial planning, updating skills, and exploring employment options. Our team provides strategic legal support to help you transition with confidence and security. Step 1: Options for saving money in your divorce A divorce can easily cost thousands of dollars, sometimes tens of thousands of dollars, if many matters (like spousal supportand child custody) are contested. If you and your spouse cannot agree on a division of assets, the right child custody schedule, and whether you deserve spousal support, then you’ll likely end up taking multiple trips to court. You may not have the means to fight a protracted legal battle and feel forced into a bad divorce settlement simply because you’ve run out of money. There are some less-expensive divorce alternatives, though, such as going through mediation instead of court or working through a collaborative divorce with your spouse. Step 2: Evaluate your household finances Many stay-at-home moms handle the family budget, but not all.... --- - Published: 2025-04-10 - Modified: 2025-05-12 - URL: https://www.albinlawgroup.com/blog/what-can-be-used-against-you-in-a-custody-battle/ - Categories: Child Custody, Uncategorized What can potentially be used against you in a custody battle? Few things are as disruptive in a child's life as a contentious custody battle between their parents. We understand that when you're in the middle of a bitter divorce or prolonged child custody proceedings you have a very real worry about the outcome of the court's decision. Collin County family law judges make custody decisions based on the child's best interests, with an eye toward giving each parent as much parenting time and access as possible to facilitate the child's relationship with both parents. A skilled Frisco family lawyer can help you from making common mistakes that could derail your custody fight, like bad-mouthing the other parent. While each case is different, there are several mistakes that many parents make that negatively impact their custody case. Factors that impact a judge's decision in Frisco child custody cases Joint conservatorship is the most common custody arrangement, usually the Texas default schedule of 1st, 3rd, and 5th weekend and at least one weeknight during the school year with the non-primary custodial parent. However, a judge may consider other things, such as the child's safety and each parent's ability to provide adequate supervision and guidance. Often, what you believe is your child's best interest, what the other parent thinks is in your child's best interest, and what a judge may rule is best for the child's welfare are often quite different. For the best chance of securing your ideal custody schedule, it's... --- - Published: 2025-04-04 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/blog/does-texas-have-grandparents-rights/ - Categories: Family Law The relationship between grandparent and grandchild is a precious one. Spoiling grandkids, guiding them as they grow, and being an active part of raising the new generation is something that many grandparents treasure. Being a grandparent isn’t just fun and playtime, though. According to the U. S. Census Bureau, approximately 6. 7 million grandparents live with their grandchildren; out of those, 33% of grandparents living with their grandchildren are responsible for the care. Grandparents often have a very vested interest in the development and care of their grandchild, and when they must step into a parental role, they rightfully expect to have a legal say in their grandchild’s life. If you’re a grandparent who doesn’t get to see your grandchildren as much as you would wish, or if you feel it’s right to step in and take custody of your grandchild, you may rightly wonder what your options are. Does Texas have grandparental rights? In some rare cases, grandparents can exert their right to visitation, but the criteria are strict, and it’s very difficult without an attorney. Our Collin County family lawyers can help you understand your legal options and represent you in initiating legal action to assert them. Grandparents’ rights to visitation in Texas Maybe you don’t want full custody of your grandchild or even partial custody. Perhaps you’re not seeing your grandchildren as much as you once did, and you want more visitation. It’s common in cases where a couple divorces for the parents of the spouse who... --- - Published: 2025-03-21 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/blog/can-a-custodial-parent-deny-visitation/ - Categories: Family Law Texas family law recognizes both strict enforcement of visitation rights and critical exceptions for child safety. While courts generally mandate adherence to custody orders, they also prioritize children's well-being. In Texas, parents can potentially deny visitation, if they file a Temporary Restraining Order with the Court that is granted, alleging the followingc circumstances: The child's physical or emotional safety is directly threatened There is clear evidence of potential harm Specific court-approved safety conditions exist Violating a custody order without legal justification can result in significant legal consequences. Consulting with a Collin County family lawyer is crucial before taking any action that might interrupt court-ordered visitation. When can a custodial parent deny visitation? Texas child custody laws are written to protect a child’s best interest and preserve the relationship between parents. If you and your child’s other parent have had a contentious divorce or nasty split, it can be very hard to see them as good parents, capable of protecting your child and raising them the way you believe is right. However, you cannot legally deny their scheduled visitation unless there is a Court order telling you to do so. An attorney can help you here. If you notice signs of neglect or abuse when your child returns home from visiting with their other parent, then you must take appropriate action to protect your child, including calling Child Protective Services. Your lawyer can help you collect sufficient evidence to support your petition to suspend visitation and represent your interests in court.... --- - Published: 2025-03-14 - Modified: 2025-04-15 - URL: https://www.albinlawgroup.com/blog/is-texas-a-no-fault-state-for-divorce/ - Categories: Divorce Some divorcing couples may have a specific fault-based reason for their split, including adultery or a felony conviction. However, for most couples, their split may simply be because they are no longer compatible or desirous of a relationship with their spouse. Fortunately, the Texas Family Code, the body of laws that governs marriage, divorce, and divorce settlement issues like child custody and alimony, permits both fault- and non-fault-based divorces. When filing for divorce, you have several options. The one you select may impact your divorce settlement and your future. Our Frisco divorce attorneys can help you understand whether a fault-based divorce is right for your situation. Texas is a no-fault divorce state, with fault-based options Although Texas permits fault-based divorces, it’s generally a no-fault state for divorce. The grounds for divorce are broader than in states where you must list a fault or cause for the divorce. Most divorcing couples opt for the no-fault-based divorce, as the process can be completed faster, with fewer legal requirements to be met. No-fault divorce requirements The spouse filing for a no-fault divorce does not need to prove any wrongdoing on the part of their spouse, nor do they have to prove that their spouse is the one responsible for the breakdown of the marriage. Simply listing that the marriage is unsustainable is sufficient. There are actually three “no-fault grounds” for divorce: Irreconcilable differences Confinement to a mental hospital for a duration of at least three years Living apart without cohabitation for at least... --- - Published: 2025-03-07 - Modified: 2026-02-18 - URL: https://www.albinlawgroup.com/blog/legal-and-financial-considerations-of-divorce-and-retirement/ - Categories: Divorce When divorce intersects with the golden years of retirement, the stakes are particularly high. In Texas, retirement assets accrued during the marriage, such as 401(k)s, IRAs, and pensions, are considered community property and subject to division upon divorce. It's crucial for divorcing spouses to understand Texas's equitable division laws to ensure a fair settlement. Proper legal guidance from our skilled Frisco divorce attorneys can help identify which assets are subject to division and how they can be divided to safeguard your financial future. Maximizing your retirement assets during divorce Understanding the specifics of dividing retirement assets is paramount. Each type of retirement plan—from defined benefit pensions to defined contribution plans like 401(k)s—requires a tailored approach during divorce proceedings. Using Qualified Domestic Relations Orders (QDROs) is often necessary to divide these plans properly. A QDRO ensures that each party receives their rightful share of the benefits without triggering early withdrawal penalties or unnecessary tax consequences, preserving the value of these critical retirement resources. Social Security and divorce: What you need to know Divorce can significantly impact your entitlement to Social Security benefits. If you were married for ten years or more, you might be eligible for a portion of your ex-spouse’s Social Security benefits upon retirement age. Understanding these rules is essential for planning your financial security in retirement, as these benefits do not reduce the amount your ex-spouse receives and can provide an essential income stream in later years. Alimony, spousal support, and retirement In Texas, alimony and spousal support... --- - Published: 2025-03-06 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/faqs/can-i-relocate-with-my-child-if-i-have-joint-custody/ - Categories: Frequently Asked Questions Usually, if a parent has the right to designate the child’s primary residence and the parent wants to move far enough away that it would impact a custody arrangement, they’ll need approval from the child’s other parent or the court. Texas family law courts understand that life changes, and people may need to move, so they establish certain means for them to do so. If you want to move with your child, or if you’re worried about the other parent taking your child far away, it’s important to know your rights as a legal guardian of your child and enlist legal support from an experienced Collin County family lawyer. What Texas child custody law says about child relocation In Texas, child custody decisions are based on the best interests of the child, as determined by the court. When a parent seeks to modify a custody order to relocate with their child, the court carefully evaluates how the move will affect the child’s well-being. Key factors considered include: Educational opportunities available in the new location. The child’s existing relationship with both parents. Connections to family and friends in the current and proposed locations. The potential impact on the child's relationship with the non-relocating parent. The job opportunities for the parent and how that will impact the child’s standard of living. If both parents agree to the relocation and custody modification, an attorney can draft and submit the agreement to the court for approval. However, if the move is contested—particularly in cases... --- - Published: 2025-03-04 - Modified: 2025-05-07 - URL: https://www.albinlawgroup.com/faqs/what-is-a-counter-petition-for-divorce-in-texas/ - Categories: Frequently Asked Questions When you receive unexpected divorce papers, it might feel overwhelming, especially if it seems like your spouse is fully prepared. In Texas, one option to consider is filing a counter-petition for divorce, which you might not be aware of. A counter-petition allows you to assert your interests more effectively in child support, asset division, and alimony. While this can significantly strengthen your position, if not handled correctly, it can also complicate matters. Therefore, it is crucial to consult with a Frisco divorce attorney about properly filing a counter-petition. Why should I file a counter-petition? A counter-petition is a proactive response to divorce filings. Your spouse’s divorce petition likely lists what they want in the divorce settlement, like sole managing conservatorship of the children. You believe that joint managing conservatorship would be better. Or, maybe you want to make your requests for the division of assets and debts known. A counter-petition formally presents your requests to the judge. Without a counter-petition, your only option is to answer your spouse’s. Even if your spouse withdraws their petition, your counter-petition remains active, which can benefit you if they decide to re-file. Your counter-petition can also hamper your spouse’s attempts to manipulate the timeline to gain an advantage. Depending on your situation, keeping your divorce counter-petition active can help clarify the length of your relationship regarding asset and debt division. A counter-petition may be particularly advantageous if you are a high-net-worth couple (with more than $1 million in income and assets). You can set... --- - Published: 2025-02-28 - Modified: 2025-03-12 - URL: https://www.albinlawgroup.com/blog/everything-you-need-to-know-about-divorcing-a-narcissist/ - Categories: Divorce Divorcing a spouse with narcissistic traits can be a uniquely challenging and complex process. At Albin Oldner Law, our Frisco divorce attorneys understand the intricacies involved and provide the strategic guidance you need to navigate this difficult journey. Here's an in-depth guide on what you need to know when divorcing a narcissist, tailored to help you manage expectations and protect your interests. Your legal rights and protections when divorcing a narcissist When facing a divorce with a narcissistic partner, it's crucial to understand your legal rights and the protections available to you. Texas law allows for protective measures such as restraining orders if there's a threat of harm, and temporary orders to secure financial stability and custody arrangements early in the divorce process. If financial manipulation is a concern, your attorney can help you seek court interventions to freeze assets or require detailed financial disclosures to prevent dissipation of marital assets. Resources:Financial resources and help when you are divorcing with a low income - Texas Law HelpCoerced debt toolkit - Texas Appleseed How to divorce a narcissist Initiating a divorce from a narcissist requires careful planning and a clear strategy. Begin by securing a knowledgeable attorney who understands the nature of narcissistic behavior. It's crucial to gather all important documents and secure your finances before making your intentions known, as narcissists often react negatively to perceived threats to their control. How to tell a narcissist you want a divorce Telling a narcissist you want a divorce should be done strategically.... --- - Published: 2025-02-24 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/blog/what-cps-can-and-cannot-do-in-texas/ - Categories: Child Custody As family law attorneys, we handle a lot of matters concerning Texas Child Protective Services (CPS) and the Texas Department of Family and Protective Services (DFPS) answer many more of our clients’ questions about what these agencies can and cannot do. CPS is a division of DFPS, with the responsibility to protect minors from abuse and neglect. Although CPS has some rights to intervene in a parent-child relationship, parents have rights too, and there are certain actions these agencies cannot take without violating parental rights. That said, if you’re facing an investigation from CPS or if you’re going through a child custody dispute and are concerned that the child’s other parent may use CPS against you, it’s time to talk to an experienced Collin County family lawyer. Child Protective Services in Texas Texas law mandates that CPS investigate child welfare reports and take necessary actions to ensure the safety and well-being of minors. To facilitate this, CPS works closely with law enforcement and Texas family courts to assist in interventions if children are in danger or to prevent harm. These investigations are conducted by CPS case workers, who may be tasked with assessing the child’s living environment, offering support services to families in crisis, and making official recommendations to the court about steps to take to serve the child's best interests. What to know about CPS investigations First, CPS caseworkers have