The divorce process is complex, involving major issues such as child support and custody, businesses, and valuable properties. To help you make sense of the process and navigate court procedures, we highly recommend that you hire an experienced divorce attorney. With that being said, let’s take a look at the most common issues that arise in a Texas divorce case.
Separating Property. In a divorce, there is a possibility that your house, car, and bank accounts could be awarded to your spouse. Texas is a community property state, which means that all property acquired during marriage is community property and will be divided between the parties during divorce. Whoever paid for the property or whose name is on the title does not matter. Courts preside over community estate division in a “just and right manner”. In many cases, this results in close to a 50-50 split, but with the help and support of a skilled divorce litigation attorney on your side, your share in the division could be higher.
Alimony. In a Texas divorce, alimony or “spousal maintenance” is often a highly disputed issue. Alimony consists of regular payments given to one spouse as aid or support during the uncertain period after a divorce. Generally, alimony does not last indefinitely. In Texas, court-ordered alimony is awarded to last within the “shortest, reasonable time” and can last up to 5-10 years at most. To be entitled to alimony, a spouse must be able to prove that the marriage lasted for at least 10 years, family violence was present, the spouse has a disability, or one of the children has a disability.
Child Support and Custody. Usually, child support in Texas is calculated based on a state law formula. Your monthly net resources is determined by subtracting your monthly expenses from your income. Then, your monthly net resources are multiplied by a number set in statute, using the number of children you will be supporting. 25% is the multiplier for two children. The court will also consider other necessities of the children and the ability to earn and provide support by the parents. On the other hand, child custody somewhat varies. The “standard possession order” is the default. This order gives one parent custody during Thursday evenings and on the first and third weekends of every month, while the other parent gets custody at all the other times. However, the parties can also agree on a 50-50 split or other modifications on the schedule.
Divorce cases may have similar issues, however, there is no clear-cut or fixed answer that will satisfy all issues related to divorce. Simply put, no two divorces are identical. Each of the three most highly contested issues listed here could get more complicated. If you are thinking of getting a divorce or if you think your spouse may file, please consult one of our Texas divorce attorneys. We will help you prepare for your case by crafting a unique strategy that addresses your specific needs. Schedule your consultation today to get started.