Marcela Halmagean, the principal
of Halmagean Law Firm focuses her practice on all
aspects of Family Law including divorce, child
custody, and child support. As a Certified Fraud
Examiner, she is adept at assisting clients with
a high net worth in the review of their spouse’s
financial statements and records to locate any
opportunity for financial misappropriation in preparation
of a divorce such as fraudulent transfers or undisclosed
In her own words, “I’m one of the few
attorneys out there who love their work. I love
my clients and my cases.” During initial
consultations, Ms. Halmagean evaluates each case
based on the facts and determines a course of action
and whether or not to represent that client. She
expects and encourages honesty from her clients
and returns that honesty by being upfront in her
counsel and aggressive in her representation.
The Family Law practice of Halmagean Law Firm centers
around issues related to:
• Domestic or International
Whether you plan to adopt a child
you have never met or a stepchild, adoption is
an irreversible process and therefore before undertaking
efforts to adopt that child or stepchild you took
to heart, you may want to ask yourself whether
adoption is indeed right for you. Please see our
page exclusively dedicated to Adoption issues for
more information and some fundamental questions
you may wish to ask yourself before embarking on
the road to adopting a child.
• Contested or
If you are not sure if divorce
is right for you, there is a pre-divorce test at
Coalition for Cooperative Divorce. It was written
for another state, but it still touches on relationship
issues that will inevitably affect your divorce.
This will give you more information from which
to decide a course of action. If you decide that
divorce is what you wish to do or if your spouse
has already filed for divorce, Marcela Halmagean
will help you through the process in the traditional
way of taking a case through the court system and
working toward resolution by trial, mediation,
or she can assist you through the process as a
collaborative law attorney.
A new divorce procedure that allows
parties to be represented by counsel at the same
time as settling their case outside of the court
system. We handle collaborative law cases anywhere
in the State of Texas. For a more detailed explanation
of the Collaborative Law process, please click
on the word link.
• Alternative Dispute
Resolution (Mediation and Arbitration)
As part of the process of a conventional
divorce and before such divorce is tried in front
of a judge or a jury, a case may be referred by
the judge to mediation or the parties may agree
to mediate or arbitrate children and/or property
issues. As part of her job to represent you zealously,
Marcela Halmagean will assist you in such process
and advise you in your decisions to evaluate your
spouse’s proposed settlement offer(s) and
will put together settlement offers on your behalf
that may bring about the settlement of your case.
• Child Support
In Texas, there is no statute
of limitations as to the collection of court ordered
child support if such child support arrearage has
not been confirmed by a court and a judgment on
the child support arrearage has not been issued
on such amounts. Once you have a judgment locked
in on a certain amount of arrearage, your collection
period may expire after ten years from the date
of the Order. Call us to review the facts of your
case and decide if you still have remedies left.
Additionally, Halmagean Law Firm
handles child support modification cases as well.
If you lost your high paying job or if you learned
that your ex-spouse is earning three times the
amount he was earning at the time of your divorce
decree, you may want to ask the court to review
that child support order. Please call us with the
facts of your case.
• Paternity Suits
A paternity lawsuit, also called “parentage
suit” is a proceeding that determines a legal
biological parent, usually a father. Anyone with
a certain legal relationship can file a paternity
suit including the child himself (generally through
a legal representative) or a governmental agency.
A paternity lawsuit is mostly filed by a biological
mother or father and asks that the court establishes
the rightful legal rights and duties of both parties
vis a vis the child subject of such suit. Halmagean
Law Firm has represented both, biological mothers
and fathers in such suits and welcomes your inquiries
on this subject.
and Post-Marital Agreements
A premarital agreement is a written
agreement between two persons contemplating marriage.
In a premarital agreement, a couple generally resolves
in advance financial matters in the event of death
or divorce. A premarital agreement may also designate
ways and/or means by which the couple will resolve
individual lifestyle, non-financial disputes, and
cultural disputes. A premarital agreement however
cannot address matters as they related to children.
A premarital agreement overrides and preempts state,
family and probate laws that otherwise would apply.
There are three basic rules that should be followed
to safeguard your agreement: full and fair disclosure,
separate and independent counsel, and ample lead-time
before the wedding.
A postmarital agreement in contrast, is a written
agreement between two persons who are already married
but who desire to convert property character from
separate to community or community to separate
A postmarital agreement will help
you organize your marital assets and reflect on
what you want to happen to your assets in case
of death or divorce. Such a contract may be written
any time during a marriage. If you do have such
a document, both of you should re-read and updated
it periodically as your roles and assets change.
Marriage contracts are governed by state law and
have to be revised if you change your residency.
The full and fair disclosure principle and the
employment of separate and independent counsel
are also two of the most important conditions that
a couple contemplating a postmarital agreement