Frequently Asked Questions
Family law encompasses a wide range of legal issues involving marriage and children.
Common questions include topics such as divorce proceedings,
child custody and support, alimony, and property division.
How Will Property Be Divided in a Divorce in Texas?
In Texas, property division during a divorce follows the community property model. Here's how it works:
1. Community Property:
- All assets acquired by either spouse during the marriage are considered community property.
- This includes real estate, businesses, cars, money, retirement accounts, furniture, and other items earned or purchased during the marriage.
- It doesn't matter which spouse's earnings were used to acquire the property or whose name is on the title.
- Community debt (acquired during the marriage) is also part of this division.
- The goal is to divide community property "just and right," which doesn't necessarily mean a 50/50 split.
2. Separate Property:
- Separate property includes:
- Property owned or claimed by one spouse before the marriage.
- Gifts or inheritances received during the marriage.
- Money received for personal injuries during the marriage (excluding lost wages or medical expenses).
- Stock dividends and capital gains on separate property investments.
- Separate debt (acquired before the marriage) cannot be divided.
- A spouse must prove something is separate property by "clear and convincing evidence" unless both spouses agree.
Remember, exceptions exist, so consulting with a lawyer is essential for personalized advice.
How Is Child Support Calculated in Texas?
In Texas, child support is calculated based on the net income of the non-custodial parent (the parent who does not have primary custody). Here’s a breakdown of how it works:
1. Determine Net Income:
- Net income includes all sources of income (salary, wages, bonuses, commissions, etc.) minus certain deductions like federal income tax, social security taxes, state income tax, union dues, and health insurance premiums for the child.
2. Apply Percentage Based on Number of Children:
- The percentage of net income that goes towards child support depends on the number of children:
- One child: 20% of net income
- Two children: 25% of net income
- Three children: 30% of net income
- Four children: 35% of net income
- Five or more children: 40% of net income.
3. Adjustments and Considerations:
- If the non-custodial parent has other children to support, the percentages may be adjusted.
- The court may also consider additional factors such as the child’s needs, the parents' financial resources, and any special circumstances.
When Is the Right Time to Hire a Family Lawyer?
If you're facing family disputes, hiring a family law attorney can be crucial. Here are some situations where their expertise can make a difference:
1. Divorce: When you decide to pursue a divorce, it's essential to hire a family attorney. They'll guide you through the process, handling matters like child custody, alimony, and property division¹.
2. Disagreements Over Assets or Children: If there are disagreements regarding assets or child custody, a lawyer can advocate for your rights and help negotiate a fair resolution².
3. Complex Financial Situations: In cases involving retirement benefits, tax considerations, or intricate finances, legal assistance becomes necessary².
Remember, having a family lawyer in your corner ensures that your rights are protected during emotionally challenging times.
How Do I Get an Uncontested Divorce?
To obtain an uncontested divorce in Texas, follow these steps:
1. Eligibility:
- You and your spouse must agree on all aspects of the divorce, including property division, child custody, and support.
- You should meet the residency requirements (at least one spouse must have lived in Texas for six months before filing).
2. Petition for Divorce:
- File a "Petition for Divorce" with the district court in the county where you or your spouse reside.
- Include details about your marriage, children (if any), and property.
3. Serve Your Spouse:
- Serve your spouse with a copy of the filed petition.
- They have 20 days to respond.
4. Agreement and Waiver:
- If your spouse agrees to the divorce, they can sign a "Waiver of Service" form.
- Draft a "Final Decree of Divorce" that outlines the agreed-upon terms.
5. Court Appearance:
- Attend a court hearing (usually brief) to finalize the divorce.
- Present your agreement to the judge.
6. Finalize the Divorce:
- Once the judge approves, the divorce is finalized.
- Obtain a certified copy of the divorce decree.
Remember, legal advice is essential during this process. Consult an attorney to ensure everything is handled correctly.
Will Family Mediation Work in My Case?
Family mediation can be a valuable approach to resolving disputes during divorce or other family-related issues. Below will give you some insight on the structured process of mediation.