specific authority to investigate legitimate claims of child endangerment, neglect, or abuse. Caseworkers also have the authority to take... --- - Published: 2025-02-21 - Modified: 2025-03-12 - URL: https://www.albinlawgroup.com/blog/high-net-worth-divorce/ - Categories: Divorce Embarking on a divorce that involves significant assets requires meticulous planning and expert legal guidance. At Albin Oldner Law, our Frisco divorce attorneys specialize in navigating the complexities of high-net-worth divorces, ensuring that our clients are well-informed and their interests are protected. What is considered a high-net-worth (high-asset) divorce? High-asset or high-net-worth divorces involve extensive and complex financial portfolios, including, but not limited to, substantial cash holdings, diverse investments, multiple real estate properties, significant business interests, and extensive retirement accounts. These elements add complexity to the divorce proceedings due to the required valuation processes and the implications for future financial security. Related article for further reading:Ignore ancillary divorce documents at your own peril Protecting non-monetary assets Non-monetary assets like fine art, antiques, and intellectual property require expert valuation to assess their market worth, sentimental value, and future appreciation in a divorce. Experts such as art appraisers and intellectual property evaluators are essential for accurate assessments. Legal protections, including prenuptial agreements and detailed documentation of ownership and value, ensure these assets are fairly divided. Why high-net-worth divorces are different A high net worth (HNW) divorce isn't just about dividing assets; it involves navigating a complex web of financial, business, and sometimes international interests. Here's a closer look at what this involves: Multiple stakeholders Apart from the couple, stakeholders in a high-net-worth divorce can include children, extended family, business partners, and even charitable organizations that might have a financial interest in the outcome. Complex asset portfolios The division challenges increase with assets... --- - Published: 2025-02-17 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/blog/termination-of-parental-rights-in-texas/ - Categories: Child Custody Texas family law emphasizes the protection of parental rights and responsibilities. Terminating these rights is a serious and complex process, undertaken only under specific circumstances and with careful judicial consideration. If you're considering petitioning for termination or have been served a notice of termination, consulting with a Collin County family lawyer is crucial to understand the implications and explore your legal options. Why would a partner’s rights be terminated in Texas? There are a few reasons why parental rights would be terminated in Texas. One of the most common reasons would be in cases of adoption, such as birth parents giving up their rights to a child so they can be adopted, or if a step-parent wishes to adopt the child and petitions for the other biological parent’s rights to be terminated. The Texas Department of Family Protective Services (DFPS) can also petition for the termination of parental rights, although this is a long, complex process intended to protect the child's safety and welfare. Either biological parent can file for a termination of parents' rights. In addition, a few other people may be able to file for termination of parental rights, including: Any individual with court-ordered access to the child Any man who alleges he is the father of the child A foster parent of a child placed by DFPS (under certain conditions and after a waiting period) Prospective adoptive parents Specific close relatives of a child may petition for termination of parental rights if both parents have passed away... --- - Published: 2025-02-13 - Modified: 2025-02-14 - URL: https://www.albinlawgroup.com/blog/legal-separation-alternatives-in-texas/ - Categories: Divorce Texas does not recognize legal separation, but other options are available to achieve a similar outcome. Our Frisco divorce attorneys can help you understand how to leverage these legal options. They may benefit your final divorce decree and ensure that your rights are protected as you work through issues with your soon-to-be ex. Temporary orders Temporary orders for divorcing couples in Texas are court-ordered directives that address the logistics of immediate, practical issues until a final divorce decree is confirmed. This can include but isn’t limited to: Child custody and support Who may stay in a shared home Property division and debt division Spousal maintenance If you have shared children, temporary orders can ensure that your children are supervised and safe and that, if you are awarded primary custody, the other parent pays support for them. If there is a dispute over who remains in the marital home, a temporary order can force one spouse to move out until the divorce is final. This can apply to a rental property as well, even if both spouses are on the lease. Temporary orders can restrict what each spouse may or may not do, such as contacting the other party directly, going to work, or picking up shared children from school. Both parties may agree to temporary orders and file them with the court. Or, a family law judge may issue them if one spouse submits a petition. You may petition the court for specific temporary orders with evidence to support your... --- - Published: 2025-02-12 - Modified: 2025-02-13 - URL: https://www.albinlawgroup.com/faqs/can-you-get-a-divorce-while-pregnant-in-texas/ - Categories: Frequently Asked Questions Yes, in Texas it is possible to get a divorce while pregnant. You can also file for divorce if your spouse is the one who is pregnant. While technically there is nothing in Texas law which specifically prohibits filing for or finalizing a divorce when during a woman’s pregnancy, some Texas judges decline to finalize divorces when a party is pregnant until after the child is born. Pregnancy also introduces several additional complications in divorce cases. Our experienced Frisco divorce attorneys can help you understand how to prepare for your post-divorce future and protect your child. Divorce while pregnant can take longer Some divorces may take as little as 60 days to six months, while others can drag on for years. If the divorce is contested in any way, from one spouse not wanting to dissolve the marriage to a stalemate in property division, it can take extra time.   When the couple shares children, the judge must also consider what is in the child’s best interest when ruling on conservatorship, custody, and support. Some judges may wait until the child is born to decide. Same-sex divorces when one spouse is pregnant do not have the same paternity complications as heterosexual divorces. However, both of you may wish to talk to a lawyer about your interests. (H3) Check out our related articles about children and divorce How to talk to children about divorce Questions of paternity in Texas divorce When a child is born to an unmarried mother in Texas,... --- - Published: 2025-02-04 - Modified: 2025-02-14 - URL: https://www.albinlawgroup.com/blog/how-to-find-hidden-assets-in-divorce/ - Categories: Divorce Texas is a community property state for divorce. Unfortunately, this means there’s a lot of incentive for one spouse to hide assets.   Maybe you want to protect a certain item from a forced sale, or perhaps a wealthier spouse feels entitled to the full amount of their pension and retirement investments. Or, maybe one spouse simply doesn’t want to give the other another penny more than they have to.   Regardless of the motivation, it’s common enough that our Frisco divorce attorneys can spot the red flags that often signal divorce fraud. Our legal team and experts know how to find hidden assets in divorce and take legal action for your benefit. Complications from hiding assets in a divorce Most couples want to get their divorce over with as quickly as possible. Hiding assets can delay the process for months or longer. If you suspect your spouse is hiding assets, it may take some time for a forensic accountant or divorce lawyer to unravel the mess and track them down.   All of this costs money. You may be able to petition the judge to make your spouse pay for your additional legal costs, but this isn’t guaranteed. Plus, you may be completely on the hook for the services of a forensic accountant. Judges base decisions about dividing debts and assets, child support, and alimony on the financial disclosures both parties submit. You may not get your fair share if your spouse is hiding assets. Your children may suffer... --- - Published: 2025-01-30 - Modified: 2026-02-18 - URL: https://www.albinlawgroup.com/blog/avoiding-divorce-fraud/ - Categories: Divorce Are you getting divorced and arguing about money with your soon-to-be ex? Inequity in income, assets, and earning potential is common, especially if one spouse is the primary homemaker or stay-at-home parent. Sometimes, the higher-earning spouse wants to keep every penny they’re making. In these instances, it’s not surprising that there would be divorce fraud. When you need to protect yourself and your financial interests, having savvy representation from experienced Frisco divorce attorneys is critical. Financial disclosure in Texas divorce Your financial disclosure document is an exchange of information to support fairly divided assets. It also helps make determinations for child support and alimony. Items in the disclosure include but may not be limited to: Deeds for real property (including the family home, vacation home, and rental properties), leases, and any liens All bank accounts (checking, savings, investments)  Retirement plans, including 401k, IRAs, retirement investments, and pension plans All debts: Credit cards, mortgage, personal loans, and vehicle loans Tax returns, 1099 forms, W-2s, pay stubs, and other proof of income All insurance policies, including life insurance Failure to fully disclose your financial status could be divorce fraud. If you’re looking at your spouse’s disclosure and thinking, “This isn’t enough,” you may be right. It’s not uncommon for one spouse to hide assets or be misleading about their income or earning potential.   Spotting signs of divorce fraud There are a few clear indications of divorce fraud that experienced divorce attorneys will spot immediately. But, you may notice certain behaviors during... --- - Published: 2024-09-15 - Modified: 2025-08-11 - URL: https://www.albinlawgroup.com/faqs/what-is-uifsa-in-texas/ - Categories: Frequently Asked Questions UIFSA stands for the Uniform Interstate Family Support Act, which has been adopted by all states, including Texas, to establish, enforce, or modify child and spousal support orders across state boundaries. UIFSA aims to resolve jurisdiction issues and eliminate the possibility of multiple conflicting support orders. At Albin Oldner Law, we're committed to helping you understand how UIFSA works in Texas to effectively manage your child support issues. Keep reading for more, then call (214) 423-5100 to schedule a consultation with our compassionate Frisco child support lawyers. What does UIFSA do? 1. Jurisdiction over child support orders Texas’ Uniform Interstate Family Support Act (UIFSA) allows the state to have continuing exclusive jurisdiction (CEJ) over a child support order. This means that as long as one of the involved parties—either the custodial or non-custodial parent or the child—remains in the state that issued the original support order, that state retains the authority to modify the order. 2. Enforcement of out-of-state orders UIFSA facilitates enforcing child support orders from other states. In Texas, a child support order issued by another state can be enforced directly by local courts as if it were a Texas order without first registering the order in the state. 3. Modification of child support orders Under UIFSA, the state with CEJ over a child support order is typically the only state that can modify the order unless all parties have moved out of the state. If no parties reside in the issuing state, the new state where the... --- - Published: 2024-09-02 - Modified: 2024-09-25 - URL: https://www.albinlawgroup.com/faqs/what-are-the-expectations-to-community-property-in-texas/ - Categories: Frequently Asked Questions Texas law presumes that all property acquired by either spouse during the marriage is community property and should be divided in a just and right division upon divorce. However, there are significant exceptions to this rule, which can impact the division of assets. Identifying, tracing, and proving separate property is crucial because these assets are not divided in the divorce. They belong solely to you, protecting them from being distributed between you and your spouse. This can have significant implications for your financial stability post-divorce. Navigating the complexities of marital property division in Texas can be challenging, particularly understanding what constitutes community property versus separate property. At Albin Oldner Law, we're committed to clarifying these concepts for our clients to ensure they make informed decisions during their divorce proceedings. Join our Frisco property division attorneys as we explore the exceptions to community property in Texas, ensuring you know exactly what assets may be considered your separate property in a divorce. Community vs. separate property in Texas Understanding separate property In Texas, when you're going through a divorce, it's essential to understand how your property will be classified and divided. Separate property, as defined under Texas law, is any asset that you owned before your marriage, as well as anything you received individually as a gift or inheritance during your marriage. Pre-marriage ownership – Anything you owned before you got married remains solely yours. This could include a house, a car, investments, or personal items that were under your name before... --- - Published: 2024-08-25 - Modified: 2024-09-25 - URL: https://www.albinlawgroup.com/faqs/how-do-you-withdraw-a-divorce-petition-in-texas/ - Categories: Frequently Asked Questions Deciding to end a marriage is a significant decision, but circumstances can change, leading some to reconsider the path of divorce. Understanding the process is crucial if you're contemplating retracting your divorce petition in Texas. At Albin Oldner Law, our Frisco divorce lawyers are here to guide clients through every possible scenario with clarity and compassion. Contact us online or call (214) 423-5100 today. First things first: Is nonsuiting a divorce the same as dismissal? Yes, a nonsuit is the same as a dismissal, but depending on whether the Order dismisses it with prejudice or without prejudice. Divorce Nonsuit In Texas, a nonsuit happens when the spouse who filed the initial divorce petition chooses to stop the divorce process before it has been finalized. This typically occurs if the spouses decide to reconcile or wish to address their differences through other means, such as mediation. The petitioner must file a nonsuit with the court. Nonsuits dismissed the divorce proceeding, but does not prevent a spouse from filing for divorce again. Divorce dismissal A dismissal in a Texas divorce case means that the court closes the case. There are two types of dismissals: Dismissal without prejudice – This allows the petitioner to refile for divorce later on if needed. The case is closed, but the possibility of bringing it up again remains open, typically because the issues leading to dismissal did not relate to the case's merits. Dismissal with prejudice – This is more final. It prevents the same claims from... --- - Published: 2024-08-15 - Modified: 2024-08-29 - URL: https://www.albinlawgroup.com/faqs/where-are-divorce-cases-filed-and-heard-in-frisco/ - Categories: Frequently Asked Questions If you're contemplating divorce in Frisco, Texas, understanding where to file your divorce petition and where the proceedings will be held is crucial. At Albin Oldner Law, we aim to simplify the legal landscape, ensuring you feel supported and informed at every step. Keep reading to learn more from our compassionate Frisco divorce lawyers, then contact us to schedule a consultation. Filing your divorce in Frisco In divorce cases, the action should be filed in the county where one or both parties resided for the immediately preceding 90 days. In addition, at least one of the parties must have lived in Texas for the preceding six months. In a modification of a prior final order involving children, the case can be transferred to and heard in the county of the child's current residence. The District Courts of Texas handle divorce cases in Frisco. Specifically, because Frisco is located within Collin County and parts of Denton County, you would typically file your divorce petition at the district court with jurisdiction over your residence. Here’s how it works: Collin County – Frisco residents who live in Collin County will file their divorce petitions at the Collin County District Clerk’s office. The county has several district courts that handle family law cases, including divorce. Denton County – For residents of Frisco who live in the portions that fall under Denton County, filings are made at the Denton County District Clerk’s office. Like Collin County, Denton County has multiple district courts to manage family... --- - Published: 2024-08-03 - Modified: 2024-08-29 - URL: https://www.albinlawgroup.com/faqs/who-gets-the-dog-in-a-divorce/ - Categories: Frequently Asked Questions Deciding who gets the dog in a divorce can be as heart-wrenching as any other custody decision. Pets often hold a special place in the family, and the thought of parting with a beloved dog can add stress to the already difficult divorce process. In Texas, the approach to pet custody during a divorce involves specific considerations under the law. Keep reading for a detailed explanation of those considerations from our skilled Frisco divorce lawyers. How Texas law views pets in divorce In Texas, as in many other states, pets are considered personal property. This legal definition impacts how pets are treated in a divorce. Unlike children, where the court considers the child's best interest, decisions about who gets the dog in a divorce are made based on property division laws. Community vs. separate property The first step is determining whether the pet is community property (acquired during the marriage) or separate property (acquired before the marriage or through inheritance or gift). If the dog was acquired during the marriage, it is likely considered community property and subject to division under Texas’s community property laws. If one spouse owned the dog before the marriage, it is typically considered that spouse’s separate property and not subject to division (Texas Family Code Section 3. 