In accordance with Texas Laws, a waiting period of 60 days is required. However, the divorce may take longer if the parties are trying to work out the terms of the divorce, such as custody of children, child support, property division, etc. If an agreement is not reached, either party may schedule a hearing at […]
Both parents should agree on which party will get primary custody and which will get visitation. If both parties are unable to come to an agreement a judge will rule based on the evidence presented and the best interest of the children. Both parents have the same legal rights to the children until there is […]
When it comes to divorce, some states recognize property between a husband and wife as community property. Only certain states permit this type of joint ownership, and Texas is one of those states. This means that both you and your spouse have an undivided one half interest in all the property that you’ve acquired and […]
Generally, separate property is property that was either owned by the spouse before marriage, acquired by gift / inheritance, or certain kinds of recoveries for personal injuries.
All property acquired during marriage by either spouse is presumed to be community property, and a spouse who asserts that particular property is separate property must prove its sole ownership.
Child Support guideline percentages, based on the number of children. The following percentages are presumed to be appropriate under the Texas Family Code: 1 child 20% of the obligor’s net resources 2 children 25% of the obligor’s net resource 3 children 30% of the obligor’s net resources 4 children 35% of the obligor’s net resources […]
A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been: (1) a domiciliary of this state for the preceding six-month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day […]
Texas law recognizes both “no-fault” and “fault” divorces. A no fault divorce is a divorce that is granted without the spouse who initiates the divorce having to allege and provide marital misconduct on the part of the other spouse. On the other hand, a fault based divorce is a type of divorce in which the […]
While the divorce case is pending, temporary spousal support is certainly one option. Temporary spousal support may be awarded at a temporary orders hearing. While there are no guidelines with regards to setting temporary spousal support, the party seeking support should be prepared to show what his/her needs are and what resources are available to […]
If restoring your last name to what it was prior to your marriage is what you want, you may request to do so in the divorce decree. It is important to know that a change of one’s name does not release that person from liability incurred by the person under a previous name or defeat […]