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How Texas Community Property Laws Work
In divorce proceedings, the division of property is a hot topic. Either the divorcing couple or a judge must make a final decision on who receives what marital assets and debts before a divorce is finalized. Instead of equitable distribution, which most states use, Texas uses community property laws when dividing property. An attorney can offer advice and legal counsel in your divorce. The advice provided could be invaluable to your current situation.
What is Community Property?
Community property is all property acquired by either spouse throughout a marriage, including salaries, bonuses, real estate, and more. In divorce, community property is meant to be split into 50/50 portions, which include debt. The 50/50 split is considered a starting point before taking into account multiple factors that could affect the final distribution. One of the more prominent factors that could affect a decision is an established premarital or postmarital agreement between the spouses.
What Are My Rights As a Stepparent in Texas?
Without legally adopting the child or children in a marriage, it is unlikely a court will award a stepparent child custody rights in Texas. However, it is not impossible. There are very limited circumstances where the court can award sole conservatorship to a non-parent so long as the non-parent meets several important conditions. For a more in-depth look into Texas child custody rights and privileges, you should reach out to an experienced family law attorney.
What is a Stepparent’s Role?
Stepparents can easily form strong attachments or bonds with the children in their care. Regardless of whether a child is not biologically theirs, a stepparent can become emotionally devastated by losing contact with a stepchild following a separation or divorce. It is also not surprising for a stepchild to grow close to a stepparent. In some cases, the stepparent may be the only mother or father figure they have ever known. This can make a stepparent a cornerstone in the development of a minor child and a major role model in the life of a child who is in early adolescence.
The Impact of Domestic Violence on Texas Divorce
Domestic violence is a sad and unfortunate occurrence in marriages the world over. In Texas, you do not need to provide evidence of wrongdoing to file for divorce. However, proof of abuse is grounds for cruelty in a divorce and, as such, can be used to influence a court’s decision on various divorce aspects. A skilled attorney can help you find aid in the case of domestic violence and file for divorce if necessary.
Protection Orders
A marriage fraught with domestic violence can make it difficult to seek a divorce safely. A spouse who is already capable of showing anger may explode at the sight of being handed divorce papers. In this case, it may be prudent to request a temporary emergency protective order, also known as a temporary ex parte order, if you are worried about your safety as well as that of any children in the home.
Adultery’s Effects on Texas Alimony
An extramarital affair can have a serious effect on spousal maintenance in the state of Texas. What role adultery plays in determining alimony payments includes many factors that a judge will consider.
Texas recognizes both fault-based and no-fault divorces. To better understand the intricacies of how adultery factors into alimony, it is best to consult an attorney experienced in family and divorce law.
What is Adultery According to Texas Courts?
Texas finds the act of adultery as a fault-based ground for divorce. So, any married person who voluntarily has sexual intercourse with someone they are not married to is considered adultery. This law extends to both spouses even after a separation (not a divorce) has taken place. A spouse accusing the other of an extramarital affair will need to provide ample proof in court to support any claim for alimony.
What is Alimony and How Can I Receive It?
You might have heard of the word alimony before. Perhaps you have heard the term on television or you are considering a divorce and learning about the process. Yet, you may still be unsure about what the term actually means. In this article, we will address the basic elements of alimony in the state of Texas. If you need answers about alimony that are tailored to your unique situation, contact a Texas family law attorney who can help.
What is the Definition of the Term Alimony?
In the Lone Star State, there is a specific legal term for the word alimony. According to state law, alimony is referred to as "spousal maintenance." As the legal term implies, one partner is required to make payments to the other. Sometimes, one spouse is ordered to pay spousal maintenance while the divorce is ongoing. This is especially common if the other spouse was a stay-at-home parent without access to money. However, usually spousal maintenance is ordered as part of a divorce decree.
Will I Be Able to Share Joint Custody of My Child After My Divorce?
Divorce is rarely a simple process, and it can become especially complex when children are involved. Many of the key decisions that divorcing parents must make will be related to child custody arrangements. In Texas, family courts encourage shared parenting and believe that it is in the best interest of the child to have both parents actively involved in their lives. Most of the time, parents will be able to share custody. To ensure that issues related to your children will be addressed correctly during your divorce, you will need to understand how Texas laws address “joint managing conservatorship.”
Texas Laws on Child Custody
When addressing issues related to child custody during a divorce, Texas follows the "best interests of the child" standard. This means that any decisions made by the court regarding child custody must prioritize what is best for the child's well-being.
How Can I Protect My Business During My Divorce?
The divorce process can involve a number of difficulties, and the decisions made about property division and other issues can affect you financially for years to come. When you own a business, the stakes can become even higher. Protecting your business interests during a divorce requires careful planning and the guidance of a knowledgeable attorney. If you are a business owner going through a divorce in Galveston, Texas, the experienced attorney at Daniel R. Bacalis, P.C. is here to help.
The Importance of a Proper Business Valuation
One of the key steps in protecting your business during a divorce is ensuring that it is properly valued. A business valuation is crucial for determining how assets and debts can be divided fairly between you and your spouse. Consulting with a forensic accountant or business valuation expert can help provide an accurate assessment of your business's worth. This will not only give you an understanding of the current monetary value of the business, but it can also inform you about the benefits you can expect to receive as your business grows in the future.
Can Spousal Support Be Modified or Terminated After a Texas Divorce?
Getting a divorce can be a challenging and emotional process, and it will involve numerous issues related to a couple's finances, the property they own, their children, their living situations, and much more. While completing the divorce process can be a relief, there are some issues that may continue to affect ex-spouses after their marriage has been terminated. In some cases, spousal support (alimony) may be ordered, and one party will be required to make ongoing payments to the other. However, circumstances can change in the years following a divorce, and couples will need to understand when alimony payments may be modified or terminated.
When Can Changes Be Made to Spousal Support Orders?
If I Am Unmarried, Will I Need to Establish Paternity for My Child?
To ensure that children will have the ongoing love and support they need, it may sometimes be necessary to establish legal parent/child relationships. For mothers, this usually will not be necessary, since at the time of a child's birth, the mother will be recognized as the child's parent and listed on the birth certificate. However, a father may not always be officially recognized as a parent, and it may be necessary to establish paternity.
Paternity Establishment When Parents Are Unmarried
There are some cases where the law presumes that a man is a child's father. These include situations where a mother and father are married to each other, as well as cases where parents were formerly married within a short period before a child was born. That is, if a couple got a divorce or had their marriage annulled, or if the marriage ended when the husband died, the man will be presumed to be the father of the mother's child if they were still married at any time during the 300 days before the child's birth.
Can I Get Sole Custody of My Child in Texas?
Nothing is more important than your child’s welfare. If your marriage has broken down, if you have separated from your partner, or if you are no longer in a relationship with your child's other parent, you will want to ensure that you will be able to continue to provide the love, support, and care your child needs. During a divorce or family law case, you may be uncertain about how issues related to child custody will be handled. Based on the circumstances of your case, you may believe that you should have sole custody of your child. However, it is important to understand when this type of custody may be possible and the factors that courts will consider when making decisions about custody arrangements.
Understanding Conservatorship in Texas Family Law Cases
Child custody is often broken down into two components: legal custody and physical custody. In Texas, legal custody is known as conservatorship, and it involves the right to make decisions about how a child will be raised, including the medical treatments they will receive, where they will attend school, and where they will primarily live. In most cases, courts prefer to put joint managing conservatorship arrangements in place, giving both parents a say in how their children will be raised. In fact, Texas law presumes that joint managing conservatorship is in the best interest of the child.
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