Getting divorced is always a stressful process, though there are many ways to make your case easier to manage while ensuring a positive outcome. Contact an Austin divorce lawyer for help as soon as possible.
If you are facing a divorce, contemplating a divorce, or simply considering your options, you’re likely experiencing a good deal of stress, and you definitely have questions. Consulting with an experienced Austin divorce attorney can help you better understand what the divorce process looks like, how your divorce would likely proceed, and whether a divorce is ultimately the right answer for you. The fact is that speaking with a divorce attorney does not make divorce more likely, but it can provide you with important information that will help you make the best choices for you.
If you determine that a divorce is the best path forward, it’s important to understand the basics of a Texas divorce. The major components include:
You and your divorcing spouse should try to negotiate mutually acceptable terms related to each of these elements that apply to your divorce. The vast majority of Texas divorces are settled before they reach the court, but if you run up against a sticking point with any one (or more) of these issues, the court will need to make the determination on your behalf.
Generally, your community property amounts to that property, assets, and debts that you and your spouse acquired together as a married couple. Upon divorce, this property will be divided in a fair manner, which which does not necessarily mean right down the middle. The important point to remember is that the court has considerable discretion in the matter and can take any and all of the following into consideration in the process of dividing community property:
It is important to have the help of an experienced divorce lawyer to ensure that you receive a fair distribution of your community property.
If your divorce involves shared children, your child conservatorship (custody) arrangements are likely a primary concern. Except in extreme situations, both parents generally share the ability to make important decisions related to education, healthcare, religious upbringing, and extracurriculars on your children’s behalf. Physical conservatorship, on the other hand, refers to whom the children live with. Sometimes, one parent becomes the primary custodial parent with whom the children have their primary home, and the other parent has a visitation schedule. Parents can also be joint conservators and share time fairly equally. The court always bases its decisions related to conservatorship on the best interests of the children.
Typically, the parent with the visitation schedule pays child support to the primary conservator parent to help equalize each parent’s financial contribution to the children’s upbringing. This child support obligation is calculated according to state guidelines, which are based on your combined income, but that can also take factors such as each of your financial resources, whether any of your children have any health considerations or special needs, and the standard of living your children enjoyed during the course of your marriage into consideration.
Alimony refers to payments made by one former spouse to the other in an effort to help offset any financial discrepancy that the divorce may have created. If one spouse can no longer afford to reasonably provide for himself or herself and the other spouse can afford to remedy the situation, alimony may be awarded. A wide range of factors can influence this matter, including the length of your marriage, you and your ex’s earning potential (now and into the future), the recipient’s capacity to become self-supporting, each or your contributions to the marriage.
Regardless of the circumstances surrounding your legal situation, I am more than willing to help you solve your situation in the least stressful manner possible.
The best law firm. They got me the maximum amount possible for my settlement and reduced my Bill' couldn't be happier.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship