Texas is a “no-fault” divorce state. This means you do not need to prove that the other part did something wrong in order to get a divorce. The most common “no-fault” ground for divorce is insupportability. This means that the marriage has become insupportable because of a conflict in personalities that prevents any reasonable expectation of reconciliation. While you do not need to prove fault to get a divorce, you can still claim one of the fault grounds for divorce such as adultery, cruelty, or abandonment for the purposes of determining child custody or distribution of property.
Texas is a community property state. This means all property owned at the time of divorce is presumed to be community property owned equally by both spouses unless a spouse can prove otherwise by clear and convincing evidence. It also means debt acquired by either spouse during the marriage is owed by both spouses. Wages earned by either spouse during the marriage and items bought with those wages are community property.
Property owned before marriage or acquired during the marriage by gift, inheritance, or as part of a personal injury settlement is separate property. To establish property is separate you need to provide records that show this.
A court can divide property in any way they feel is just and right. Although courts typically will divide property as evenly as possible, property does not have to be divided equally in a divorce. One spouse may get a larger share based on the facts of that particular case.
Texas does not have “alimony” but does allow for spousal maintenance in certain circumstances. Typically, this applies when the parties have been married for at least 10 years, and one party has been the primary breadwinner while the other party has not worked much, if at all. Usually the court will only order spousal maintenance for the shortest amount of time necessary, until the spouse receiving support can provide for his or her minimum reasonable needs.
The Courts can also order “temporary spousal support” while a divorce case is pending, where any income over what is reasonable and necessary may be split between the Parties.
Without a court order, each parent is free to take the child at any time. A court order creates legal custody which is called “conservatorship”.
A court will usually name parents “joint managing conservators”, meaning that they will share decision-making authority about most issues including healthcare and education. In most joint conservatorships, one parent is called the “custodial parent” and will have the exclusive right to decide where the child lives. The child usually lives primarily with the custodial parent. Time between parents can be split equally but does not have to be. A possession order will state when each parent has the right to time with the child.
In certain circumstances where family violence, abuse and neglect, or substance abuse are present, a court can only give one parent “conservatorship”, making this parent the “sole managing conservator”. The other parent will be named a “possessory conservator”, and will still have the rights of a parent and access to the child, but will not have the decision-making power of a conservator. In this situation, a possessory conservator may have limited, or supervised, periods of possession of the child.
Child support is calculated based on a percentage of net income from all sources and the number of children needed to support. The calculation for child support begins at 20% of the gross income, taking into consideration standard deductions and the cost of medical and dental insurance for the child. Employers are required to withhold child support and any ordered medica
You will have to wait a minimum of 60 days between the date the divorce is filed and the date the divorce is granted, however, most divorces take much longer than this, especially if you and your spouse do not agree on certain issues. While the divorce is pending the court can enter temporary orders for child support, custody, use of property, and other issues.
A divorce decree can be modified, but only when there has been a “material and substantial” change in circumstances since the decree. However, it is difficult to modify an order within the first year following the divorce or entry of a final custody order and requires a risk of significant harm to the child. Parties will most commonly modify because of changes in financial or personal circumstances. Modifications of child support and custody are always considered as to whether they are in the best interest of the child.
Child support may be modified when there has been a material change in income of either of the parties, or if the child’s expenses have materially changed. Child custody may be modified because of schedule changes, relocation, or if one parent has become unfit or dangerous.
If your spouse is found to be hiding assets, the court can order them to pay you a greater portion of the marital estate to compensate for this. An attorney can help uncover hidden assets through the discovery process
If the business is your separate property (property owned before marriage or acquired by gift or inheritance), you will need evidence to show this. If you mix assets between your business and other accounts, the business may become community property even if it was originally separate property. One way to protect your business is to ensure you do not mix these assets. If the business is community property (property acquired during marriage), it may be subject to division between you and your spouse.
Consult with an attorney who can answer questions and give you information on your legal rights and responsibilities. An experienced attorney will help you prepare for the divorce process, protect and advocate for your interests, and guide you through each step of your case until the divorce is finalized.
Collect and organize all documents relating to income, employment, real estate, financial accounts, insurance policies, debts, taxes, titles to property, retirement, children, and communication with your spouse. Create an inventory of marital property and any separate property you have. This information will be important when dividing you and your spouse’s assets.
Plan ahead for what your life after divorce will look like. Consider your finances, your living situation, and your children. Establish your own credit if you don’t already have your own checking account. This will make it easier for you to make your own purchases after sharing credit with a spouse for a long time. Establish a strong support system that will help you through all the life changes that come with divorce. And give us a call, we’re happy to help you navigate this process, from beginning to the end.
We offer virtual consultations to accommodate your schedule and preferences. During your consultation, we will listen to your story, assess your legal needs, and discuss how we can work together toward a resolution.
Specializing in Family Law and Estate Planning, our firm combines years of legal expertise with a deep understanding of the emotional complexities our clients face. Whether guiding you through the intricacies of divorce, child custody, adoption, or securing your legacy through estate planning, our commitment is to deliver solutions that are both empathetic and effective.