Divorce
Basics
It is important to understand that your divorce will not happen overnight. Texas law states you must wait a minimum of 60 days to get divorced. The clock starts after the divorce process is initiated.
Various factors determine how long your divorce will take, including whether or not you and the other party agree on the terms of the divorce or not. These same factors determine the costs of your divorce as well. The scope of a divorce includes property division, child custody, child support, and/or spousal support.
For specific questions regarding aspects of a divorce see the below topics, the related pages to those topics, or call and schedule a consolation today.
Asset Division
All property, whether real or personal, is considered an asset. Texas is a "community property" state. During a divorce parties have to determine whether specific property is categorized as separate property or community property.
In Texas, the marital property (community property) is to be divided in a fair and equitable manner, according to a variety of factors. This means that even if only one spouse was employed for the duration of the marriage, the presumption is the husband and wife own all money earned and property obtained (assets) equally. Equal ownership extends to debts in community property states as well, making both spouses equally liable for debts—even when one spouse was unaware of those debts.
There are many factors, even in a community property state, which can determine the eventual property award; however, having a knowledgeable Texas family law attorney by your side during the entire process could be the single most important thing you can do for your future.
For additional information, see our Divorce Asset Division page.
Child Custody
In a child custody case, it is critical to show the court the that it is in the "best interest of the child" to be in your care and control. The "best interest of the child" is a legal standard in Texas that states courts must consider what is in the best interest of the child when determining conservatorship (custody), visitation, and support. Courts also have discretion to look at other factors in considering what is in the best interest of the child.
Custody arrangements in Texas are called Conservatorships. When a court awards custody of a child, they use terms like Joint Managing Conservator, Sole Managing Conservator, and Possessory Conservator.
For additional information on these custody arrangements and factors courts use to determine the "best interest of the child," see our Child Custody page.
Child Support
To determine the amount of child support and who is obligated to pay child support, Texas courts use a variety of factors. Support can include not only basic support needs but also medical and dental insurance. The standard for support is based on the paying party's net income and must be made to the Texas Support Disbursement Unit (SDU).
For additional information, see our Child Support page.
Modification
Modifications to final divorce decrees, custody agreements, or support orders may be needed for a variety of reasons. In order for a court to modify these orders, the court must find there has been (1) a material and substantial change in circumstances, (2) a child over the age of 12 has expressed a preference on which parent they want to live, or (3) a parent has given up custody, and that the modification would be in the best interest of the child.
Whether your modification is needed to change custody arrangements, alter child support obligations, issue a protective order, or any other reason, we can assist.
For additional information, see our Modification page.
Marital Agreements
Marital Agreements are agreements detailing how property (assets) will be divided up if a marriage ends. The benefit of a marital agreement is the parties will determine how assets are divided up and not have to rely on the court.
There are different types of marital agreements. Pre-nuptial agreements, which most people have heard about, are agreements signed and agreed upon prior to a marriage. Post-nuptial agreements are agreements signed and agreed upon after they are married. Think a pre-nuptial but after you are married.
Whether before you are married or after, marital agreements have benefits that can protect your interests.
For additional information, see our Marital Agreements page.