002). Factors influencing who gets the dog in a divorce Agreements between spouses The simplest resolution on who gets the dog comes when spouses can agree. Many couples decide through negotiation or mediation who should keep the pet.... --- - Published: 2024-07-21 - Modified: 2024-08-29 - URL: https://www.albinlawgroup.com/faqs/how-do-i-get-a-copy-of-my-divorce-decree-in-frisco/ - Categories: Frequently Asked Questions A divorce decree is a legal document that signifies the formal conclusion of your proceedings. It details the court's agreed-upon divorce terms. If you need to retrieve a copy of your divorce decree in Frisco, it's important to know the steps and resources available to you. Keep reading to learn how to get a copy of a divorce decree in Collin County or Denton County, then contact Albin Oldner Law at (214) 423-5100 to schedule a consultation with a Frisco divorce lawyer. Step-by-step guide on how to get a copy of your divorce decree 1. Identify the appropriate court Your divorce decree will be filed with the district court that granted your divorce. In Frisco, this is likely to be one of the courts in Collin County or Denton County, depending on your residence at the time of the divorce. You can start by identifying the specific court—each county may have its protocols and locations where records are stored. 2. Visit the district clerk’s office Visit the district clerk’s office at the courthouse where your divorce was finalized. For instance, the District Clerk’s office is a good starting point in Collin County. For those in Denton County, you would visit the Denton County District Clerk. 3. Request your divorce decree You will need to request a copy of your divorce decree. It’s helpful to provide as much information as possible to facilitate the search, such as the case number, your full name, your ex-spouse's full name, and the year the... --- - Published: 2024-07-21 - Modified: 2024-08-29 - URL: https://www.albinlawgroup.com/blog/50-50-custody-child-support/ - Categories: Child Support Navigating the complexities of child support in cases of equal custody can be challenging. At Albin Oldner Law, PLLC, we understand that questions about child support can arise even with a 50/50 custody arrangement. It's a common misconception that equal custody automatically negates the need for child support, but the reality under Texas law can be quite different. Keep reading for more from our Frisco child support attorneys, then call (214) 423-5100 to schedule a consultation. Does 50/50 custody eliminate the need for child support? The short answer: not necessarily. While 50/50 custody suggests an equal division of time spent with the child, it does not always equate to an exemption from paying child support. Texas law considers multiple factors to ensure the child’s needs are met financially by both parents, regardless of the custody arrangement. How child support is calculated with 50/50 custody Texas uses a formula to calculate child support, which typically considers the noncustodial parent's income. However, in 50/50 custody situations, parents’ incomes and the time the child spends with each parent play a crucial role. The goal is to balance the child’s standard of living across both households. Income and expenses – Even with equal custody, if there's a significant disparity in parental income, the higher-earning parent may still need to pay child support to the lower-earning parent. This ensures the child experiences a similar quality of life and financial stability in both homes. Additional costs – Child support calculations can also factor in expenses such... --- - Published: 2024-07-12 - Modified: 2025-08-11 - URL: https://www.albinlawgroup.com/faqs/will-i-lose-custody-if-i-fail-a-drug-test/ - Categories: Frequently Asked Questions Many parents worry about the impact a failed drug test could have on their ability to maintain custody or visitation rights. It's a legitimate concern, and navigating these waters requires a nuanced understanding of family law and a compassionate approach. Here, we aim to clarify the potential consequences of failing a drug test and provide actionable advice on handling such a situation, ensuring you're prepared to protect your relationship with your child. Keep reading for more information from our skilled Frisco child custody lawyers, then call (214) 423-5100 to schedule your consultation.   Will I lose custody If I fail a drug test? Failing a drug test can significantly affect your custody case, especially in Texas, where the child’s best interests are paramount. Texas courts prioritize the child's safety, well-being, and stability when making custody decisions, so evidence of drug use can influence a judge’s decision regarding both physical and legal custody. Impact on custody rights While failing a drug test does not automatically mean you will lose custody, it can lead to modifications of existing custody arrangements. For instance, the court may order supervised visitation to ensure the child's safety or require you to undergo substance abuse treatment as a condition to maintain or regain custody rights. The specifics will depend on the overall evidence presented regarding your ability to act in your child's best interest. Texas family code considerations According to the Texas Family Code, the court always seeks to foster the best environment for the child’s growth.... --- - Published: 2024-07-12 - Modified: 2024-07-12 - URL: https://www.albinlawgroup.com/blog/child-support-and-college-expenses/ - Categories: Child Support Navigating through the financial responsibilities of parenting doesn't end as your child turns 18, especially when it comes to education. Some parents question how child support payments can be extended to cover college expenses – our skilled Frisco child support attorneys are here to provide some answers. Keep reading to understand your legal obligations and opportunities under Texas law. Does Texas law require child support for college expenses? In Texas, child support is typically expected to continue until the child reaches the age of 18 or graduates from high school, whichever comes later. Unlike some states, Texas does not have statutes that mandate parents pay for their child's college expenses as part of their child support obligations (Texas Family Code Section 154. 002). However, this does not prevent parents from making arrangements to share these expenses voluntarily. Voluntary agreements to cover college expenses Some parents include college expenses in their child support agreements during the divorce proceedings. Such agreements can specify amounts to be set aside for tuition, room and board, books, and other educational expenses. The child support order should clearly define these terms to avoid future disputes. If you are considering such an arrangement, consulting with a child support and college expenses expert at Albin Oldner Law, PLLC, can help ensure that any agreement is fair and enforceable and aligns with your financial planning. How can parents manage college expenses without child support? (H3) Savings plans One effective way parents can prepare for their child’s college expenses is... --- - Published: 2024-06-25 - Modified: 2024-06-25 - URL: https://www.albinlawgroup.com/blog/how-to-talk-to-children-about-divorce/ - Categories: Divorce Discussing divorce with your children can be one of the most challenging conversations you’ll have during the entire process. At Albin Oldner Law, our Frisco divorce lawyers understand this subject's delicacy and aim to protect your child’s best interests with care and compassion. Here's a guide on how to talk to children about divorce, designed to help you navigate this difficult conversation in a way that supports and reassures your children. Prepare for the conversation Before you speak to your children about divorce, it’s essential to be prepared. This means deciding in advance the key points you want to cover and ensuring you’re emotionally ready to handle their reactions. Coordinating with your spouse about what will be said is often helpful. This unity can prevent conflicting messages and provide a consistent narrative that helps the children feel more secure. Choose the right time and place Select a time when your children will have the opportunity to process the information and ask questions without being rushed. Choose a quiet, private place where they feel safe and comfortable. Avoid times of high stress, such as right before school or bedtime. Your children must know they have the time and space to express their feelings. Be honest and clear Use age-appropriate language to explain the situation. It’s important to be honest yet gentle. You can say something like, "We have tried very hard, but we have decided that we can no longer live together. " Avoid sharing unnecessary details or adult issues, such... --- - Published: 2024-06-25 - Modified: 2026-02-18 - URL: https://www.albinlawgroup.com/faqs/what-constitutes-harassment-by-an-ex-spouse/ - Categories: Frequently Asked Questions Dealing with harassment from an ex-spouse can be distressing and overwhelming. If you're trying to understand "what constitutes harassment by an ex-spouse" in Texas, it’s important to recognize the legal definitions and the protective measures you can take. At Albin Oldner Law, we are committed to guiding you through these challenges with empathy and expertise. Keep reading for more from a skilled Frisco divorce lawyer. Examples of harassing behavior from an ex-spouse In Texas, harassment by an ex-spouse includes a range of behaviors that are intended to annoy, alarm, abuse, torment, or embarrass someone. The legal framework identifies several forms of harassment: Persistent communication: Unwanted and repeated calls, messages, emails, or social media contacts that create a significant disturbance or fear. Threatening behavior: Any threats to harm you, your loved ones, or your property, whether these threats are verbal, written, or implied by actions. Physical stalking: Following or appearing without invitation at your home, workplace, or places you frequent, which disrupts your safety and peace of mind. Steps to protect yourself Understanding what constitutes harassment by an ex-spouse is the first step towards safeguarding yourself. Here are some protective measures you can consider. 1. Document the harassment Keep detailed records of all incidents, including dates, times, and descriptions. Preserve any related communications such as texts, emails, or notes. 2. Seek legal protection Texas courts can issue protective orders (“POs”) to prevent your ex-spouse from contacting or approaching you. These orders are legally enforceable, and violations can lead to serious consequences... --- - Published: 2024-06-25 - Modified: 2025-08-11 - URL: https://www.albinlawgroup.com/faqs/what-are-my-options-if-my-ex-wont-cooperate-with-the-divorce/ - Categories: Frequently Asked Questions Dealing with an uncooperative ex-partner during the divorce process can be incredibly stressful and emotionally draining. At Albin Oldner Law, our Frisco divorce lawyers understand the difficulties you may face if your ex won't cooperate with divorce proceedings. Here are some tips and explanations of your options under Texas law. Understanding your legal options Default judgment If your ex-partner fails to respond to the divorce petition within the required time (typically 20 days in Texas), you may be eligible to file for a default judgment. This allows the divorce process to proceed without their input or cooperation, effectively granting you the divorce based on your proposed terms. Motion to compel discovery If your ex is unresponsive regarding disclosing financial information or other necessary documentation, you can file a Motion to Compel with the court. This legal motion can force them to provide the required information under the threat of legal penalties. Appointment of a court representative In some cases, particularly where one party is purposefully evasive, the court might appoint a representative, such as a special commissioner or receiver, to ensure the divorce process moves forward. This can include measures to locate missing assets or facilitate necessary actions on behalf of the uncooperative spouse. Strategies to encourage cooperation Mediation Sometimes, introducing a neutral third party can help resolve disputes and encourage cooperation. Mediation can provide a less confrontational environment, allowing both parties to express their concerns and negotiate terms without the formalities of a courtroom setting. Legal counseling Legal consequences... --- - Published: 2024-06-25 - Modified: 2026-02-18 - URL: https://www.albinlawgroup.com/faqs/can-i-remarry-before-my-divorce-is-final/ - Categories: Frequently Asked Questions Embarking on a new relationship after deciding to end a marriage can stir a mix of emotions and questions, particularly about the legalities of remarriage. If you ponder, "Can I remarry before my divorce is final? " you are not alone. At Albin Oldner Law, we help you navigate the intricacies of Texas family law, ensuring you understand the legal landscape and timing essential for making decisions about your future. Below, our Frisco divorce lawyers dive into the key legal issues and considerations that will guide you in planning your next steps wisely and in compliance with the law. Legal restrictions on remarriage in Texas According to Texas Family Code Section 6. 801, individuals who have undergone a divorce must wait at least 30 days from the date the divorce decree is finalized before they can legally remarry. This 30-day waiting period serves as a protective measure, ensuring that the divorce decree is not appealed or contested once it is issued. Risks of remarrying before your divorce Is final Invalidating your new marriage Your new marriage could be deemed invalid if you remarry before your divorce is finalized. This can lead to many legal complications, including the legality of your marital status and questions surrounding the legitimacy of any decisions or agreements made during this period. Legal and financial complications Remarrying before finalizing your divorce can also complicate matters such as property division, spousal support, and other financial arrangements agreed upon in the divorce proceedings. It may also impact your... --- - Published: 2024-06-25 - Modified: 2024-06-25 - URL: https://www.albinlawgroup.com/faqs/can-you-get-child-support-without-being-divorced/ - Categories: Frequently Asked Questions Navigating child support without divorce is a common concern for many parents who may be separated but not yet ready to legally end their marriage. At Albin Oldner Law, we understand that ensuring the well-being of your children is paramount and obtaining financial support is a critical aspect of this responsibility. Here’s what you need to know about securing child support without divorce in Texas. If you have any questions, don’t hesitate to contact our Frisco child support attorney at (214) 423-5100. We’re here for you and your children. Understanding child support in Texas In Texas, both parents are legally obligated to support their children financially. This obligation exists regardless of whether the parents are divorced, separated, or never married. According to the Texas Family Code Section 154. 