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Divorce FAQ

Top Question

Should I file for divorce?

There are two paths to filing for divorce. The easiest is an uncontested divorce. It requires the least amount of work from your divorce lawyer and will result in a less expensive divorce. However, uncontested is not always the best solution for your family. Does your spouse have a retirement plan? Do you own a business? Is there a marital residence or estate to be divided? If so, you may need a contested divorce. Of course, not every issue needs to be argued. Do you know which assets are in your best interest to receive as a fair division upon divorce? For instance, if there is a retirement account and a marital residence of approximately equivalent value, consider which asset will provide you with the highest immediate cash flow. If you divide a retirement account, the income will be subject to income taxes, whereas the sale of a home will not. Each issue may be just as complicated. Knowing which asset or debt to seek during a divorce can be quite complex. That’s why it is important to obtain a quality Williamson County divorce lawyer.

All Questions

What property is not considered community property?

There is an assumption that property acquired during marriage is community property. However, an experienced divorce lawyer can rebut the presumption of community property by showing that the property was a gift to a particular spouse or was inherited by a spouse.

Is the property I acquired prior to marriage subject to division upon divorce?

Property acquired prior to marriage is separate property. However, separate property becomes a more complicated issue if community funds are used to improve the property or pay off a debt on that property. Texas law does not allow the court to divest a party of his or her separate property. This definition of property/asset division seems simple, but the reality is that the characterization of assets and debts is a complicated job. Delineating property is often more complicated when money has been co-mingled. (Community and separate funds have been used to acquire property.) In cases like this, it’s important to obtain a quality divorce lawyer with experience tracing assets and/or dealing with reimbursement claims. If your divorce involves a complicated property division, you will need to hire an experienced divorce lawyer.

I understand complex property divisions and use my considerable experience to assist you during this stressful time in your life.

Does joint managing conservatorship mean we have joint custody?

In short, no. The term custody is not used in the Texas Family Code. Conservatorship refers to the rights and duties the parties have in relation to the children. One right given to joint managing conservators in Texas is the right to make educational decisions for the children. The belief in Texas is that it’s in the “best interest” of the children for both parents to be managing conservators. This may be rebutted by an experienced divorce lawyer on the basis of family violence, alcoholism or illegal drug dependence. If a Williamson County Court decides the parents should be joint managing conservators, another presumption is created under Texas law. If the court decides the parents should be joint managing conservators, the minimum possession, access and visitation of the child should not be less than the Texas Standard Possession Order. In general, the standard possession order indicates the parent has the child on the first, third and fifth weekends of each month, for 30 days during the summer and every other spring break, Christmas and Thanksgiving.

Is child support the same in every case?

No. Most people are familiar with the guidelines in the Texas Family Code. The presumption that guideline child support is in the best interest of the child can be rebutted. An experienced child custody lawyer can demonstrate that the guidelines are not in the best interest of the child and obtain a ruling that varies from guideline child support.

Who pays for insurance?

In child support proceedings, an order should contain language setting forth how the child will be insured. The obligor of child support is also obligated to pay up to nine percent of his or her income for the child’s health insurance.

Child custody cases are often emotionally taxing and complicated. In cases where the parties are not in agreement, tensions can run high. I am experienced in dealing with cases involving child custody, child support and modifications to prior orders. Other areas of experience include relocations, grandparent rights, father’s rights, adoption, parental alienation, assault and family violence, as well as dealing with protective orders under both the penal code and family code. To schedule a meeting with The Law Office of Clifford Alan Swayze, call me at 512-920-5080.


Article name: Texas divorce law frequently asked questions
Description: When facing divorce, issues to consider include how to divide property and determine child custody and child support. Here are the answers to the most frequently asked Texas divorce law questions.
Author: Clifford Alan Swayze