Pearland, TX Divorce Lawyers

Issues at Stake in a Texas Divorce Proceeding

Though every case is different, you can expect to address the following factors through the divorce process:

1. Division of Property: In a community property state like Texas, assets are characterized by what was acquired before and after the parties married. Only property the couple receives or otherwise procures during the marriage will be divvied up in divorce. The law requires an equitable division of all community real estate and personal property, which may not mean an exact, 50-50 split, but is a just and right division.

2. Spousal Support: The Texas Family Code uses the term “spousal maintenance” to refer to what is commonly known as alimony, but the underlying concepts will probably be familiar. When one party requires financial support to maintain a reasonably comfortable lifestyle, a court will require the other to pay post-divorce maintenance. There are numerous factors involved with determining the amount and duration, and the division of assets may play a role.

3. Custody and Visitation for Minor Children: The child’s best interests are the paramount factor regarding care for minor children. However, the law presumes that this standard is met when both parents have joint custody regarding decision making and equal access to the child. Each will be named as a joint managing conservator, and the non-residential parent has possessory conservatorship – i.e., visitation rights. The Texas Family Code follows a Standard Possession Order that dictates how much time each parent conservator typically has with the child.

4. Child Support: Texas applies a statutory formula for calculating child support, which the parent with possessory conservatorship pays to the primary parent conservator. The child support obligation is determined by calculating a set percentage (based on the number of children) against the obligor’s net monthly income.

Options for Resolving Divorce-Relating Issues

A divorce is a legal proceeding, but that does not mean every aspect of the four above issues must be decided in court. If parties can compromise on property division and spousal support, they can draw up an agreement on the details. The judge will usually not disturb it unless unfair to one party. You can also create a co-parenting agreement on custody and visitation, though the court will review it through the child’s best interest factors. As a statutory requirement, the child support formula cannot be altered by informal agreement but may be agreed to in mediation.

When parties cannot agree on some or all divorce issues, the court must make a determination on them after conducting a hearing. At any hearing or trial, you will have the chance to testify, present witnesses, and introduce evidence. After the judge reviews facts from both sides, he or she will enter a decision through the application of Texas law and the Texas Family Code.

In addition to the options mentioned above, it is important to note that parties going through a divorce also have the option of utilizing alternative dispute resolution methods to resolve their issues. Mediation, for example, allows couples to work with a neutral third-party mediator who assists them in reaching mutually acceptable agreements. This approach can promote open communication, cooperation, and creative problem-solving. Collaborative divorce is another option where both parties, along with their respective attorneys, commit to resolving conflicts outside of court through a series of meetings. These alternative methods can often lead to more efficient and less adversarial outcomes, allowing couples to maintain greater control over the decision-making process and reduce the emotional and financial costs associated with a traditional court battle.

Comprehensive Legal Services in Divorce Cases

Our Pearland divorce attorneys at The Ramos Law Group, PLLC handle all issues that arise in Texas divorce proceedings, so we are prepared to fight for your rights related to:

• Contested divorce hearings;
• Negotiating, drafting, and reviewing agreements in connection with uncontested divorce;
• Managing conservatorship and possessory conservatorship proceedings;
• Enforcement and modification of court orders, including custody, visitation, spousal maintenance, and child support;
• Complex asset issues involved with high net worth divorce; and,
• Medical professional divorce, which can be complicated when one of the most valuable marital assets may be ownership interest in a business and/or medical license.