Divorce Lawyers & Legal Services
While divorce is a difficult situation to go through for anyone, some divorces can be simple while others can include extensive property, assets, children, custody, retirement, investments and other factors that require careful consideration. But despite the complications associated with some divorces, the state of Texas has different rules than other states may have, making it even more important to seek the aid of an experienced divorce attorney. Contemplating the different factors, laws, and potential issues that partners may face when delving into the process of divorce is very important.
What Constitutes Community Property?
Texas, unlike some other states, is considered a community property state, which means that income, assets and investments gained during a marriage must be split up between divorcing spouses. If property, assets or investments were acquired prior to the marriage, they are not considered to be community property, instead, they are considered separate property which can be maintained by the spouse who had gained them before the marriage had begun.
One of the most important considerations that can be extremely worrisome and stressful for each spouse to think about when contemplating a divorce is child custody. In the state of Texas, most judges and legal professionals agree that a stable and consistent relationship, visitation and custody by both parents is important. With that being said, a multitude of factors are often considered with thinking about the best interest of a child in regards to custody. Some of those aspects include: residency, previous parental involvement, child welfare, the physical health of both parents, the mental health of both parents, the preference of the child or children involved and possible abuse or neglect.
Another vital question many people going through a divorce or beginning the process of a divorce is the presence of child support and how much is required of them or their spouse. The amount of support granted is largely based on parent’s individual income in combination with how much time each spends with the child/children. On top of financial support, some judges also consider the medical care and health care costs associated with the care of a child when looking at support issues.
In contrast with other states across the U.S., the state of Texas does not recognize legal separation, meaning that unless a divorce is filed, a court cannot intercede in regards to an agreement or any temporary orders.
With a number of factors to consider, including finances, children, property and even health care benefits for you and your spouse, it can be difficult to understand the various laws and stipulations governing divorce in Texas. But despite the complications and emotional and mental stress tied to the divorce process, an experienced divorce lawyer can help dispel myths, reveal facts and distinguish different options that may be more or less beneficial for entire families. In addition, a divorce attorney can help protect oneself, children and assets from the difficulties associated with an already overwhelming situation. Call 800-863-5312 or chat us today to get started with an initial consultation with a divorce lawyer.