Divorce is never an easy decision to make from a personal standpoint, but the process itself can be far more complicated than you ever anticipated in the legal sense. Even when you can agree on the main issues that must be addressed in a divorce, there are requirements under the Texas Family Code that many couples may not have considered. If you and your spouse are unable to reach a compromise on any issues stemming from the divorce (including child and property issues), then the Court will make a determination. Through either scenario, your circumstances can be overwhelmingly complex.
Fortunately, you can gain peace of mind by retaining our experienced attorneys at The Ramos Law Group, PLLC to shoulder the legal burdens. Our team is knowledgeable in Texas divorce laws and proceedings, so we will advocate on your behalf to obtain the best possible outcome. Please contact our office today to schedule a consultation with one of our Pearland divorce lawyers. Some information about the divorce process may also help you understand what to expect.
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.
Discuss Your Case With A Pearland Divorce Lawyer
This summary of Texas divorce laws gives you a general idea of how the process works, but the proceedings are far more complex in a real-life situation. Considering the very personal, emotional issues at stake, it is wise to trust our divorce attorneys in Pearland at The Ramos Law Group, PLLC to fight for your rights. For more information on how we can assist with your divorce case, please contact our office in Pearland, TX right away. We can set up a consultation to review your circumstances and determine the next steps.
Our Client Testimonials
The decision to end my 25-year marriage was not an easy one, but hiring the Ramos Law Group was. From the initial consultation to the execution of the Divorce Decree everyone at the firm displayed the utmost professionalism and I was treated as if I was their only client. My attorney Lindsey, always provided precise legal guidance, was usually one step ahead of the opposing counsel, and had a superb understanding of how things would play out in the court room. Additionally, whenever my case needed a little extra horsepower, Mary provided that "surge" to keep things on track.
"Ms. Ramos and her entire staff worked with professionalism and compassion to guide me through the most difficult time of my life and to an outcome that was best for my family and myself. Ramos Law is incredible and I highly, highly recommend their services."
"I was recommended to see Mary Ramos for my on coming custody case,it was the best thing I could've done honestly.The Ramos law group was quick with emailed responses and telephone calls,informative with ANY questions I had and they also took action with what they thought would work,which it did,I had money troubles and they were still willing to help they sent me with a younger lawyer Lindsey Lewis to help save some money and she was the best!She knew what she was doing and Mary was still on my case to make sure things went smoothly and to catch any details Lindsey and I might have missed.All in all I am a very satisfied client and if I ever needed a family lawyer again I would come back.My case was won as I received primary for my daughter which is exactly what I asked for.If you're willing to listen to what they have to say and follow their guidance they're definitely worth hiring.I thought I wanted sole custody for my daughter and they explained that wasn't in the best interest for her and honestly they were right,they speak to you on a professional level and also a real level of how things are actually going to work and what could happen if you take a certain action.They definitely care about their clients and make their own bond with you,you're not just money in their pockets you turn into family. "
"I received excellent advice and representation from Ms. Lindsey Lewis. She kept me updated at every step of the process, and I never felt as if my case was set aside. I would hire The Ramos Law Group in the future. "
"I started my divorce with a lawyer who was not very responsive. My divorce case was complicated and needed more laborious scrutiny. Since the case was not moving forward I had to switch lawyers. Made the switch to Ramos Law group. Since the very first day Mary and her team have been very efficient and meticulous. Since the case was complicated the team had to go through myriads of pages in discovery. I was pleased with the legal team that helped us handle the paperwork in a very timely manner. All my questions were answered very promptly. The relay of information was easy with their software system. We finally had a law firm that we could trust. My divorce was finalized and I only have Mary and her team to thank for going through a difficult divorce. I would highly recommend the Ramos law group for their help and support for getting my life back on track. "