Let’s face it. Families can be complicated, and sometimes it just doesn’t work out the way you would have liked. It is important to talk to attorneys that have your best interest in mind when handling all scenarios with family law. We’re sensitive to the delicacy of divorce and the effect that it has on your family and children, so we work to make the process as seamless for you as possible.
Because there is a lot of different variations depending on the details to your divorce, we highly recommend speaking to an attorney to make sure you know all the ins and outs to how to handle your situation. To file for divorce in Texas, you must have lived in Texas for at least the last six months and in the county where you plan to file for at least the last ninety days. Since the process will generally take at least 60 days due to the waiting period, you’ll have time after filing the Original Petition to work out the details.
When you and your spouse have already worked all the details and agree about all issues, the divorce can be settled by an agreement as an uncontested divorce. While this is the best case scenario, we know it is not always so simple.
If an agreement can not be reached, then it is a contested divorce and the Court will make the final decisions. These decisions usually involve:
In Texas all property that was acquired during the marriage is presumed to be community property and must be divided. There are types of property which are excluded from community property which includes: gifts, inheritance and personal injury claim recoveries. Any property that was owned prior to the marriage must also be addressed. Finally, the issue will be to determine what is a “just and right division” of property based on all facts.
The most challenging issues are: determining who is the custodial parent of the children, where the children will live, terms of visitation for the non-custodial parent and the amount of child support to be paid.
Child support payments are based on a percentage of the paying parent’s net resources and the number of children. Judges will use a fixed formula for determining support however, other factors may apply to change the amount of child support to be paid.
Temporary Orders on Property, Spousal Support and Child Support
The residence, amount of child support and amount of spousal support can be awarded on a temporary basis while the divorce is pending.
After a Divorce and Post Divorce Proceedings
After a divorce, circumstances may change to where you need to take action. These include:
• Modifications of Divorce Decrees and Orders
• Changing the amount of Child Custody or terms of Visitation
• Changing or Enforcing Child Support
A change in circumstances of the parents or child can create a need to change the terms of a Divorce Decree. These include changing which parent has right to determine where the child lives, changing the terms of visitation, changing the amount of child support.
A substantial change in the income of one party, the relocation of a parent or a child expressing interest to live with the other parent may require a modification of the existing orders. These changes may call for an increase or decrease in child support, a change of custody or revision of the terms of visitation arrangements.
Child Support Enforcement
Child Support: if a party is not paying Court ordered child support, it may be necessary to seek Court intervention to collect all the unpaid child support that a party was ordered to pay.