Getting Divorced in Texas

by | Feb 8, 2022 | Family Law

YOU NEED TO MAKE SOME BIG AND NOT ALWAYS ‘NICE’ DECISIONS IN YOUR LIFE, FOR SOME DECIDING TO DIVORCE FROM YOUR PARTNER IS ONE OF THEM. WHETHER IT IS A MUTUAL DECISION OR ONE-SIDED, THERE ARE MANY QUESTIONS THAT WILL BE GOING THROUGH YOUR HEAD ABOUT FINANCES, CHILDREN, AND EVEN WHERE THE BOUNDARIES LIE.

If you are served with divorce papers, it is important to consult with an experienced family law attorney quickly from the start so your needs and wants are met throughout your divorce proceedings.

Divorce is a complicated matter, with many moving parts, you will come across terms and ‘rules’ that you may have not even considered when deciding to divorce in Texas.

Divorce laws change state by state and can impact areas such as:

  • How to file for divorce
  • Waiting periods Child custody
  • Filing fees
  • Grounds for divorce
  • Distribution of assets

Let’s take a look at some of these.

CHILD CUSTODY IN TEXAS

Several factors determine whether a parent or guardian may file a child custody or support case in Texas, including if the child resides in the state or the child has resided in the state for six months prior to the filing.

 

Texas courts may grant sole or joint conservatorship to parents or guardians with one parent given the obligation to pay child support. Child support is clearly defined in the Texas Family Code, where the party responsible for paying child support pays: 20 percent of his or her net income for one child, 25 percent for two, and it goes up 5 percent for each additional child up to 40 percent.

Child custody orders also determine which parent is the ‘managing’ conservator of the child and which parent only gets possession. Texas has two statutory possession and access schedules, the standard possession order and expanded standard order that dictate the dates and times that each parent spends with the child. Parties may also agree to a customized or modified possession order.

When facing child custody proceedings it can be a painful time, having the right attorney in your corner can decide the future for you and your children. At the Law Office of Ify Ononogbu, we focus on child custody cases in Texas, and depending on the state you are in the proceedings can vary vastly.

Seek help today if you have any questions.

Keira W:

I had a simple child custody/child support case that turned out to be a nightmare and needed representation ASAP. Attorney Ify was very nice and very proactive when working on my case. The entire team was there for me and answered every question I had. Last but not least she gets results! She got us the outcome that was best for me & my child and I’m forever grateful.

DIVIDING ASSETS IN A TEXAS DIVORCE

One of the biggest issues in a divorce can be how assets are shared in Texas. The results could have a very big impact on your life, your future, and essentially what you do after your divorce is finalized. The uncertain economic climate has caused families in Dallas and around Texas to fall into debt, so it is very important to think carefully about what your financial needs are to ensure they are represented accurately in your divorce.

 

Texas is a community property state, which means that all assets acquired during the marriage belong to both spouses. However, in Texas when getting divorced assets don’t need to be divided equally, rather a judge will determine the split which could be anything such as a 60/40 or 30/70 split depending on the specific facts of the case.

The court will consider various factors to determine the division of property including:

  • Is the cause of the divorce adultery or cruelty and what benefits the not-at-fault party
  • The financial condition of each party (debts, savings, stocks, unemployment)
  • Age difference and the parties physical condition
  • The assets in question
  • The disparity in earning capabilities

For example, if one party is a homemaker who does not have a college degree and the other party has a sizeable income but committed adultery, the first party could walk away with a larger share of the community assets.

 

Colt S:

Attorney Ify and her team were extremely professional, courteous, and thorough in every aspect of my very drawn-out and unnecessarily difficult divorce case. She holds herself in a very professional manner in court and does her absolute best to be your advocate in every manner possible.

We put our clients’ needs first in Contested and Uncontested Divorce cases. We are committed to understanding your circumstances and ensuring you receive the highest quality of representation possible during your divorce in Texas. Attorney Ify is an experienced family law attorney who is skilled in complex divorce cases and ensures that you receive the best possible outcome, book a consultation to discuss your situation and plan.

ALIMONY AND SPOUSAL SUPPORT IN A DIVORCE IN TEXAS

When deciding to divorce, you may be wondering what support you can receive once divorced. In Texas, there is no strict law that outlines an automatic presumption that either party will walk away from the divorce paying or receiving alimony (spousal support or spousal maintenance).

In the case of an uncontested divorce, where you and your spouse come to an agreement, you may choose to include arrangements for the payment of spousal support.er

For contested divorces in Texas, where the divorce goes to trial and an out-of-court settlement does not happen, one party may include a demand for spousal support in their terms for the divorce. In this situation, a judge will make the decision on whether to grant the spousal support or not.

If you have a prenuptial or postnuptial agreement in place, which includes terms for spousal support in the case of divorce these will also be considered

As spousal support/alimony is not compulsory in Texas divorce proceedings, if you are wanting to include it in your terms make sure you have the right family law attorney representing you, fighting in your corner.

At the Law Office of Ify Ononogbu we are experienced in complex divorce cases and ensure that our clients receive the best possible outcome in their Texas divorce case. Get in touch today. Virtual and in-person consultations are available in Dallas, Texas with Attorney Ify.

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