Divorce - How it Affects Every Member of the Family (Including the Dog!)
When a person considers divorce, there are many different factors that must be taken into consideration. And on top of those factors lay nuances and multiple facets.
Questions such as What does the process entail? How will I survive? How will I pay the mortgage? Who will get the stuff?
More importantly, who will the kids live with? Will the kids have to change schools? Who will make important decisions for the kids such as medical and educational? So many questions.
Luckily a great family law attorney can help you figure out the answers to these questions and many more. Here are the top 10 questions you may have when considering divorce in Texas:
1. Do you need to have grounds for divorce?
In Texas, you do not need grounds for divorce. Texas is a no-fault state, so if you want to get divorced, you can file on the grounds of insupportability, and there does not need to be any fault in the breakup of the marriage. You do not need to prove that your spouse did anything wrong in order for a judge to approve a divorce. Most divorces in Texas allege insupportability, which means there is a conflict of personalities and the parties do not get along.
How do I start the Divorce Process?
Your first step should be to consult with a family law attorney, who can explain the process to you and help guide you every step of the way. You will need to consider what types of property you have, custody arrangements, child support, insurance, and spousal support. The lawsuit will begin once your attorney files the petition for divorce.
Is there legal separation in Texas?
Simple answer No, Texas does not have any type of legal separation.
Can I get support while we are going through the divorce?
If there is a disparity in the income of the parties, and one party can show a shortfall of income, that party can request a temporary order hearing, and ask the judge to order some temporary spousal support, while the lawsuit is going on.
What is Community Property and what is Separate Property?
Texas is a community property state, so everything is presumed community property. The person who believes he/she has separate property must prove that it is separate property. The items eligible to rebut the community property presumption are items owned before marriage, items that were a gift, and items that were an inheritance.
The person claiming the separate property has to prove with clear and convincing evidence that it was owned before marriage, or was a gift, or was an inheritance. A judge can distribute community property, but a judge has no discretion to distribute separate property. So once you prove your separate property, it cannot be taken from you by a judge in a divorce proceeding.
Do I have to go to Mediation?
Many courts require mediation. For example, Harris County requires mediation in every case in which custody is an issue. Mediation is required before any hearings, including hearings for temporary orders.
However, family law mediations are unique because the parties do not usually see each other. Party A is in one room with his/her attorney, and party B is in a room with his/her attorney, and never the ‘twain shall meet. Instead, the mediator goes back and forth between the two rooms, helping broker an agreement between the parties.
They say you know it is a good mediation when everyone leaves unhappy. Because agreement requires compromise.
What does typical Possession and Access look like?
Typically, the non-custodial parent gets the children on the first, third, and fifth weekends of the month, and parents split up the holidays.
How much Child Support can I get?
In Texas, child support is clearly defined in the Texas Family Code. These guidelines provide that the custodial parent receives 20% of the net income of the non-custodial parent for one child, 25% for 2 children, and 30% for three children, 35% for four children, and 40% for five or more children. This child support can be deducted from the non-custodial parents paycheck.
Can I get Alimony?
No, Texas does not have the term alimony. In rare situations, one party may get Spousal Support for a period of time, but this is not the norm, and a person will only qualify for this if they cannot meet their minimal reasonable needs and lack sufficient earning ability.
How long does the Divorce process take?
In Texas, there are statutory waiting periods for divorces. Therefore, it takes a minimum of 60 days before a judge will sign the order granting the divorce. Additionally, one of the parties has to have been a resident of Texas for the preceding six months and a resident of the county where the divorce is filed for the preceding 90 days. However, the entire process is not usually wrapped up in 60 days. The normal time frame is 6-12 months.
Even though divorce affects every family member including the dog- kids and dogs are resilient. An experienced family law attorney can help guide you every step of the way through your divorce.
Let Penning Law, PLLC answer all those questions and more. We can help you navigate the entire divorce process, from petition to final decree. Contact Us
Heather is currently a member in good standing of the Real Estate, Probate, Trust and Family Law sections of the State Bar of Texas. Heather is also certified by the State Bar of Texas to represent litigants and proposed wards in heirship and guardianship proceedings.
