Knowing the Major Stakes at Play
When preparing for a divorce, it’s important to have an understanding of the various issues that may be discussed, depending on the unique factors surrounding your case. Knowing each of these items can help you prepare for the proceedings as well as life after divorce.
Here are some of the major issues that may play a part in your Texas divorce.
When going through a divorce, you and your spouse will end up dividing the property acquired throughout your time as a married couple. Texas is a community property state, meaning only property acquired during the marriage is up for division in a divorce.
Texas law requires that property be distributed in a manner that is “just and right.” Roughly translated, this means that property must be divided equitably between the spouses and not necessarily an equal division. Judges can divide property based on various factors, including the health of each spouse, the wealth of each spouse, and the future earning potential of each spouse.
While Texas uses the term “conservatorship” rather than child custody, this important issue must be decided in a divorce. Texas divides conservatorship into managing and possessory conservatorship. Managing conservatorship provides a parent the right and responsibility to make decisions on behalf of a child, whereas possessory conservatorship refers to the parent with whom the child resides.
In any case, a judge will award conservatorship based on what meets a child’s best interests. There may be other factors that influence the decision, but this factor ultimately trumps the others.
Every parent is responsible and obligated to support their child financially and meet their needs, even after a divorce. One parent, usually the non-possessory conservator, may be ordered to pay child support payments in a divorce. Child support is determined based on numerous factors, most notably each parent's income.
If one parent is ordered to pay child support after a divorce, those payments must be made; if payments are missed, then the other parent has the right to seek enforcement of those payments with the courts.
Work with a Texas Divorce Attorney
Divorce in Texas can be complex at times, and knowing how best to proceed in each area can be challenging to try and attempt on your own. Working with an attorney who understands Texas divorce law can be a great asset to your case. At Young Law Firm, we are dedicated to helping you throughout each step of the divorce process and working to protect your rights as we find the best possible outcome.