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The Biggest Issues in Contested Divorces in Texas
When a divorce goes through court, the arguments can get intense. If you are going through a dissolution of a marriage in Texas, you should be aware of the key issues that are likely to come up between you and your spouse. A skilled Travis County divorce attorney can help you navigate the challenges of a contested divorce, speaking on your behalf before the judge and making sure that your best interests are properly represented. At Powers Kerr & Rashidi, PLLC, our lawyers are board-certified in family law, allowing us to provide knowledgeable counsel at any stage of a divorce.
Division of Property
In Texas, assets in a divorce are considered either community property or separate property. Community property refers to any property acquired during the marriage, while separate property belongs to one spouse alone. Keep in mind that most property in a divorce is assumed to be community property until proven otherwise. Property split up in a divorce may include the marital home, investments, bank accounts, and vehicles, among other things.
What Should I Do if My Ex Violates a Protective Order in Texas?
When a relationship becomes a risk to your safety, the best legal recourse you can often take is to file a protective order. The main advantage of a temporary restraining order is that it can be filed quickly at a courthouse to get relief until a judge schedules a future hearing for a full order of protection. However, if your partner or ex does not comply with the order of protection, you may have to take additional legal measures to protect yourself. A family law attorney in Travis County, TX can guide you through the steps of obtaining and enforcing an order of protection. At Powers Kerr & Rashidi, PLLC, we take threats against you and your family very seriously, and we will defend you to the fullest extent of the law.
Get to a Safe Place
First and foremost, if you believe you or your family are at risk from an abuser who has already been sanctioned by an order of protection, you should head to a safe place, such as your home or the residence of a trusted friend or relative. Make sure any children or other vulnerable family members are accounted for and avoid direct contact with your abuser.
Do Grandparents Have Rights in Texas?
Grandparents in Texas can request child visitation or even custody of their grandchildren in certain situations. Parents are typically the primary decision-makers in a child’s life, but the law recognizes that not all families are privileged to have healthy, capable parents and sometimes grandparents can play an important role in a child’s well-being. If you are seeking protected involvement in your grandchild’s life, speak with an experienced Austin, TX family law attorney to understand your rights and discuss the process of seeking visitation or custody in Texas.
When Can Grandparents Seek Visitation or Custody?
Grandparents can request custody or visitation in Texas under specific circumstances. If they meet the conditions, it does not mean that their requests will be granted, only that they could be processed and considered by the court. Some of the situations when grandparents can request visitation or custody include:
Can I Get a Divorce to End My Common-Law Marriage in Texas?
Common-law marriage is a legally recognized form of marriage in Texas that can have significant implications for property division in a divorce. Unlike traditional marriages requiring a marriage license and a formal ceremony, common-law marriages are formed through the actions and intentions of the couple.
There are some unique rules and guidelines in Texas for common-law marriages that could impact how assets and debts are divided in the event of a divorce. If you and your common-law spouse are considering separating, speak with an Austin, TX family law attorney to understand how it might affect your property and assets.
What Does Common-Law Marriage Mean?
Texas is one of the few states that recognizes common-law marriages, but all couples who live together do not automatically qualify as being in a common-law marriage. To be considered legally married in Texas without a formal ceremony, the following needs to happen:
What Is the Difference Between Divorce and Annulment in Texas?
When a married couple in Texas wants to break up, there are two options they can consider: divorce or annulment. Both processes result in the marriage being legally terminated. Divorce is the legal process of ending a valid marriage while annulment declares the marriage invalid, and voids it. If you are ready to end your marriage and unsure which process suits your situation, an experienced Austin, TX family law attorney can advise you.
What Are Acceptable Grounds for a Texas Divorce?
In Texas, you can file for either fault-based divorce or no-fault divorce. If you choose to file for a no-fault divorce, the only acceptable grounds are that the couple has irreconcilable differences, and there is no need to specify how exactly the marriage has irreparably broken down. Fault-based divorces can be granted when one spouse is guilty of actions like adultery, cruelty, or abandonment.
How Are Family Pets Handled in a Texas Divorce?
