The Biggest Issues in Contested Divorces in Texas

 Posted on December 12, 2024 in Contested Divorce

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.

But how is that property divided? Once everything is accounted for, divorce courts in Texas will split up the property according to what is "just and right," taking into consideration both spouses’ earning capacity, which spouse has custody of the children, fault for the divorce, and more. A divorce attorney can advocate for you during this process, fighting for a resolution that is fair to you.

Spousal Support

Spousal support, or alimony, refers to payments made by one spouse to the other after the dissolution of a marriage. Texas has strict requirements to qualify for alimony, as the receiving spouse must supply proof of being unable to meet his or her own financial needs after the division of property. Furthermore, if the spouse demonstrates an inability to meet that financial need, at least one of the following criteria must be met:

• The marriage lasted ten years or more.

• The spouse seeking support cannot make an independent living due to disability.

• The spouse seeking support has custody over a disabled child born from the relationship who requires significant resources for his or her care.

• The other spouse was found guilty of family violence against the spouse seeking support during the divorce process or within two years of filing for dissolution of the marriage.

The length of spousal support payments can range from very temporary payments to indefinite payments that last until certain conditions are met. Our attorneys can make a case for your right to alimony payments, helping you gather the requisite documentation to demonstrate your needs.

Child Custody

When a couple with children separates, the court will thoroughly examine the family’s circumstances to make a judgment for the child’s best interest. An arrangement for child custody will decide which parent the child lives with as well as who will make important decisions on the child’s behalf. This can take the form of joint custody, the court’s preferred option, wherein both parents take on shared responsibilities of housing the child and seeing to his or her needs, or sole custody, when one parent is given full authority over the child’s welfare. Our divorce attorneys are prepared to argue for your child’s protection and well-being, making sure that the custody agreement promotes a happy, healthy upbringing.

Contact an Austin, TX Divorce Lawyer Today

Contested divorces often come with high stakes in negotiation. Our Travis County, TX divorce attorneys  at Powers Kerr & Rashidi, PLLC have multiple decades of experience in litigating divorces, and no matter how complex your case presents, we will fight on your behalf. Contact our firm at 512-610-6199 today.