Here's how it works:
1. Neutral Mediator:
- A trained mediator facilitates communication between you and your spouse.
- They remain neutral and don't take sides.
2. Voluntary Participation:
- Both parties voluntarily participate in mediation.
- It's less adversarial than going to court.
3. Identifying Issues:
- The mediator helps identify key issues (property division, child custody, etc.).
4. Negotiation:
- You and your spouse discuss solutions.
- The mediator guides the conversation.
5. Agreement:
- If you reach an agreement, it's documented.
- You can then proceed with an uncontested divorce.
6. Benefits:
- Cost-effective
- Faster than litigation
- Allows creative solutions
Remember, mediation works best when both parties are willing to cooperate. Consult a family law attorney to explore whether mediation is suitable for your specific case.
What Should I Look For in a Family Law Attorney?
When choosing a family law attorney, consider the following factors:
1. Experience & Competence:
- Look for an attorney who specializes in family law and has a proven track record of handling cases similar to yours.
- A seasoned attorney will be well-versed in the intricacies of family law and will know how to navigate the complexities of your case¹.
2. Good Approach to Cases:
- Understand how the attorney would handle your specific case.
- Ask about their strategy—negotiation, litigation, or mediation.
- Clarify their level of involvement in decision-making during the process.
3. Positive Attitude:
- Seek a lawyer who shows empathy, understanding, and patience.
- Honest conversations and exploration of different options are essential.
- A positive attitude and good listening skills are invaluable.
4. Organization & Communication Skills:
- Effective communication is crucial.
- Ensure the attorney can communicate with both parties and handle legal documents.
- Organization skills are essential for accurate documentation¹³.
Remember, finding an attorney who meets your needs in terms of experience, approachability, and attitude is essential for a successful legal representation.
What Are The Grounds For Divorce?
In Texas, there are seven grounds for divorce:
1. Adultery: When one spouse engages in intimate relationships outside of marriage voluntarily and without the other partner's support or encouragement.
2. Abandonment: If one spouse leaves the other with the intention of abandonment and remains away for at least one year.
3. Felony Convictions: A divorce can be granted if one spouse has been convicted of a felony, imprisoned for at least one year, and not pardoned.
4. Cruel Treatment: Divorce may be granted if one spouse is guilty of cruel treatment that makes living together insupportable.
5. Insupportability: When the marriage becomes insupportable due to discord or conflict of personalities, preventing reconciliation.
6. Separation: If spouses have lived apart without cohabitation for at least three years.
7. Mental Incapacitation: If one spouse has been confined in a mental hospital for at least three years, and adjustment is unlikely or relapse is probable⁴⁵⁶.
Remember, legal advice is essential during divorce proceedings.
What Are Temporary Orders?
Temporary orders in a Texas divorce are crucial for addressing urgent matters while the case is pending. These orders provide stability and ensure the best interests of children and financial needs are met. Here's how to obtain them:
1. File a Motion: Request temporary orders by filing a motion with the court, specifying the orders you seek.
2. Judge's Approval: Wait for the judge to sign your request and schedule a hearing.
3. Serve Your Spouse: Serve your spouse with the motion and the order to appear for the hearing¹².
Remember, consulting with a family law lawyer is essential during this process.
What Is A Protective Order?
A protective order is a legal directive issued by a court to safeguard an individual from harm or harassment. These orders are often used in cases involving domestic violence, stalking, or other forms of abuse. Here are some key points about protective orders:
1. Purpose: They are designed to prevent one party from approaching or contacting another, often within a specified distance¹².
2. Types: There are different types of protective orders, including emergency protective orders, temporary ex parte protective orders, and permanent protective orders¹.
3. Enforceability: Violations of protective orders can lead to criminal charges¹.
4. Duration: The duration of a protective order can vary, but in some cases, they can last up to ten years¹.
Protective orders are crucial for ensuring the safety and well-being of individuals who may be at risk of harm. If you need more specific information or assistance, it's always a good idea to consult with a legal professional.
Is there a particular situation or detail you're curious about regarding protective orders?