One question that can be difficult to answer during a divorce is what will happen with a family pet. Does one spouse have more of a claim to the pet than another? What happens when both have a close relationship with the pet, have been responsible for its care, and want it to live with them? Is a pet treated like property to be handled in the division of assets or like a family member who needs a custody agreement? To learn more about what might happen to your beloved pet in your divorce, speak with a knowledgeable Austin, TX family law attorney who can help you understand your options.
Does Texas Acknowledge Custody For Pets?
While there are some states that acknowledge pet custody, Texas is not one of them. Instead, according to Texas law, pets are considered personal property. They are dealt with similarly to furniture, cars, and other objects. While Texas courts examine whatever is in the best interest of a child regarding custody, pets are treated as a marital asset. Although pets are considered beloved members of the family in some households, the truth is that they are legally categorized as property. Therefore, Texas courts will not mandate any type of plan for spouses to divide their time with the pet.
How Is Alimony Calculated in Texas?
When a couple goes through a divorce, spouses are often concerned about how they will manage financially once their assets and properties are divided. One way for people to cope with this challenging transition is through alimony, which is officially known as spousal support. This is a court-ordered form of financial assistance paid by one former spouse with more means to the other. Speak with an experienced Austin, TX divorce lawyer to discuss your options for alimony.
Who Is Eligible for Spousal Support in Texas?
According to Texas law, there are specific conditions that need to be met before someone can be considered eligible for alimony payments. The first requirement is that the person requesting alimony needs to prove he or she cannot cover their minimum expenses independently after divorce. If that can be demonstrated, one of the following also needs to be true:
Will My Texas Business Suffer Because of My Divorce?
Couples usually find that divorce affects many different aspects of their lives. There are the more common issues people are familiar with, like splitting custody or moving out of your home, along with some less expected issues, including when one or both spouses own a business that needs to be divided.
Will spouses continue working together after the marriage ends? Will their business relationship need to change? Is this handled differently for small mom-and-pop shops than it might be for a large corporation? For these and other questions, speak with a knowledgeable Austin, TX asset division attorney.
What Happens with Businesses in a Texas Divorce?
Since Texas is one of the few states that still follows a Community Property model for dividing assets in a divorce, any business owned by either or both spouses will usually be split down the middle, all else being equal. However, there are additional factors taken into consideration beyond the value of the business alone. The following are situations that can make an equal division complicated:
If I Get Divorced in Texas, Will I Get to Keep My Home?
As soon as a couple decides to get a divorce, they immediately need to begin thinking about how it will impact their lives. Whether they have children and need to figure out how they will divide custody or there are assets that they need to split, there is a long list of issues they need to address.
One of the questions couples are most commonly concerned about answering is who will end up staying in their home. There is no automatic answer, and it is up to each couple to decide what makes the most sense for their situation. If you are considering divorce and have questions about how the division of property is decided, speak with an experienced Travis County, TX family law attorney to learn more.
How Is Property Divided in a Texas Divorce?
Texas is a community property state, which means that anything acquired by a couple while they are married is considered owned equally by both spouses. That also means that all their property, assets, and debts included in the marital estate are to be divided 50/50 in a divorce. This is the case for everything except:
Can My Ex Move Out of Texas with Our Child?
When parents get a divorce, one of the most difficult issues to address is custody. Who will be responsible for the child from a practical and legal perspective? Who will be able to make important decisions that affect the child? In Texas, even if a child has one custodial parent that she lives with, the other non-custodial parent is still generally entitled to some decision-making responsibilities. Whatever the arrangement may be, it is always made with the child's best interests in mind and to promote a healthy relationship with both parents. But what happens when the custodial parent wants to move out of state with the child? While this article covers that topic, you should speak with a skilled Austin, TX family law attorney if this is happening to you.
How Do Texas Courts Determine Child Custody?
As with all matters that can affect a child, custody is decided based on what the court considers in the child's best interest, with a preference for promoting solid relationships with both parents. In addition to examining the child's needs and the parent's ability to meet them, the court considers:
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