001, a parent can seek child support through the legal system to meet the child's basic needs. How to obtain child support without divorce Filing for child support To initiate a request for child support without filing for divorce, you would typically start by establishing paternity (if necessary) and then filing a petition for child support with the family court. The Texas Office of the Attorney General (OAG) can facilitate this process, providing services to help establish and enforce child support orders. Child support orders from family court Once a petition is filed, the court will assess the child's financial needs and the income and circumstances of both parents and then issue a child support order. This order will outline the amount... --- - Published: 2024-06-20 - Modified: 2024-08-16 - URL: https://www.albinlawgroup.com/blog/can-you-adopt-as-a-single-parent/ - Categories: Adoption Navigating the adoption process as a single parent can seem daunting, but it is entirely possible and can be a fulfilling path to forming a family. At Albin Oldner Law, we understand the unique challenges and questions that single prospective parents may face. Keep reading for tips and considerations from our skilled Frisco adoption attorneys. Eligibility and legal considerations In Texas, single individuals are legally allowed to adopt a child. The state does not discriminate based on marital status for adoption purposes. However, adoption agencies and birth parents often have the discretion to choose the adopting parent, which means single parents might face more scrutiny or longer wait times compared to married couples. Who can be adopted Under Texas law, a child eligible for adoption must be legally free for adoption, which generally involves the termination of parental rights. This can occur through various means: Voluntary termination by both parents. Consent from a biological parent for the adoption. In the absence of consent, if the adoptive parent is the child’s former stepparent who has cared for the child for at least a year before the adoption. Eligibility criteria for prospective adoptive parents Regardless of marital status, individuals wishing to adopt must meet several qualifications to ensure they are prepared to provide a stable and loving home: Age and financial stability – You must be a responsible adult, at least 21 years old, demonstrating financial stability to support a child’s needs. Home study – A comprehensive home study must assess your... --- - Published: 2023-10-11 - Modified: 2024-09-18 - URL: https://www.albinlawgroup.com/blog/ignore-ancilliary-divorce-documents-own-peril/ - Categories: Divorce AN UNFORTUNATE ASSUMPTION at times is that the only thing necessary in a divorce is a final divorce decree signed by a Judge. While this may be true to get you divorced, there are oftentimes additional documents necessary to effectuate the terms of the divorce. It might not always be apparent what these ancillary documents are or when they are necessary. Equally problematic is that there might be no adequate solution by the time the problem is discovered. There is no substitute for having a dedicated family attorney in your corner that can identify the particular needs of your unique divorce. What is a Qualified Domestic Relations Order? A Qualified Domestic Relations Order (or QDRO - pronounced "quadro") is an order that would be presented to the Court along with the divorce decree. A QDRO is necessary to avoid tax implications for ERISA-qualified retirement plans, including 401(k) plans, pensions, deferred- compensation plans, and profit-sharing plans. A separate QDRO is needed for each such account, and they are uniquely tailored to the particular plan - there is no one-size-fits-all option! Ensuring that the QDRO is properly drafted, timely filed, and correctly presented to the plan administrator can mean the difference between receiving expected funds or not. Frequently, property division in divorce can be creatively achieved through specific provisions regarding real property. Perhaps the jointly-owned residence is awarded to one side. In that case, you would need to execute some type of Warranty Deed or risk an unfortunate shock when you go... --- - Published: 2023-07-06 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/3-reasons-mediation-might-be-right-option-you/ - Categories: Mediation CONTRARY TO THE GLAMOUR, excitement, and vindication portrayed by courtroom dramas, litigation is rarely all it's cracked up to be. As a board-certified family law attorney, I've been trying cases to both judges and juries for over a decade, and while some cases have no other option but to be decided in a courtroom, most benefit from pursuing an alternative dispute resolution process like mediation.   Mediation is a process created to help parties reach agreements regarding their conflicts without the need for court intervention. The parties and their attorneys (generally in separate rooms) meet with the neutral mediator, who helps to communicate offers and brainstorm ideas for resolution. If the parties are able to reach an agreement, the agreement is written into a "Mediated Settlement Agreement," which is binding on both the parties and the court.   So, how might you know if mediation is the right option for you? Here are the top 3 reasons it might be: Creativity: Judges are limited in what they can do and the rulings they can make, both by law and practicality. If you decide to litigate, the judge will likely hear only a few hours of testimony and evidence and will have to apply what she or he has heard to the law and come to a decision. Those decisions are often far more "cookie cutter" than what is good for either party. In mediation, the parties can largely throw the rule book out the window and craft a creative solution... --- - Published: 2023-04-25 - Modified: 2024-05-30 - URL: https://www.albinlawgroup.com/blog/4-legal-issues-starting-business/ - Categories: Business Law AS THE ECONOMY BOOMED, many completed dreams of starting their own business and others invested in those starting a business. If either applies to you there are a few issues and decisions to address quickly. The Frisco business lawyers at Albin Oldner Law have years of experience helping entrepreneurs in Frisco and throughout Texas set up their businesses in the smartest way possible. Below we discuss 4 key elements to consider when forming a business.   1. Licensing  It is important for your business to be licensed correctly with the local government and industry licenses necessary to operate your company. Ensure your business is created correctly and filed with the Secretary of State of Texas. This includes filing the appropriate Articles of Formation and executing additional corporate documents so that your entity is licensed to operate in Texas, has an EIN for taxes, and is correctly created to affect its purpose of protecting individual members from personal liability. 2. Copyrights/Trademarks/Naming Rights When initially naming your business, it is critical to research the right to use the name and any copyrights or trademarks related to prior use of the name or product. If you think of a name, it's entirely possible that another business already owns the copyright, trademark or has priority due to prior use of the name. It's imperative to discover this before investing substantial amounts in marketing and website creation, only to end up with a demand letter to cease use or be sued. The cost to relaunch... --- - Published: 2022-11-08 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/election-2022/ - Categories: General The past few tumultuous years have polarized many of us into opposing political camps. In previous years couples could weather these differences with little drama. High-profile political operatives even turned their differences into lucrative careers, like James Carville and Mary Matalin. But that was before the 2016 election. Now we often view those who differ with us politically as not just wrong but evil. The overturning of Roe vs. Wade only compounded this phenomenon. And when this happens in a marriage, the result can be life-changing. According to Wendy Wang, Ph. D. , of the Institute for Family Studies, the rate of politically mixed marriages decreased from 2017-2020. And 1 in 10 Americans ended a romantic relationship because of differing political views. People who are dating and deciding on life partners right now can sort themselves according to political views and avoid this clash of values. But what about couples who married years ago before our society was so polarized? Often political differences exacerbate and highlight disparate values and lifestyle preferences that existed before everyone was divided into different camps. As anyone who has been married awhile can attest--what was cute or charming while you were dating can become insufferable when sharing a life with someone. And differences in values, religion, and politics become that much more acute after children arrive. Suddenly there is a little person that you want to influence with your values and ideally, your partner in this endeavor would share those values. Child rearing is much... --- - Published: 2022-09-13 - Modified: 2025-04-04 - URL: https://www.albinlawgroup.com/blog/wills-and-trusts/ - Categories: Uncategorized What’s the difference between a trust and a will? A trust is a legally binding document involving three key elements: a trustor, a trustee, and a beneficiary or multiple beneficiaries. The trust is created to give the trustee authority to manage property for the named beneficiary. The purpose of this document is to avoid probate and keep the trustor’s assets away from the wrong hands. A will is a document that directs how the document holder wants their property to be distributed in the event of their passing. This document also specifies the deceased’s final wishes, arrangements, and guardianship of their children. What happens when someone passes away without a will or trust? Those who die without a will have died “intestate,” meaning the state the decedent resides in will decide how their assets should be distributed. In Texas, the decedent’s assets go to the closest relatives. For example, if a person passes away without a will and they leave behind a spouse and children (legally), the spouse will inherit a multitude of things, including: Community property One-third of their deceased spouse’s separate personal property The right to use the deceased’s real estate for life The children will also inherit everything else. However, it’s crucial to note that if a person passes without a will and their beneficiaries are not alive, the property will end up being transferred in accordance with intestate succession. Who can make a trust? You can set up a trust with an estate planning attorney, digital... --- - Published: 2022-06-03 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/blog/what-are-my-rights-as-a-possessory-conservator/ - Categories: Family Law In Texas, the law outlines parental rights and responsibilities using terms like Managing Conservator and Possessory Conservator, each carrying specific duties, rights, and limitations. Knowing what these roles mean is essential to protecting your relationship with your child. At Albin Oldner Law Group, our Collin County family law lawyers help parents understand and assert their rights, no matter what the court order says about conservatorship. What Is a Managing vs. Possessory Conservator? In Texas family law, conservatorship refers to a parent’s legal rights and responsibilities regarding their child, not just where the child lives A Sole Managing Conservator (SMC) is a parent who is granted the exclusive right to make major decisions for the child, like determining the child’s primary residence, consenting to medical treatment, and making educational and legal choices. This arrangement is typically awarded when the court finds it’s not in the child’s best interest for the parents to share decision-making responsibilities, such as in cases involving family violence, substance abuse, or a parent’s extended absence (Texas Family Code § 153. 131). The other parent is often appointed as a Possessory Conservator. While they may not have final decision-making authority, they usually retain visitation rights and the ability to make day-to-day decisions while the child is in their care. Texas law ensures that both parents can remain involved in their child’s life, unless limited by the court for safety or other serious reasons. In many cases, parents are appointed as Joint Managing Conservators (JMCs). This means both share... --- - Published: 2022-05-05 - Modified: 2024-07-02 - URL: https://www.albinlawgroup.com/blog/why-you-need-a-summer-break-custody-schedule/ - Categories: Family Law We know you’re so excited to spend more time with your family this summer. But before you can do so, you should build a summer break possession schedule, so things run smoothly for the next few months. The Albin Oldner Law, PLLC team is here to teach you about the importance of building a possession schedule and some tips on how to create one. Importance It’s essential to have a detailed summer break schedule to limit your risk of any conflict or issues down the line. Your schedule will include a brief parenting plan that highlights financial obligations, specific times for exchanges, and the best point of contact for both parents. Additionally, it can detail any of the children’s unique circumstances like health issues or things the child should not partake in, like certain sports or activities. Tips Here are some tips and some things to keep in mind before planning your summer break schedule: Make vacation plans early - Be sure to check in with your co-parent about any potential travel plans before planning your schedule. Do not book anything before consulting with your child’s parent about it. Figure out your personal schedule - From doctor's appointments to a personal day, you want to include these dates in your schedule before sending it to your co-parent. Make sure to ask your co-parent for their personal schedule to make sure there are no additional conflicts. Weigh out daycare options - Depending on the age of your child, you may want to consider making... --- - Published: 2021-10-29 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/blog/dividing-assets-in-a-texas-divorce-who-gets-what/ - Categories: Divorce When facing the end of a marriage, one of the most common questions couples ask is: how are assets divided in a divorce in Texas? The answer depends on several factors, including what property was acquired during the marriage, what’s considered separate, and how the court interprets Texas law on marital property. Texas is a community property state, meaning most assets and debts acquired by either spouse during the marriage are considered jointly owned and therefore subject to division. At Albin Oldner Law Group, our Collin County divorce attorneys help clients understand their rights and protect their interests when dividing property in a divorce. Community vs. separate property in Texas To understand how assets are divided, it’s important to distinguish between community property and separate property: Community property includes most income, real estate, vehicles, and financial assets that were acquired during the marriage. Separate property refers to assets owned before the marriage, assets received individually as a gift or, assets inheritance. These are generally not subject to division, unless they were mixed with joint assets. Texas court’s divide the assets based on a just and right division.   What is subject to division in a Texas divorce? The division of assets in a Texas divorce case applies to nearly all forms of community property, including: Real estate (such as the marital home or investment properties) Joint bank accounts and savings Retirement accounts, pensions, and 401(k)s Vehicles and personal items Businesses started or developed during the marriage Debts and liabilities accrued... --- - Published: 2021-10-04 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/blog/what-to-expect-during-divorce-mediation-in-texas/ - Categories: Divorce Navigating the end of a marriage can be emotionally exhausting, financially draining, and legally complex. Fortunately, many divorcing couples in Texas are choosing divorce mediation as a more private, efficient, and cooperative alternative to a court battle. For those looking to maintain control over their future while minimizing conflict, knowing what to expect in divorce mediation can be a valuable first step. As trusted Collin County divorce attorneys, Albin Oldner Law Group is here to guide clients through each phase of the divorce mediation process—from initial consultations to finalizing legally binding agreements. What is divorce mediation? Divorce mediation is a form of alternative dispute resolution where spouses meet with a neutral third party (the mediator) to discuss and resolve the terms of their divorce. These mediation sessions are designed to foster open communication and promote collaboration between the spouses. Unlike a courtroom trial, private mediation offers a confidential setting in which couples can address sensitive issues such as child custody, property division, spousal support, and child support without public scrutiny. The goal is to reach an agreement that satisfies both parties and paves the way toward a peaceful resolution. What happens during divorce mediation? Each mediation service is unique, but most follow a general structure: 1. Initial consultation The mediator explains the process and outlines the roles of each participant. If either party has hired a lawyer, they may attend to provide legal advice and ensure their client’s rights are protected. 2. Information gathering Both parties share necessary documents and... --- - Published: 2021-09-28 - Modified: 2026-03-04 - URL: https://www.albinlawgroup.com/blog/5-tips-to-consider-for-a-high-asset-divorce/ - Categories: Divorce Nearly half of all marriages end in divorce. While this statistic may seem shocking, divorce is a common reality for many people. This includes affluent individuals with many financial assets. If you are about to go through a high asset divorce, it is important to understand what lies ahead. The more that you understand the process, the more straightforward it seems. To make things even easier, we have compiled the top five tips to consider when going through a high asset divorce. What Is a High Asset Divorce? A high asset divorce is also known as a high net worth divorce. These divorces generally involve significant and complex assets. The higher the value of the estate in the divorce, the more complex the divorce. For example, at Albin Oldner Law, PLLC, we represent business owners, executives, celebrity sports figures and families with significant wealth throughout the divorce process. Our Frisco-based divorce attorneys must value these assets and properties to divide them fairly during the divorce process. We are prepared with a team of tax and financial experts who work with us to ensure precise property division. However, this is often a contentious process, especially if one or both spouses do not agree about dividing marital assets. 5 Tips to Consider When Going Through a High Asset Divorce Due to the complexities of high net worth divorces, it is important to consider these five tips:  It Takes Time.  High-asset divorces take longer than the average divorce. This is because attorneys must properly value the... --- - Published: 2021-08-06 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/is-junior-year-the-new-senior-year-for-high-school-athletes/ - Categories: General How the Texas Name, Image, and Likeness Law and Texas’ UIL Rules Impact High School Athletes With no law protecting high school athletes’ rights to profit off his or her name image, and likeness (hereinafter “NIL”), it may be financially beneficial for students to forgo their senior year of high school and enroll in college early. For example, Quinn Ewers from Southlake Carroll High School has just announced he will skip his senior year of high school and enroll at The Ohio State University to take advantage of the new NIL rules in the NCAA. This is because the Texas’ UIL rules and the new Texas NIL law prohibit high school athletes from profiting from their NIL. More specifically, Section J of the State law states no individual, corporate entity, or other organization may enter into any arrangement with a “prospective student athlete relating to the prospective student athlete’s name, image, likeness prior to their enrollment in an institution of higher education. ”. With this general language Texas UIL has stated that the Legislature generally prohibited agreements that would provide for high school athletes to profit from their NIL prior to their enrollment in an institution of higher education. What the law does not state is what makes a student a “prospective student athlete”? Does this mean that a high school athlete who participates in modeling outside of school, but also plays high school volleyball can no longer profit off his or her image and likeness? The answers to these questions can... --- - Published: 2021-07-30 - Modified: 2024-08-29 - URL: https://www.albinlawgroup.com/faqs/how-long-does-a-divorce-take-in-texas/ - Categories: Frequently Asked Questions Under Texas law, a divorce cannot be finalized until at least 60 days have elapsed from the date the original petition is filed. If the case is uncontested, it is entirely possible to finalize it on the 61st day after filing. However, if the parties cannot reach an agreement on all issues, finalizing the divorce will take longer. At Albin Oldner Law, we recognize that each divorce is unique and influenced by various factors that can extend or shorten the timeline. Keep reading for more from our skilled Frisco divorce lawyers, then call (214) 423-5100 to schedule your consultation. The minimum waiting period In Texas, the law mandates a 60-day waiting period from the date the divorce petition is filed until the divorce can be finalized. This period serves as a cooling-off time for couples, allowing reconsideration or negotiation. Therefore, even in the most amicable situations, a divorce in Texas cannot be completed in less than 60 days. Factors affecting the duration of a divorce Several factors can influence how long your divorce might take: Contested vs. uncontested divorce – An uncontested divorce is typically quicker when both parties agree on all terms. Contested divorces, where disagreements about assets, custody, or other issues arise, require more time for negotiation and, potentially, court proceedings. Complexity of the case – Divorces involving complex asset divisions, custody disputes, or high-conflict situations may require additional time for gathering evidence, mediation, and court dates. Court caseload – Depending on the court’s schedule and caseload, there... --- - Published: 2021-07-21 - Modified: 2024-10-11 - URL: https://www.albinlawgroup.com/blog/what-the-texas-name-image-and-likeness-law-means-for-texas-college-and-future-college-athletes/ - Categories: General Introduction:  On July 1, 2021, the National College Athletic Association (NCAA) lifted the rules regarding restrictions on a college athletes’ ability to profit off their name, image, and likeness (NIL). More specifically, athletes can now receive compensation for a third-party endorsement, can receive compensation from social media posts, create businesses, be sponsored by a business, and participate in personal appearances. However, what these new rules mean for each college athlete varies based on what state the college athlete is in, what school the athlete attends, what conference the athlete is in, what team the athlete plays on and what business the athlete is expecting to receive compensation from. One wrong endorsement can ruin the college athlete’s eligibility to continue to play in the NCAA. These new rules have provided its member schools sweeping discretion to set its own rules about how players can make money while playing college sports. The NCAA’s new policy comes as States are quickly adopting new laws to allow college athletes to profit off their name, image, and likeness. For example, Texas State Bill No. 1385 Section 51. 9245, which came into effect as of July 1, 2021, prohibits schools from adopting or enforcing a policy, requirement, standard, or limitation that prohibits or otherwise prevents a student athlete from earning compensation for the use of his or her name, image, or likeness. Below is a list of commonly asked questions regarding the new Texas Name, Image, and Likeness (NIL) law:  1. What is NIL?   A... --- - Published: 2021-04-13 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/blog/4-important-divorce-tips-for-business-owners/ - Categories: Divorce For entrepreneurs, building a business takes years of hard work, investment, and personal sacrifice. But when divorce enters the picture, many business owners are surprised to discover that their company could be considered a marital asset—and therefore subject to division. Understanding the complex relationship between business owners and divorce is key to protecting what you’ve built. Whether your business is large or small, was started during the marriage, or has grown significantly since then, the outcome of your divorce can have a major impact on your financial future. At Albin Oldner Law Group, our experienced Collin County divorce attorneys help business owners develop strategies to preserve their assets, minimize disputes, and move forward with confidence. Is your business considered marital property? The first question in any business-related divorce is whether the business is marital property or separate property. In community property states like Texas, assets acquired or developed during the marriage—regardless of whose name is on the title—are typically presumed to be shared. Even if you started the business before the marriage, its increased value or any contributions made by your divorcing spouse (financial or otherwise) may make part or all of it subject to division. For example, if marital funds were used for business growth, or your spouse contributed time or labor, the court may classify a portion as a marital interest. The importance of business valuation Before dividing or negotiating a share of the business, a proper business valuation must be completed. This process determines the fair market... --- - Published: 2021-04-09 - Modified: 2026-03-04 - URL: https://www.albinlawgroup.com/blog/3-mistakes-to-avoid-during-a-high-asset-divorce/ - Categories: Divorce Divorces involving significant and complex assets are not like other divorces. There is much more at stake financially. If the right experts are not used and if an experienced legal team is not leveraged, you stand to lose a great deal. Here are some of the most common mistakes that you must avoid during a high-asset divorce. 1. Acting Quickly Just to Move On From the Divorce Divorce can be one of the most challenging experiences you encounter in your lifetime. However, it’s important not to rush through the process and make rash decisions. Your lawyer is working to protect your future.   If you accept less than you should just to “get the divorce over with,” you’ll regret it days, months and, perhaps, even years down the road. Take the time to have your attorney negotiate a favorable outcome for your protection. 2. Overlooking Marital Assets  As part of your divorce, you’ll likely be required to submit financial records. You and your spouse will be required to share financial documents with each other and the court, including an inventory of all your property. This can feel tedious.   It’s critical that you pay attention to all the details and don’t omit anything. Making a mistake or omitting an asset—no matter whether it’s an accident or on purpose—can lead to serious consequences. Likewise, your legal team should review your spouse’s financial documents very carefully. The court can only split what it knows about. If you believe that your ex may... --- - Published: 2021-04-04 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/reasons-to-consider-mediation-in-a-high-net-worth-divorce/ - Categories: Mediation For divorcing couples, significant assets create significantly different sets of concerns. There may be privacy issues, business interests, tax issues and wealth/estate planning aspects to a high-net-worth divorce that aren’t present in other marriage dissolutions. And, of course, the spouses generally want to avoid burning through their assets to fund expensive litigation. At Albin Oldner Law, we’ve found that our clients of means, whether they be business owners, athletes or executives, are often excellent candidates for divorce mediation. In this article, we’ll briefly explain what mediation is and why it can be the right choice for people with complex financial lives. What Is Divorce Mediation? Mediation is an out-of-court process that allows couples to negotiate a divorce agreement without resorting to court. Mediation sessions take place at a location agreed upon by the couple. Each spouse can have an attorney present. The sessions are led by a Texas divorce mediator.   The mediator is a neutral party, not an advocate for either side. The mediator facilitates discussion and helps the parties find areas of mutual agreement. Once a settlement is reached, it gets filed with a judge for approval, all without either party needing to experience the stress of traditional litigation.   We currently have three mediators on staff who are very experienced in high-asset divorces. Advantages of Divorce Mediation for Wealthy Couples Mediation offers several advantages that couples of means tend to find valuable, including: Privacy: Unlike court cases, mediation sessions and settlements do not become part of the public record. Cost control: Litigation requires... --- - Published: 2021-03-24 - Modified: 2024-06-24 - URL: https://www.albinlawgroup.com/blog/the-top-10-divorce-questions-answered/ - Categories: Divorce If you’ve been contemplating divorce or if you’ve been presented with divorce papers, you probably have many questions. Perhaps you own a business and have many financial assets; you wonder what will happen to both. You may also have children you wish to protect.   Our skilled Frisco divorce lawyers often hear various questions from couples considering a divorce. Let's answer them here and hopefully deliver some peace of mind. How will my property be divided? Texas is a community property state. This means that marital assets and debts (property obtained during the marriage) typically will be divided equally between you and your spouse. However, if one spouse has less earning potential, they may receive a higher percentage. Also, you may be held solely responsible if you have personal debts with your name attached. The court will determine what’s best. Plus, an attorney can help you understand how to divide assets to make the outcome work for you and your spouse. Will I need to pay/will I receive spousal maintenance? It’s possible to receive spousal maintenance (support) in Texas. The spouse requesting the support must lack sufficient property, such as income, to provide for their minimum reasonable needs. For a spouse to qualify, the marriage must have lasted at least ten years, and they must be actively trying to obtain sufficient income. If the marriage lasted less than ten years, the requesting spouse must have suffered family violence within the past two years. Can I avoid going to court? Not... --- - Published: 2021-02-07 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/5-myths-about-dividing-business-assets-in-divorce/ - Categories: Divorce When you know you’re headed for divorce and you own a business, you might have some concerns. Does one spouse get the whole company? Will we go out of business? Let’s discuss five of the most common myths about business owner divorce that our North Texas attorneys have heard over the years. Myth 1: There Is a “Best Way” to Divide a Family Business Every divorce is unique; there is no “best way” to do anything. The best way is whatever works best for that specific couple. When it comes to dividing a family business, there are usually three options, and which one is best will depend on your needs and goals: One spouse buys out the other, often by using cash or by giving up other assets from his/her part of the marital estate The spouses agree to sell the whole business and divide the proceeds In rare instances, the former couple may decide to continue co-owning and managing the company after the divorce Myth 2: The Business Is Separate Property Often, if one spouse owns the business in their name only, then they mistakenly believe the company can’t be divided in a divorce. In reality, property division in Texas is not governed by whose name is on an asset. Even if you started the company before getting married, any increase in its value that occurred during the marriage will likely be subject to division.   