Can You Walk Me Through The Divorce Process In Texas?
The first step in the divorce process is determining where to file your reports, which will likely be in the county where you live. You have to have lived in the county for six months 90 days prior to filing. If you seek the services of our firm, we will provide you with a questionnaire to complete. From that questionnaire, we will generate an original petition and file it with the proper court within a certain timeframe. You will be required to appear in court and demonstrate that the other party in the divorce is aware that you have filed a petition. That can be done by having your spouse sign a waiver indicating that they are aware that you have filed for divorce. Alternatively, they could be served.
Next, there might be temporary hearings to determine which party will keep which assets, and to determine preliminary custody issues. If an agreement is reached, then the divorce can be finalized after 60 days have passed. If there are contested matters involved, then there will usually be mediation and discovery before the final hearing. If you and your spouse reach an agreement at any point before, during, or after mediation, then we can enter the final decree for divorce. If an agreement cannot be reached, then you will need to go to trial.
Which Party Generally Has To Pay Spousal Support Or Alimony In A Divorce In Texas?
Spousal support and alimony are somewhat limited in Texas, and the person who will have to pay it will depend upon the circumstances of the case. If the marriage lasted more than 10 years and you were primarily the homemaker, then you’d qualify for alimony. The general rule is that you can receive one month of alimony for every year that you were married, but there are some exceptions to that. For example, if you are disabled and unable to work, or if you have to care for a disabled child, the analysis would be different. Once you’ve filed for divorce and separated from your spouse, the court will grant a certain amount of temporary support until the divorce is finalized.
Can The Amount Of Alimony Or Spousal Support In A Divorce Ever Be Changed?
While we often see changes in child support, we don’t often see changes in alimony. The amount of child support will likely be adjusted if you or your ex-spouse gets a better job, fails to follow the visitation schedule, or if your children develop a disability that mandates more support.
What Are The Different Types Of Custody And Visitation Arrangements In Texas?
One type of custody arrangement in Texas is referred to as standard possession, which means that you would have the children the first, third, and fifth weekends, starting at six o’clock on Friday and ending at six o’clock on Sunday. In Arizona, there is also an expanded standard schedule, which adds several days to the standard possession order. If you and your ex-spouse show that you can co-parent and cooperate, then a fifty-fifty schedule might be implemented, whereby you would trade off having the children every other week. There is also what’s referred to as a 223, which means that you or your ex-spouse would have the children on Monday and Tuesday or Wednesday and Thursday, and you would alternate weekends.
Who Pays Child Support?
The party who usually pays child support is the party who keeps the child less of the time. In most cases, the party who has the right to designate where the child lives will receive the child support, which is based on a formula.
How Is The Amount Of Child Support Determined Or Calculated?
The amount of child support is determined by the other party’s net income, which is the amount they take home once taxes have been deducted. For one child it would be 20 percent, for two children it would be 25 percent, and for three children it would be 35 percent. If you have children separate from the marriage, then a different formula would be used to determine the amount of child support. A separate child would generally account for 17.5 percent of the net available resources.
How Does Texas Handle The Separation Of Assets And Debts In A Divorce?
The division of assets has to be done fairly and equitably, which does not necessarily mean fifty-fifty. If your spouse is a pharmacist and you are a lab technician who primarily takes care of the children, then you would potentially receive more assets.
For more information on Divorce Process In The State Of Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 532-5666 today.