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Recent Blog Posts
Do Stay-at-Home Moms Automatically Get Spousal Support in Texas?
Spousal support can be a complicated topic during divorce, especially if one parent has stayed home to raise shared children through a marriage. Many stay-at-home moms think that they automatically qualify for spousal support in Texas, but there are actually several factors that determine if someone is eligible for spousal support. There are additional determiners for how much spousal support a stay-at-home mom may receive.
A skilled Texas spousal support lawyer can advocate for your rights to spousal support during your divorce.
Qualifications for Texas Spousal Support
In Texas, certain qualifications must be met for an individual to qualify for spousal support. While stay-at-home mothers may have a higher chance of proving that they meet these qualifications, it is important to note that neither spouse in a divorce will automatically be awarded a certain amount of spousal support.
Do Protective Orders Mean Losing Child Custody?
Child custody is a topic that comes with high emotions, and the division of possession (visitation) and conservatorship (decision-making responsibilities, or custody) is often one of the most contested parts of a divorce. If a protective order has been issued, the parent to whom the protective order applies will almost certainly see his or her child custody reduced or terminated altogether. Once a protective order is filed, it can be difficult to regain child custody.
An experienced Texas child custody lawyer can help you understand your next steps if you are dealing with a protective order during your divorce.
Protective Orders and Your Divorce
Protective orders in Texas are typically filed in response to allegations of imminent threat of harm or danger. When a protective order is filed during divorce, it can significantly impact the outcome of divorce proceedings, including the division of child custody and the allocation of spousal support payments.
How Is Investment Real Estate Handled in a Texas Divorce?
A divorce is challenging enough, but when the issue of investment real estate arises, things can become even more complicated. During a divorce, your assets and property will be subject to division, and this will include any investment real estate you and your spouse purchased during your marriage. To understand how investment property might be divided in your divorce, and to ensure your interests are protected throughout the entire divorce process, speak with a skilled Texas property division attorney.
How Is Real Estate Divided in Texas?
Texas is a community property state, which means that most property acquired during a marriage is seen as equally owned by both spouses and will be subject to division, even if only one spouse’s name is on the paperwork.
How Do I Protect My Assets in a Divorce?
Divorce is a stressful process, especially if you have multiple assets or high net worth assets that you want to protect. It can be difficult to navigate the divorce process while trying to keep your business or other important assets intact, which is why the experience of a Texas divorce attorney is essential. Your divorce lawyer can advocate for a fair division of assets during your divorce.
Am I Required to Split My Assets in a Texas Divorce?
In Texas, community property laws determine how couples will split their assets during a divorce. In general, assets that are acquired before a marriage occurs will be considered separate property, and these assets will not be subjected to division. On the other hand, any assets that are acquired during the marriage are typically considered marital property.
How Do I Navigate a Contested Texas Divorce?
Divorces are challenging enough, but when couples cannot make decisions about their divorce or there is a history of abuse and a financial or power imbalance in a divorce, the divorce process has the potential to become contested.
Contested divorces are often emotionally charged and stressful to navigate, something which makes having an aggressive Texas contested divorce lawyer on your side necessary as you advocate for your rights.
What Is a Contested Divorce?
A contested divorce is a divorce where the soon-to-be ex-spouses have trouble finding common ground on important divorce issues. Spouses may argue about child custody or visitation arrangements, spousal support and child support payments, and the division of assets like business, homes, and vehicles.
How Long Do I Have to Pay Child Support in Texas?
Child support can be a heated topic, and many people find it difficult to work out child support arrangements as part of their divorce. However, the court does put the best interests of a child first, and child support payments are often a part of ensuring a child is cared for after a divorce.
If you are dealing with child support payments, you may be wondering how long you need to pay them and what it takes to stop your child support payments. An experienced Texas child support attorney can provide you with further guidance.
When Does Texas Child Support End?
In Texas, the Family Code states that you are supposed to pay child support, as per your court-ordered arrangement, until one of the following things occurs:
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The latter of either your child turning 18 or graduating high school
Should I Include Evidence of Abuse in My Divorce?
Divorce is challenging at the best of times, and marriages that have a history of abuse or power imbalances can be even more stressful to end. Contested divorces are those that include allegations of abuse or other emotionally charged issues that make it difficult for spouses to settle the important decisions needed to finalize their divorce.
If there has been abuse throughout your marriage, it can be helpful to include evidence of this in your divorce case, especially if you need the judge to make decisions based on your and your children’s safety. An experienced Texas contested divorce lawyer can guide you through this process.
Types of Abuse in Marriage
Navigating a divorce after abuse is difficult, and several different types of abuse may be present in your marriage. The Texas Family Code outlines “cruelty” as grounds for a fault-based divorce in the state, and any of these types of abuse have the potential to be cited in your divorce:
No-Fault Versus Fault-Based Texas Divorces
When you pursue a divorce in Texas, you have the option of filing for a no-fault divorce. A no-fault divorce is generally the best option when both spouses agree they no longer want to be married and that a divorce is the best step forward.
However, sometimes spouses may not agree about a divorce, or one spouse will wish to seek a divorce due to the actions of his or her partner. This is typically done with a fault-based divorce.
If you know you need to file a divorce in Texas, but you are not sure which kind of divorce to pursue, an experienced Texas divorce lawyer can evaluate your case and provide you with legal guidance.
Understanding Texas No-Fault Divorce
The majority of Texas divorces are no-fault divorces, meaning that both parties agree to the divorce and that the divorce is based on the grounds of irreconcilable differences. Uncontested divorce, where both spouses agree on all aspects of a divorce including child custody and how to divide assets, is a type of no-fault divorce.
Do I Need to Share My Inheritance in a Texas Divorce?
When facing a divorce, many people know that their assets and property are likely to be divided. However, when you have an inheritance to your name, you might be wondering if you will have to share this aspect of your assets as well.
Fortunately, inheritances, even those received during marriage, are generally safe from division in a Texas divorce, though there are some situations where your inheritance might be subject to splitting. A skilled Texas high asset divorce lawyer can tell you more.
Is My Inheritance Community Property?
In Texas, marital assets are subject to the state’s community property laws. These laws outline that, in general, property and assets acquired during marriage are considered marital assets and subject to division and distribution during the divorce process. Only property and assets that are separate property, meaning they belonged to one spouse before marriage, are considered exempt from being divided under community property laws.
Should I Create a Parenting Plan for My Texas Divorce?
One of the most contentious aspects of a divorce is child custody, and you may face difficulties getting your ex-spouse to agree to a child custody arrangement. However, you must create a parenting plan for your divorce, as this is required by Texas law. An experienced Texas child custody lawyer on your side can help you navigate this process and advocate for your rights to child custody.
Does My Texas Divorce Need a Parenting Plan?
As you start the process of divorce in Texas, shared children between you and your spouse need to be given special consideration. In Texas, parenting plans, which are documents that outline the responsibilities and duties of each parent after a divorce for shared children, are required.
Couples who can agree on a parenting plan during their divorce and present it to the court are likely to avoid a drawn-out custody battle, as the majority of the important decisions for the shared child’s education, healthcare needs, and extracurricular activities have already been decided.
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