Myth 3: The Type of Business Entity Does Not Matter In reality, the... --- - Published: 2021-01-30 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/3-keys-to-valuing-a-closely-held-business-during-a-texas-divorce/ - Categories: Divorce If you or your spouse own a business, or if you’re partners in a business, then your company will likely play a central role in your divorce. In Texas, your ownership interest can qualify as “community property,” which means it’s subject to division during divorce.   In many cases, one spouse agrees to give up his or her ownership stake in exchange for other assets. When that doesn’t happen, the couple will need to know how much the business is worth before it can be divided. As you can imagine, valuing a company can be a complex task. In this article, our Frisco business divorce lawyers will explain three of the key concepts that will affect your business valuation. 1. Community Property vs. Separate Property Usually, the first thing to do is to determine which parts of the family business are considered community property. If the company was started during the marriage, whether by one of you or as a joint venture, then the entire business will probably be considered part of the marital community and be subject to division.   Along with deciding whether the company is community or separate property, several other questions will need to be answered.   If the company existed before you got married, what was its value at that time?   Since the marriage, has it increased or decreased in value?   Did both of you play equal roles in the company?   All of these questions will impact the eventual decision of business division.... --- - Published: 2021-01-16 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/why-pro-athletes-need-prenuptial-agreements/ - Categories: Family Law The travel, the stress, the money—all of it combines to push many athlete marriages past the breaking point. When a high-profile athlete gets divorced, social media and TV can be merciless. This makes the situation even harder as details of the marriage hit the headlines. Professional athletes should strongly consider creating a prenuptial agreement before tying the knot. The prenup can help shield your assets, endorsements, signing bonuses and other property. Plus, it can include confidentiality provisions that keep your situation as private as possible. 4 Things Your Prenup Should Address Every pro athlete’s needs are unique, but over the years our attorneys have found that these four things are among the most important to address in a prenuptial agreement: Contract income: Athletic careers are notoriously short, and the end is never more than a concussion or Achilles tear away. Your prenup should protect your contractual income, including guaranteed and non-guaranteed money. Plus, you should choose an attorney who is willing to work with other members of your team (such as your financial advisor) to make sure all contractual income is understood and accounted for in the prenup. Endorsements, media and other off-the-field income: Today’s athletes are entrepreneurs and brands, not just players. Your brand can last far longer than your actual playing career, so you want to protect any income streams that come from outside your playing contract. Your prenup should account for potential income from broadcasting, streaming, endorsements, business ventures and other off-the-field sources. Assets: Texas is a community property state, which in general means... --- - Published: 2021-01-07 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/pro-athletes-and-alimony-how-much-will-a-spouse-get/ - Categories: Divorce Professional athletes who get divorced often face demands for extraordinarily high amounts of alimony or spousal maintenance. In some states, pro athletes have had to shell out $10,000 or more a month to their exes just to cover alimony, on top of millions in property and other assets. If you are a professional athlete who is getting divorced in Texas, there’s good news. Unlike most other states, Texas law puts a cap on the amount of maintenance a court can order. Under the Texas Family Code, spousal maintenance cannot be more than $5,000 per month or more than 20% of the spouse’s average monthly gross income, whichever is less.   How Does This Alimony Limit Benefit Athletes? Let’s say you’re a pro athlete with a contract paying you $12 million a year. That’s basically $1 million a month. (You probably get paid more than $1 million a month during the season but don’t get paid during the offseason, so your $12 million annual salary works out to $1 million each month for purposes of alimony. ) The 20% rule would mean you must pay $200,000 in alimony, which is a huge chunk of your income. But thanks to Texas law, the judge can’t order you to pay any more than $5,000. The judge could order you to pay even less maintenance, depending on several factors. Factors for Determining Spousal Maintenance in Texas Texas law treats athletes the same as any other person when it comes to awarding alimony. First, every case starts with the presumption... --- - Published: 2020-12-29 - Modified: 2025-12-09 - URL: https://www.albinlawgroup.com/blog/how-are-stocks-divided-during-a-divorce/ - Categories: Divorce Among the many financial concerns that arise during divorce, one of the more complex and often overlooked issues is dividing stock in divorce. Whether the assets include brokerage accounts, retirement accounts, or stock options, understanding how they are handled in divorce proceedings is essential for protecting your financial future. At Albin Oldner Law Group, our experienced Collin County divorce attorneys help clients navigate stock division with clarity, ensuring they retain what’s fair while complying with Texas family law and tax regulations. Are stocks considered marital property? In Texas—a community property state—assets acquired during the marriage, including stocks, are generally subject to division. This means that any stocks purchased or granted during the marriage may be split between the spouses, even if they’re only in one person’s name. Stocks that were owned before the marriage, inherited, or gifted to one spouse may be classified as separate property, but determining this often requires clear financial records and legal guidance. Understanding the date of separation Unlike some equitable distribution states, Texas doesn’t officially recognize the date of separation in the same way. Instead, the date that carries the most weight is the day of the divorce trial or divorce settlementStock acquired between the wedding day and the date fo final trial is presumed to be marital property and subject to division. Stock options and restricted stock When one or both spouses receive options or restricted stock through their employer, these assets can be harder to classify. Some may be granted before the marriage... --- - Published: 2020-12-15 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/conservatorship-child-custody-laws-in-texas/ - Categories: Family Law If you’re going through a divorce or are considering one, you might have questions about your children. Will you receive custody of your children? Will your spouse? Is there even such a thing as full custody in Texas? All of these questions can be answered by learning more about Texas’ child custody laws. Child Custody: Understanding Conservatorship in Texas First, let’s define some key terms. In Texas, custody is known as “conservatorship. ” This term refers to how Texas courts decide how both parents will share custody of a child. Texas courts also use the terms “possession” and “access” when referring to visitation. Types of Conservatorships in Texas If you receive court-ordered custody of a child, you’ll be known as the child’s conservator. There are three different types of conservators in Texas, including: Sole managing conservator: Sole or full custody in Texas is known as sole managing conservatorship. These conservators have the right to make most of the decisions on behalf of the child. This type of conservatorship is often granted when violence, abuse or parental absence is present in a relationship. Joint managing conservator: This type of conservatorship is the most common in Texas. Also known as joint custody, this type enables both you and your ex-spouse to make decisions regarding your child. Possessory conservator: The spouse that doesn’t receive sole custody will become the possessory conservator. Although they still have parental rights, they don’t have the final say when it comes to making decisions on behalf of the child. The possessory conservator still... --- - Published: 2020-12-08 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/domestic-violence-and-firearms/ - Categories: General Gun Violence Statistics An estimated 1. 4 million Texans have a state regulated license to carry. In 2018, One Hundred and Seventy-Four women in Texas were killed by male intimate partners 59% of the murders were by firearms.  Family violence is defined by the Texas Family Code as: (1) violence by a member of the family or household against another member of the family or household, (2) abuse by a member of the family or household against a child of the family or household, or (3) dating violence against a member of a dating relationship or third party.  Tex. Fam. Code 71. 0021. If family violence has occurred before, then these risks are real, and you should consider filing an emergency ex-parte protective order immediately upon filing for divorce and implementing a safety plan to deal with the weapons in your home.   Safety Plan Although rare, gun violence during divorce proceedings do occur and you should be aware of this risk at the beginning of your divorce proceeding. Especially, if your spouse has committed domestic violence in the past. If you are preparing to file for divorce, prior to filing, take an inventory of all weapons owned and/or possessed by your spouse. Determine a safety plan on how to deal with these weapons. The safety plan should consider someone you can call in case of an emergency and a place to store the weapons during the divorce. If you can safely remove the weapons from your home, do so. You can store the... --- - Published: 2020-08-03 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/will-coronavirus-lead-to-a-spike-in-divorce-rates/ - Categories: Divorce Ever since the COVID-19 pandemic hit the US, many have theorized that stay-at-home orders and working from home would eventually cause many couples to get divorced. Some have even likened quarantine to a relationship pressure cooker or a time machine, where couples experience years’ worth of conflict in the span of just a few months.   Interesting data now suggests more divorces could indeed be on the way. More People Are Currently Searching for “Divorce” Online Google Trends is a tool that shows a topic’s popularity based on how often people are searching for it online. It rates popularity on a 1-100 scale, with 100 indicating peak popularity. In August, we looked at Google Trends for the word “divorce” in the US.   At the start of the pandemic, divorce was at a 64 on the popularity scale. By the start of June and through July, divorce was consistently between 90 and 100. Here in Texas, divorce was a 60 in mid-March, hit 100 in mid-June, and has been at 90 or above ever since.   There are only seven states in the country where divorce has been a more popular search topic than in Texas during the pandemic. With more people exploring the idea of divorce, it does seem possible that the divorce rate will rise once the pandemic abates and courts can fully reopen. The stress of job loss, parenting, school decisions and the many other complications caused by the virus are all contributing factors. Texas Courts Continue to... --- - Published: 2020-07-15 - Modified: 2024-10-11 - URL: https://www.albinlawgroup.com/blog/tips-for-co-parenting-in-a-covid-19-world/ - Categories: General Sharing parental responsibilities can be difficult under the best of circumstances. The spread of COVID-19 makes co-parenting even tougher for some, adding stress to the lives of parents and children alike. It’s now more difficult to strictly abide by the terms of visitation agreements, particularly agreements that were ordered before the outbreak. As North Texas family lawyers, we’ve seen some challenging co-parenting issues arise from the pandemic. Our clients are asking many important questions, such as: Do I have to stick to the parenting agreement if I think my ex may have COVID-19? What will happen to my parenting time if I contract the virus? What if one of us loses our job? What happens regarding child support? What happens if I need to modify a custody arrangement? Are the courts still open? . To get specific answers to these questions, you’ll want to speak with one of our family law attorneys. Until then, we want to share a few ideas and tips to help you be a more effective co-parent during the COVID-19 crisis. Flexibility Is the Key COVID-19 has upended our daily routines. Many people are working from home and not commuting. Schools closed this spring and it’s unknown if they’ll open right away in the fall. Tens of thousands of Texans have lost their jobs. Children can feel the stress caused by all of this, even if they can’t or won’t verbalize it. To help your kids get through it, do everything you can to understand and accommodate your... --- - Published: 2020-06-30 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/things-to-think-about-if-you-re-getting-divorced/ - Categories: Divorce COVID-19 is surging in Texas, with thousands of new cases being confirmed every day. While the infection numbers capture the daily headlines, the full extent of the virus’ impact goes far beyond the statistics, reaching into every facet of life.   For many, divorce is part of life right now, and the novel coronavirus is adding complication and uncertainty into the process. This article offers a few things to think about as you progress through a divorce during the pandemic, including the importance of having a seasoned divorce attorney by your side to protect your interests now and well into the future. Asset Values Could Be Impacted It’s no secret that our economy is currently in a state of upheaval: After plummeting in March, the stock market has since mounted a recovery during what has been labeled the “coronavirus rally. ”  Many major corporations are so uncertain about the future they have withdrawn their investor guidance as they try to get a handle on what’s happening. The housing market has cooled off. In May 2020, home sales in Dallas County were down almost 35% compared to May 2019. Right now, it’s uncertain what direction values will go for housing, stocks and bonds, and retirement and investment accounts.   Why Does This Matter to a Divorcing Couple?   Asset division is a major phase of divorce for many couples. Property like houses, 401(k)s and IRAs are usually some of the most valuable items requiring division. Couples of high net worth, for example, typically have complex portfolios... --- - Published: 2020-06-14 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/getting-the-most-out-of-mediation-during-the-covid-19-crisis/ - Categories: Mediation In the middle of the coronavirus pandemic, we must continue to adapt and find ways to solve problems without endangering public health and safety. Family conflict is one example of a problem that will always need solving, and mediation is often an effective solution.  