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Can a Child Choose Who to Live With in a Texas Divorce?
A divorce can be an emotionally charged ordeal, especially when children are involved. If you and your spouse cannot agree on issues of custody outside of court, it may fall to a judge to make a final decision. Parents going through a divorce may wonder if a child can choose where to stay, and the answer is more complicated than a strict yes or no. However, your child’s wishes should be an active consideration in these discussions whenever possible, whether you resolve the matter in or out of court.
If you are going through a divorce with children in Texas, you may want to consider seeking the legal guidance of an Austin, TX family law attorney. At Powers Kerr & Rashidi, PLLC, we have experience in complex child custody disputes, and when you work with our firm, we will help you work toward the best solution.
The Age of the Child
In Texas, a child of a certain age will have more agency in custody decisions. Children older than 12 can be interviewed by a judge to determine his or her wishes regarding the choice of primary residence. Children younger than 12 may also be interviewed, but this is not mandatory. Note, however, that the child’s wishes expressed in an interview with a judge do not supersede the child’s best interests according to the court. Rather, the interview is only one factor out of many that will be weighed in a custody decision. At age 18, the child has the freedom to decide where to live.
Splitting Up a Shared Business in a Texas Divorce
Whether you started a business with your spouse or had an existing business before you married, you may have to make a tough decision about what will become of the company if you get divorced. Finding a solution that works for you and your spouse may help you avoid trouble later down the line, so as not to interfere with your business’s daily operation.
A Travis County, TX divorce lawyer can provide invaluable assistance throughout your divorce, seeing that your business is properly valued. At Powers Kerr & Rashidi, PLLC, our attorneys will make sure that your best interests are protected in negotiations with your spouse, and if necessary, our talented litigators can advocate for your rights to your business in court.
Maintaining Joint Ownership
If you and your spouse part on amicable terms, you may find that it is best to continue working as business partners after a divorce. The main benefit of this option is the lack of disruption to the daily operations of the business. Some spouses may be able to easily compartmentalize their work lives and their personal lives, but of course, this is not always a reasonable possibility. If you can set aside your differences with your spouse in a low-stress setting like mediation, you might agree to continue running the business as before, with some new boundaries in place.
Less Common Assets in Texas Divorces
When assets are split up in a contested divorce in Texas, you might just expect to be dividing up your shared wealth, the marital home, and shared possessions. However, you may find that the process of asset division is far more complicated. Your marital estate can extend well past what you can see in front of you, and you could lose more than you anticipate when taking your divorce to court.
A Travis County, TX family law attorney can advise you during the process of complex property division and advocate for your rights in the courtroom. At Powers Kerr & Rashidi, PLLC, our lawyers have real trial experience with contentious divorces, and we will use the full breadth of our legal knowledge to secure your rights to your property.
Shared Businesses
You may not think of a business as a traditional asset, but the courts are sure to scrutinize your company to see if it qualifies as marital property. As with any other asset, a business is more likely to be labeled as your own separate property if it was established before the marriage or if it was passed down to you as a gift or inheritance. However, business ownership in a marriage can easily become commingled if you invest in the business using marital funds or if your spouse contributes towards its growth. In that case, you may be responsible for compensating your spouse, whether by maintaining joint ownership, buying out his or her interests, or selling the business and splitting the funds.
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:
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