Understanding the Important Matters
While no two divorces will look exactly alike, many of them may share similar issues that are common in divorces. Knowing each of these factors can help you prepare for your case. Here are four important divorce matters that may play a role in your divorce.
1: Child Custody
Also known as conservatorship in Texas, child custody refers to both which parent has the responsibility of making decisions on behalf of a child as well as with which parent the child lives. It’s understandable and natural for both parents to want to spend as much time with their child as possible; know, however, that Texas does not have a shared conservatorship option. Typically, one parent will have possession of the child (the term in the state for physical custody) and the other will be given times of access to the child (typically referred to as visitation or parenting time).
2: Child Support
Every parent regardless of marital status has the duty to support their children financially. Child support payments are a way to ensure that a child’s needs are met. Child support payments are calculated based on a variety of factors including the monthly net income of the noncustodial parent and the number of children involved in the divorce.
3: Spousal Maintenance
Commonly referred to as both alimony and spousal support, spousal maintenance payments, unless agreed to, may occur when it is determined after the division of the marital estate one spouse does not have the financial means to take care of their minimum reasonable needs. Texas does not automatically award spousal maintenance in each divorce but will award payments if the case meets specific circumstances.
4: Property Division
Perhaps one of the most commonly thought of factors when it comes to divorce, property division is one of the most important steps in the divorce process. In Texas, community property (or property that was acquired by either spouse during the time of the marriage) is divided, whereas separate property (or property that was acquired by either spouse prior to getting married) is typically not up for division.
It’s natural for both parties to want to walk away with specific assets in the divorce, and the more complex the assets, the more complex the overall case.
Working with a Family Law Attorney
Because of the sensitive nature of each of these marital issues, it’s no wonder that divorce can be a difficult time for those involved. Rather than try to handle these issues on your own, however, you should consult with a divorce attorney to help you process each of these matters throughout your divorce. At Jeff Gilbert Law Office, our team of attorneys is ready to help you work through each of these marital issues to get you to the other side of your divorce.
To learn more or to schedule your consultation, call us at (979) 200-6556 or visit us online.