In-person gatherings are discouraged, meaning mediation must now be delivered in innovative ways. Many digital tools and methods are available to make virtual meetings and mediation successful. A Pre-Mediation Call Is a Wise Choice It’s a good idea to have a pre-mediation call with your attorney. This allows you to get comfortable using your computer’s camera and talking to your lawyer through a platform like Zoom, Skype or Google Hangouts. It also gives you a chance to do a test run of your Wi-Fi, camera and other tools. You might also request a pre-mediation call with the mediator. This helps you get to know the mediator, and it allows them to establish a rapport with you. Your pre-mediation call is an opportunity to ask questions, find out about the mediator’s background, and just have a normal, human conversation with the person who will help you resolve your family conflict. Prioritize Privacy Private conversations between you and your lawyer are the foundation of the attorney-client relationship. You need to be able to have these conversations with your attorney, even in a virtual environment.   You can use your pre-mediation call to speak with your lawyer and understand what you should do if, for example, you want to... --- - Published: 2020-04-03 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/texas-executive-order-no-ga-14/ - Categories: General Texas-Govenor-Executive-Order-No-GA-14Download --- - Published: 2020-03-26 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/care-act/ - Categories: General Overview The CARES Act is intended to be a broad economic stimulus and relief package. In addition to benefits-related issues, it includes relief for businesses, cash assistance for individual taxpayers, public health provisions and other provisions.   The Senate hopes to vote on March 25. Once the bill moves through the Senate, the House is expected to act on March 26 or 27. Retirement Provisions The CARES Act includes funding relief for defined benefit plan sponsors, distribution and plan loan provisions for participants and beneficiaries and delay of minimum required distributions.   Defined benefit funding relief: Delay in required contributions: The CARES Act allows plan sponsors to delay contributions due during 2020 until January 1, 2021. This would not apply to cooperative and small employer charity plans, multiemployer plans and money purchase pension plans. Late payment interest would apply. Benefit restrictions: Plan sponsors may elect to use the plan’s funded status for the 2019 plan year to determine whether benefit restrictions apply for the 2020 plan year (for non-calendar year plans, the language would result in the 2018 plan year AFTAP being applied to both 2019 and 2020 plan years, which likely was not the intent). Plan distributions from 401(k), 403(b) and governmental 457(b) plans: Employers can offer “coronavirus-related distributions” of up to $100,000. Favorable tax and repayment treatment apply to eligible distributions taken during calendar year 2020. The distributions can include funds that would otherwise not be considered distributable. The distributions would be penalty-free and would not be subject to... --- - Published: 2020-03-23 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/dallas-county-judge-clay-jenkins-recent-order/ - Categories: General Dallas County Judge, Clay Jenkins, for the Dallas County Commissioners Court issued an Amended Order(attached), “Stay Home Stay Safe”, on March 22, 2020. If you have any questions regarding how this order or how this epidemic applies to your business please call Albin Oldner Law at (214) 423-5100 or reach Todd Albin at talbin@albinoldnerlaw. com or John Mongogna at jmongogna@albinoldnerlaw. com. The Order reiterates the Declaration of Local Disaster for Public Health Emergency on March 12, 2020 related to the Novel Coronavirus now designated SARS-CoV2 which causes the disease COVID-19. As a part of the summary, the Order requires all individuals anywhere in Dallas County (Residential or Business) to Shelter in place – except for certain essential activities and work to provide essential business and government services or perform essential public infrastructure construction, including housing. The Order will take effect 11:59 pm on March 23, 2020 and lasting until 11:59pm on April 3, 2020. The Order Applies to All individuals currently living within Dallas County and All Businesses operating within Dallas County except Essential Activities and Essential Businesses. Essential Activities: To engage in activities or perform tasks essential to their health and safety, or to the health and safety of their family or household members. To obtain necessary services or supplies for themselves and their family or household members, or to deliver those services or supplies to others. To engage in outdoor activity, provided individuals comply with social distancing requirements of six feet. To perform work providing essential products and services to an... --- - Published: 2020-03-23 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/child-possession-schedules-during-the-covid-19-pandemic/ - Categories: General Parents across the country are navigating new frontiers during the COVID-19 pandemic including home schooling, stocking their pantries, and entertaining kids who can’t play with the neighbor kids or go to the playground. Parents who are divorced or separated have the added challenge of co-parenting across two houses and exchanging possession of children. Parents are asking fair questions about how changes in school calendars, shelter in place orders, and general fears of a child possibly being exposed to the virus at the other parent’s house effect their obligations under their current possession order. Can I keep my child with me for as long as school is closed since I had my child for Spring Break? Most people have a possession order which states that one parent gets possession of the children during Spring Break beginning when school gets out for Spring Break and ending either when school resumes after Spring Break or at 6:00 p. m. the Sunday before school resumes. When school districts began announcing that school would not resume on the date originally planned, many parents who already had possession of their children decided to treat this as an extended Spring Break. Even now, when some schools are closed for a third straight week, some parents are maintaining their possession of their children and refusing to deliver them to the opposing party. Fortunately, many district courts and finally the Supreme Court of Texas have weighed in on this problem and issued orders which are binding and enforceable on... --- - Published: 2020-03-20 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/income-tax-filing-date-pushed-back/ - Categories: General Income Tax Filing date has been pushed from April 15th to July 15th in response to economic unease. Read more about at the Dallas Morning News tax filing article. --- - Published: 2020-03-19 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/chris-oldner-available-as-special-judge/ - Categories: General During this time of uncertainty and courthouse closures, retired Senior District Judge Chris Oldner, now a shareholder at Albin Oldner Law, is available to serve as a Special Judge to hear contested matters, in family law and any other civil cases.   Chapter 151 of the Texas Civil Practice and Remedies Code (see below) allows any matter, other than a contempt or jury trial, to be referred to a special judge. A court reporter is required. Judge Oldner’s rates for hearings are $3,000. 00 per full day, $1,500. 00 per half day, and $450. 00 per hour for work outside the hearing. The parties will also share the cost of the court reporter.   If you’re interested in knowing more about how this option can help your clients, please contact our office for more details at (214) 423-5100.   CIVIL PRACTICE AND REMEDIES CODE TITLE 7. ALTERNATE METHODS OF DISPUTE RESOLUTION CHAPTER 151. TRIAL BY SPECIAL JUDGE Sec. 151. 001. REFERRAL BY AGREEMENT. On agreement of the parties, in civil or family law matters pending in a district court, statutory probate court, or statutory county court, the judge in whose court the case is pending may order referral of the case as provided by this chapter and shall stay proceedings in the judge’s court pending the outcome of the trial. Any or all of the issues in the cases, whether an issue of fact or law, may be referred. Added by Acts 1987, 70th Leg. , ch. 167, Sec. 3.... --- - Published: 2020-03-18 - Modified: 2024-09-18 - URL: https://www.albinlawgroup.com/blog/emergency-standing-order-from-collin-county-district-courts-regarding-possession-schedule-during-school-closures/ - Categories: General Standing Order Regarding Child Possession Schedule The Collin County District Courts have issued an Emergency Standing Order Regarding Possession Schedules as applied to Child Custody and Visitation schedules during the Coronavirus pandemic. We have republished the text below and the PDF version for your review. COLLIN COUNTY DISTRICT COURTS EMERGENCY STANDING ORDER REGARDING POSSESSION SCHEDULE DURING SCHOOL CLOSURES This order is a standing order of the Collin County District Courts that applies in every suit affecting the parent-child relationship filed in Collin County. This includes any pending divorce case with children.  Hereinafter “child” refers to a child or children the subject of a court order. IT IS ORDERED THAT: For purposes of determining a person’s right to possession and access to a child under a court- ordered possession schedule, the original published school schedule shall control in all instances. Possession and access shall not be affected by the school’s closure that arises from an epidemic or pandemic, including but not limited to, what is commonly referred to as the COVID-19 pandemic. A person currently in possession of the child who is not entitled to possession of the child under the original published school schedule SHALL immediately return the child to the person entitled to possession under that schedule. Example A: If a person had possession of the child for Spring Break, but the school has cancelled classes for the week following Spring Break, that person is NOT entitled to possession of the child. That person MUST return the child as if school... --- - Published: 2020-03-18 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/second-emergency-order-about-the-covid-19-state-of-disaster/ - Categories: General The Supreme Court Of Texas has issued a second Emergency Order Regarding the Coronavirus (COVID-19) as it pertains to child custody and visitation matters. Below is a republication of the order, Misc. Docket No. 20-9043, in a text format, and in a pdf file format. IN THE SUPREME COURT OF TEXAS ══════════════════ Misc. Docket No. 20-9043 ══════════════════ SECOND EMERGENCY ORDER REGARDING THE COVID-19 STATE OF DISASTER ════════════════════════════════════════════════ ORDERED that: 1. Governor Abbott has declared a state of disaster in all 254 counties in the State of Texas in response to the imminent threat of the COVID-19 pandemic. This order is issued pursuant to Section 22. 0035(b) of the Texas Government Code. 2. This order applies to and clarifies possession schedules in Suits Affecting the Parent–Child Relationship. For purposes of determining a person’s right to possession of and access to a child under a court-ordered possession schedule, the original published school schedule shall control in all instances. Possession and access shall not be affected by the school’s closure that arises from an epidemic or pandemic, including what is commonly referred to as the COVID- 19 pandemic. 3. Nothing herein prevents parties from altering a possession schedule by agreement if allowed by their court order(s), or courts from modifying their orders. 4. This Order is effective as of March 13, 2020, and expires May 8, 2020, unless extended by the Chief Justice of the Supreme Court. 5. The Clerk of the Supreme Court is directed to: post a copy of this Order on www. txcourts. gov;... --- - Published: 2020-03-16 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/family-violence-in-the-time-of-quarantine/ - Categories: Family Law COVID-19 > Social Distancing > Family Violence Social distancing has become the new normal here in North Texas and across most of the United States as we work together to stop or slow down COVID-19. This necessary evil has given rise to an increase in another scourge, family violence. Police in North Texas report an increase in domestic disturbance and abuse calls since people have begun to spend significantly larger amounts of time at home. Doubtless, the increased anxiety many are feeling during this time is further exacerbating to the problem. What can you do if you or your child is a victim of family violence? The first thing you must do, if you are able, is get yourself and your family to a safe place. If you are in the process of being assaulted, or if you are otherwise afraid for your immediate safety, call 9-1-1. If you are not currently under immediate threat, find a new place for you and your child to stay for a short time. Unfortunately, many organizations offering shelter to people who are living with their abusers, such as Hope’s Door in Plano, Texas, have been forced to close their doors during the pandemic. Try to find a friend or family member where you can stay for a short period of time or secure a hotel if you have the financial resources to do so. Protective Order After you have secured you and your child’s immediate safety, contact a family law attorney who can... --- - Published: 2020-03-14 - Modified: 2025-05-07 - URL: https://www.albinlawgroup.com/blog/albin-oldner-covid-19-operating-notice/ - Categories: General As we all monitor the headlines regarding the spread of the coronavirus (COVID-19) and the actions of our government, educational institutions and the advice of our World Health Organization (“WHO”) and Center for Disease Control and Prevention (“CDC”), please be assured that Albin Oldner Law takes this rapidly evolving situation very seriously. We place a high priority on the safety and wellbeing of not only our clients and employees, but also our local community. As reports of COVID-19 continue to spread across the state and country, our leadership has made the following immediate decisions: Client Interactions and mediations  Albin Oldner Law will continue to provide our professional services as expected. This includes meeting with new or existing clients in the office or by telephone at the Client’s election and conducting mediations as scheduled. We will continue to monitor the conditions around COVID-19, as to if and when it is prescribed or required that face-to-face interaction must be postponed or terminated. If you are scheduled to mediate with Judge Chris Oldner, the mediation will proceed as scheduled. If this changes, our office will notify you immediately.   As for scheduled court appearances or hearings, we have posted the Court’s adjusted scheduling guidelines on our website and will strictly adhere to those guidelines during this time meaning that only mandatory matters will be heard by the Courts. Both our Frisco and Prosper Offices are included.   We ask that all of our new and existing clients as well as our employees please... --- - Published: 2020-03-13 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/covid-19-coronavirus-and-contractual-obligations/ - Categories: General It is an absolute certainty that Covid-19 has already unexpectedly affected both your personal and professional life. We are being updated constantly with the cancellation of sporting events or large gatherings, the extensions of Spring Breaks for school districts and colleges, and the reminder that our hospitals and doctors cannot withstand an outbreak that the spread of this virus could cause. Employers are instructing employees to work from home and cancelling all business travel, all with the hopes of preventing the spread of this virus. With this uncontrollable change of plans and affect on our economy, many of us are left bound to contractual obligations that we entered into over the next day, week or month that can no longer occur. Can the arenas, hotels, airlines or service provider hold their clients liable under these contracts. Can the clients escape these contracts due to this unforeseen circumstance. While there is no definite answer, the first place to look for guidance is your contract. Typically, the contracts will provide a Force Majeure or Impossibility clause. A force majeure clause is a provision in a contract that excuses a party from not performing its contractual obligations that becomes impossible or impracticable, due to an event or effect that the parties could not have anticipated or controlled.  