If you’re contemplating divorce or currently a party to a Texas divorce case, you’re no doubt feeling overwhelmed by the complicated maze of statutes, legal requirements, and court rules. While attempting to navigate the divorce process, you may also be going through a significant amount of emotional turmoil. When you consider the importance of the legal issues at stake in the context of your rights, you’ll soon realize that skilled representation is essential.
You can trust our team at The Ramos Law Group, PLLC to protect your interests throughout every stage in a divorce case. Our attorneys strive to help you succeed in meeting your objectives, as we’ve got decades of combined experience advocating on behalf of clients in an array of divorce-related matters. Please contact our office to set up a consultation with a divorce lawyer in The Woodlands today. You might also benefit from reviewing some general information.
Key issues in a Texas Divorce Case: Every divorce matter is different, but many parties will address one or more of the four key issues through the process.
- Asset Division: Texas is a community property state, which draws a line between assets acquired before and after the wedding date. All property a couple receives, buys, or procures during the marriage will be subject to equitable distribution in divorce, including the family residence, bank accounts, vehicles, collections, and many other items of real and personal property.
- Spousal Maintenance: Commonly known as alimony, there may be reasons to consider spousal support that one spouse will pay to the other. There are numerous factors that pertain to an award for spousal maintenance, which generally factors in the recipient’s ability to become self-sufficient. Another consideration is whether one spouse gave up significant education and/or employment opportunities to support the other spouse and family.
- Child Custody and Visitation: Texas uses the child’s best interest standard when it comes to custody and visitation, referring to these arrangements as managing conservatorship and possession respectively. The legal presumption is that both parents should have input on important decision making and equal time with the child.
- Child Support: There is a statutory formula for determining the amount a non-primary parent pays to the primary parent for the child’s support and benefit. The calculation is based upon income, the child’s needs, and other factors.
The Legal Process of Texas Divorce: As with any legal matter, divorce requires filing documents and periodic court appearances. However, not all divorce proceedings involve a contentious, drawn-out court battle. If the parties can reach an agreement on asset division and alimony, the court will typically not disturb it unless it’s manifestly unfair. Parents can even work out an agreement on child custody and visitation, though the judge still must review it to ensure it’s in accordance with the child’s best interest standard. Child support is not a topic that can be reached by agreement.
If you’re unable to agree on some or all issues in a divorce, the court must make the decision regarding asset division and alimony. The proceeding is similar to a trial, in which the parties present evidence and testimony to support their position. The judge reviews all of this information applies the facts to Texas law and will reach a decision.
Our Team Handles All Types of Divorce Matters: At The Ramos Law Group, PLLC, our attorneys are experienced in a wide range of divorce cases and related proceedings. We’re ready to advocate on your behalf for:
- Contested divorce and related court hearings;
- Uncontested divorce, which may include negotiating, drawing up spousal agreements, reviewing agreements, and entering the appropriate court orders;
- Disputes over child custody and visitation;
- Enforcement and modification of orders previously entered in court, particularly those involving visitation, alimony, and child support;
- High net worth divorce, where the parties own complicated assets or interests in a business, leading to complex issues with respect to asset division and alimony; and,
- Medical professional divorce, in which a key asset may involve ownership interest in a medical practice.
Set Up a Consultation with a Divorce Lawyer in The Woodlands
Hopefully, this overview of the key issues in a Texas divorce case was helpful. However, there’s a lot more to the process than you may expect and complicated or unforeseen issues can arise. Instead of putting your rights at risk, count on our team at The Ramos Law Group, PLLC. Please contact our firm to set up a consultation today to learn why quality legal representation is an advantage in your case.