An example looks something like this: Inability to Perform: If Seller is unable to perform under this Agreement for reasons beyond its control, including but not limited to delays due to strikes, riots, acts of God, shortages of... --- - Published: 2019-10-07 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/albin-roach-is-now-albin-oldner-law-pllc/ - Categories: Firm Information It has been a great season of prosperity at Albin Roach but the season has run its course. While we greatly appreciate Laura Roach as a member of our family, the time has come for us to part ways and to allow her to explore exciting new opportunities. Again, we thank her for her contributions and wish her unlimited success in the future. --- - Published: 2015-08-03 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/number-of-employees-entitled-to-overtime-pay-likely-to-increase/ - Categories: Business Law Proposed changes from the Department of Labor to overtime laws are likely to result in more change in the pockets of many employees. The number of employees that are entitled to overtime pay will significantly increase if the Department of Labor’s proposed changes to the minimum salary requirement for exempt status under the Fair Labor Standards Act are adopted. Who is Exempt? In many situations, for an employee to be exempt from the overtime requirements under the Fair Labor Standards Act, three tests need to be met: (1) the employee must be paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed (2) the amount of salary paid must meet a minimum specified amount (3) the employee’s job duties must primarily involve executive, administrative, or professional duties as defined by the regulations Current Minimum Salary to be Exempt The current minimum salary requirement for exempt status is $455 per week ($23,660 per year). It has been over 10 years since the salary threshold has been increased. According to the DOL Secretary Tom Perez, this salary threshold has left many workers in positions that meet the duties test for the exempt status, working well over 40 hours a week with no overtime time pay and earning a salary that falls below the current poverty level for a family of four. Proposed Changes The Department of Labor has now proposed to increase the minimum salary requirement for exempt status... --- - Published: 2015-07-29 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/butt-dialers-beware/ - Categories: General No Expectation of Privacy on Pocket-Dialed Calls The 6th U. S. Circuit Court of Appeals held that a person has no expectation of privacy in an inadvertent “pocket-dial” call. The decision was reported on July 21, 2015. In the case, the Plaintiff, a chairman of an airport board, had inadvertently placed a pocket-dialed call to the executive assistant of the airport CEO. The pocket-dialed call lasted some 91 minutes, and during that call, the Plaintiff was overheard discussing his plan for possibly discriminating against the airport CEO. The executive assistant recorded parts of the 91 minute call and made handwritten notes about what she overheard. She then shared these findings with the airport board and CEO. The Plaintiff sued the executive assistant under the Electronic Communications Privacy Act and alleged that she had conducted electronic eavesdropping. The appeals court held that a person who operates a device capable of exposing conversations to third parties has no reasonable expectation of privacy when he or she fails to take precautions that would prevent such an exposure. The court reasoned that pocket-dialed calls could be prevented by locking the phone, setting a passcode, or using an app that prevents pocket-dialed calls. The Bottom Line Make sure to lock your cell phone, set up a passcode, or download an app that will prevent inadvertent pocket-dialed calls. Otherwise, you could be waiving your right to claim that anything overheard on a pocket-dialed call was private. --- - Published: 2015-07-27 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/employee-or-independent-contracter/ - Categories: Business Law The U. S. Department of Labor has recently changed its approach to answering this difficult question. Read Ed Silverstein’s article “New guidance about independent contractor vs. employee classification called ‘subjective'” at InsideCounsel to find out why “there is some reason to believe ... actions by the DOL will intensify with the new guidance. ” --- - Published: 2015-07-22 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/online-privacy-or-the-lack-thereof-can-really-kill-the-mood/ - Categories: Family Law We all know the saying “What happens in Vegas stays in Vegas,” referring to the idea that whatever crazy antics people get themselves into in Las Vegas will not be disclosed by others and vice versa. It would seem many people think that this sort of “bro code” also applies to Internet activities. This misconception about online privacy may explain the rise in the number of websites offering supposedly discreet ways for people to cheat on their spouse. Whether in Vegas or on the Internet, it is definitely an illusion to think that anonymity exists in today’s technology-filled world. All too frequently, people’s bad behavior comes back to haunt them. If you need a reason to keep your behavior in check, consider this week’s security breach at AshleyMadison. com, a dating website geared toward individuals seeking extramarital affairs. The perpetrators of the hack claim to be in possession of the identities and other intensely personal details of all of the website’s 37 million users and are threatening to release this information to the public if the website is not taken down. There is also evidence that a similar website, Adultfriendfinder. com, has been breached. This is certainly bad news for those users who thought their indiscretions would never see the light of day. Even if you’re not surfing Ashley Madison or cultivating your profile on Adultfriendfinder. com, there are many other ways people are tripped up by technology. For example, if you think that merely deleting something from your phone means... --- - Published: 2015-07-06 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/non-compete-agreements-even-jimmy-john-s-requires/ - Categories: Business Law Often times, employers require their employees to sign non-compete agreements that are designed to restrict an employee’s post-employment competition. Typically, these agreements restrain employees from competing with the employer for a certain period of time in a certain geographic area. Non-compete agreements are most commonly found in employment contracts and are not limited to just high level executives. Last year, the Huffington Post reported that Jimmy John’s was requiring its $8 an hour sandwich artists to sign a two-year “non-competition” agreement that was overly oppressive. The Agreement states: “Employee covenants and agrees that, during his or her employment with the Employer and for a period of two (2) years after ... he or she will not have any direct or indirect interest in or perform services for ... any business which derives more than ten percent (10%) of its revenue from selling submarine, hero-type, deli-style, pita and/or wrapped or rolled sandwiches and which is located with three (3) miles of either or any such other Jimmy John’s Sandwich Shop. ” Valid Non-Compete Agreements in Texas To be enforceable under Texas law, non-compete agreements must: Protect a legitimate business interest; Contain reasonable limitations as to the scope of activity to be restrained; Contain reasonable geographic limitations; and Contain reasonable durational limits. If a sandwich artist left Jimmy John’s and went to work for a Subway in another town, Jimmy John’s could technically file a suit seeking to enjoin that employee from working for Subway as long as that Subway was within three miles of another Jimmy... --- - Published: 2015-07-01 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/what-does-the-scotus-ruling-on-same-sex-marriage/ - Categories: General What policy changes will employers need to make to comply with the U. S. Supreme Court’s recent ruling upholding same-sex marriage? For some helpful insights, see “Employers need to examine policies, laws in light of Supreme Court same-sex marriage ruling” by Tammy Binford with Business and Legal Resources and HRHero. com. --- - Published: 2015-06-29 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/does-your-company-dress-code-need-alterations/ - Categories: Business Law If your company has not updated its dress code policy this year, it’s time to do so. On June 1, 2015, the U. S. Supreme Court made clear in EEOC v. Abercrombie & Fitch Stores, Inc. , that dress codes must have flexibility to allow for exceptions based on religion when it would not result in a more than a minimal burden on the employer’s operations. The Supreme Court confirmed that an employer may not make a job applicant’s religious practice a factor in the decision not to hire her, even if that religious practice violates the company dress code. This includes a suspected religious practice in cases, such as Abercrombie, where the applicant does not specifically confirm her religion or request an accommodation based on religion. In Abercrombie, the employer operated a line of clothing stores which sought to project a certain image and style. As a result, the company had a dress code or “Look Policy” which prohibited employees from wearing “caps”. When Samantha Elauf, a practicing Muslim, applied for a job with Abercrombie, she was wearing a headscarf, which was consistent with her understanding of her religious requirements. Elauf did not discuss religion during the interview or the reason she wore the headscarf, but the Store Manager that interviewed her was concerned that Elauf ‘s headscarf would conflict with the store’s “Look Policy” prohibiting caps. When the Store Manager asked for guidance from her District Manager, she explained that she believed Elauf wore her headscarf because of her faith. Claiming that Elauf ‘s... --- - Published: 2015-06-22 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/nfl-and-nba-owner-faces-battles-in-new-arena-probate-court/ - Categories: General Tom Benson, famed owner of the New Orleans Saints and New Orleans Pelicans, and his family are embroiled in battles both in Texas over his trust and in Louisiana over his competency. The filings were initiated in January by some of the descendants of Tom Benson alleging that his current wife has been manipulating him to prevent them from receiving some of their expected inheritance. --- - Published: 2015-06-17 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/professional-services-opinions-vs-labor/ - Categories: Divorce If you are in a service industry, you should be aware of a developing area of law which may have a significant impact on your exposure when issuing advice or rendering opinions to your customers. Recently, I tried a case to a jury in Houston where I defended a termite inspection company in a DTPA suit over a termite inspection report (or WDIR for those in the biz). In a nutshell, the Deceptive Trade Practices Act (DTPA), Tex. Bus. & Com. Code Ch. 17, is designed to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection. Tex. Bus. & Com. Code Ann. § 17. 44(a). However, the DTPA provides an exemption from liability to those who render professional services when the essence of that service is based on providing advice, judgment, or opinion. Tex. Bus. & Com. Code Ann. § 17. 49(c). A professional service is one that arises out of acts particular to the individual’s specialized vocation. An act is not a professional service merely because it is performed by a professional; rather, it must be necessary for the professional to use his specialized knowledge or training. The professions included in the professional services exemption under the DTPA are not statutorily defined. Generally, lawyers (of course! ), accountants, and doctors have qualified for this exemption as long as the conduct at issue involves the giving of advice, judgments, or opinions. What other... --- - Published: 2015-06-15 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/are-bad-internet-reviews-hurting-your-business/ - Categories: General Online reviews of businesses are becoming increasingly more important for the success of businesses. When consumers are looking to hire a contractor, try a new restaurant, book a vacation, or find a reliable auto mechanic, they regularly seek out the reviews of other consumers on websites such as Yelp, Angie’s List, TripAdvisor, Google, and many others. According to a 2014 survey, 88% of consumers reported that they trusted online reviews as much as personal recommendations. In that same survey, 85% of consumers reported that they read up to 10 reviews before making a decision on that business. These statistics highlight the importance of having positive reviews to attract potential customers to businesses. Fake Negative Reviews Unfortunately, many businesses have undertaken the practice of posting false negative reviews about their competitors in an effort to drive away business. Most of the time, these reviews can be left anonymously, which leaves the impression with consumers that the reviews are legitimate complaints. Other times, the false negative reviews are just outright malicious and done by former spouses, consumers, vendors, or other people who want to just see a person’s business suffer. In any event, your potential customers can be driven to other businesses by reading a fake review. Your Business Is Protected By Law If your business has been victimized by a fake negative review, the first logical step is to contact the website where the false post is located. Depending on that particular website’s policy, you may have some luck in getting the... --- - Published: 2015-06-10 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/first-things-first-when-and-where-you-can-file-for-divorce/ - Categories: Divorce At the beginning of every divorce case, you must first ask yourself “where do I file? ” and “when can I file? ” Texas has strict requirements regarding which County the divorce suit can be filed in and when it can be filed. Under Texas Family Code Section 6. 301, a petition for divorce may not be filed unless the petitioner or the respondent has been a domiciliary of Texas for the proceeding six-month period, and either the petitioner or the respondent has resided in the county in which the suit is filed for the proceeding 90-day period. Tex. Fam. Code § 6. 301 and § 6. 302. These requirements are a mandatory prerequisite for filing a suit for divorce and cannot be waived by the parties. What does it mean to be a domiciliary of Texas? To establish domicile, a person must live in Texas with the intention of making it his or her permanent home. In determining a person’s domicile, the court will analyze various factors. In concluding whether the party is a domiciliary of Texas, the court will likely consider the party’s stated intentions, voter registration, payment of personal taxes, place of residence, place of driver’s license, and place of business. Generally, a party’s testimony that he or she meets the residency requirements is sufficient unless it is challenged by the opposing party. What if you left Texas for a brief period then returned? A “temporary” absence from the county or the State of Texas does not affect the party’s right to maintain... --- - Published: 2015-06-08 - Modified: 2024-05-29 - URL: https://www.albinlawgroup.com/blog/don-t-send-your-kids-off-to-college-without-these/ - Categories: General As your children come home from college or get ready to leave, take care of some simple matters that could save your family from turmoil under the worst of circumstances. Everyone knows that even though your children may be going off to college, you will always be their parent and continue to take care of things. You will wash their laundry when they come home, send them money when things get tight and help them out when they need it. For most things, their age won’t matter, but for other things, it will. You want your children to grow up to be self-reliant and fiscally responsible, but what about in the case of an emergency? What happens if your child has to go to the hospital and is unable to communicate with the doctors? Who will they call? Who will pay the bills or deal with the insurance company? You may think that person is you, but once they turn 18, they have to give you those rights that were inherently yours as a parent when they were minors. So, how do they give you those rights? Through the use of 3 simple documents that will allow you to step in and help when your child needs it most. Medical Power of Attorney / Health Care Proxy This document allows the person(s) the child designates to make medical decisions in the event they are incapacitated and unable to do so. It also generally gives the person named the right to... --- ---