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How Do I Navigate a Contested Texas Divorce?
Divorces are challenging enough, but when couples cannot make decisions about their divorce or there is a history of abuse and a financial or power imbalance in a divorce, the divorce process has the potential to become contested.
Contested divorces are often emotionally charged and stressful to navigate, something which makes having an aggressive Texas contested divorce lawyer on your side necessary as you advocate for your rights.
What Is a Contested Divorce?
A contested divorce is a divorce where the soon-to-be ex-spouses have trouble finding common ground on important divorce issues. Spouses may argue about child custody or visitation arrangements, spousal support and child support payments, and the division of assets like business, homes, and vehicles.
How Long Do I Have to Pay Child Support in Texas?
Child support can be a heated topic, and many people find it difficult to work out child support arrangements as part of their divorce. However, the court does put the best interests of a child first, and child support payments are often a part of ensuring a child is cared for after a divorce.
If you are dealing with child support payments, you may be wondering how long you need to pay them and what it takes to stop your child support payments. An experienced Texas child support attorney can provide you with further guidance.
When Does Texas Child Support End?
In Texas, the Family Code states that you are supposed to pay child support, as per your court-ordered arrangement, until one of the following things occurs:
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The latter of either your child turning 18 or graduating high school
Should I Include Evidence of Abuse in My Divorce?
Divorce is challenging at the best of times, and marriages that have a history of abuse or power imbalances can be even more stressful to end. Contested divorces are those that include allegations of abuse or other emotionally charged issues that make it difficult for spouses to settle the important decisions needed to finalize their divorce.
If there has been abuse throughout your marriage, it can be helpful to include evidence of this in your divorce case, especially if you need the judge to make decisions based on your and your children’s safety. An experienced Texas contested divorce lawyer can guide you through this process.
Types of Abuse in Marriage
Navigating a divorce after abuse is difficult, and several different types of abuse may be present in your marriage. The Texas Family Code outlines “cruelty” as grounds for a fault-based divorce in the state, and any of these types of abuse have the potential to be cited in your divorce:
No-Fault Versus Fault-Based Texas Divorces
When you pursue a divorce in Texas, you have the option of filing for a no-fault divorce. A no-fault divorce is generally the best option when both spouses agree they no longer want to be married and that a divorce is the best step forward.
However, sometimes spouses may not agree about a divorce, or one spouse will wish to seek a divorce due to the actions of his or her partner. This is typically done with a fault-based divorce.
If you know you need to file a divorce in Texas, but you are not sure which kind of divorce to pursue, an experienced Texas divorce lawyer can evaluate your case and provide you with legal guidance.
Understanding Texas No-Fault Divorce
The majority of Texas divorces are no-fault divorces, meaning that both parties agree to the divorce and that the divorce is based on the grounds of irreconcilable differences. Uncontested divorce, where both spouses agree on all aspects of a divorce including child custody and how to divide assets, is a type of no-fault divorce.
Do I Need to Share My Inheritance in a Texas Divorce?
When facing a divorce, many people know that their assets and property are likely to be divided. However, when you have an inheritance to your name, you might be wondering if you will have to share this aspect of your assets as well.
Fortunately, inheritances, even those received during marriage, are generally safe from division in a Texas divorce, though there are some situations where your inheritance might be subject to splitting. A skilled Texas high asset divorce lawyer can tell you more.
Is My Inheritance Community Property?
In Texas, marital assets are subject to the state’s community property laws. These laws outline that, in general, property and assets acquired during marriage are considered marital assets and subject to division and distribution during the divorce process. Only property and assets that are separate property, meaning they belonged to one spouse before marriage, are considered exempt from being divided under community property laws.
Should I Create a Parenting Plan for My Texas Divorce?
One of the most contentious aspects of a divorce is child custody, and you may face difficulties getting your ex-spouse to agree to a child custody arrangement. However, you must create a parenting plan for your divorce, as this is required by Texas law. An experienced Texas child custody lawyer on your side can help you navigate this process and advocate for your rights to child custody.
Does My Texas Divorce Need a Parenting Plan?
As you start the process of divorce in Texas, shared children between you and your spouse need to be given special consideration. In Texas, parenting plans, which are documents that outline the responsibilities and duties of each parent after a divorce for shared children, are required.
Couples who can agree on a parenting plan during their divorce and present it to the court are likely to avoid a drawn-out custody battle, as the majority of the important decisions for the shared child’s education, healthcare needs, and extracurricular activities have already been decided.
How Do I Serve Divorce Papers in Texas?
Serving divorce papers in Texas is done when you initiate a divorce. Texas law surrounding serving papers must be followed for your spouse to be legally notified that a divorce has been filed against her or him. Working with a Texas divorce lawyer to file your divorce is essential for understanding when and how to serve divorce papers in Texas.
Understanding Texas Service of Process Rules
The term “service” is a shortened version of “service of process,” which is the legal notice that must be provided to someone else if he or she is involved in a lawsuit with you. A divorce is a type of lawsuit, so you will need to ensure that your spouse receives proper service of process notifying them that a divorce has been initiated.
The Texas Rules of Civil Procedure set the rules for service of process in divorce cases. According to these rules, you cannot serve your spouse divorce papers by yourself. You will need to hire a third party, such as a sheriff or a professional process server, to deliver the divorce notice for you.
Getting a Prenuptial Agreement for Your Second Marriage
Prenuptial agreements are a debate for some couples, but these agreements have their place in many marriages, whether you are on your first or second. In some cases, people who are marrying for a second time may be more agreeable to a prenuptial agreement so that they can effectively protect themselves from repeating the divorce experience of their first marriage.
A skilled Texas prenuptial agreement lawyer is necessary to help you figure out your prenuptial agreement and ensure that this important document is suitable for both you and your spouse.
When Do Texas Marriages Need a Prenuptial Agreement?
While prenuptial agreements in Texas are a good idea for most marriages, some marriage situations may call for a prenuptial agreement more than others. You should strongly consider a prenuptial agreement for your marriage if any of the following apply:
- You are marrying again and wish to create an agreement that helps you easily navigate a potential divorce.
Can I Stop My Ex from Wasting Child Support on Herself?
Child support payments can be a heated topic, and if you are making payments to your ex-wife regularly, it may upset you if you suspect she is spending them on herself instead of to benefit your shared child. Navigating child support once it has been paid to your ex-spouse is complex, and a seasoned Texas child support lawyer is necessary to help you aggressively advocate for your child support payments to be used properly.
Can I See What My Ex is Spending Child Support On?
Many people who pay child support are curious to see what their ex-spouse is spending the payments on, though that is not typically possible. Once you pay your ex, they have full discretion on what to do with your child support payments, as long as they are being used to provide for your shared child.
Your ex-spouse is not required to disclose the nature of their spending habits, though you may be able to see if your ex suddenly has brand new clothing, expensive appliances, or a new vehicle or seems to be living at a higher standard than during your marriage. These actions can indicate that your ex is not using her child support payments properly.
How Do I Get Spousal Support After My Texas Divorce?
Spousal support, often referred to as spousal maintenance in Texas, is payments made to one spouse from the other to support them after a dissolution of marriage. The state of Texas has certain rules surrounding spousal maintenance payments, and it is important to work with a skilled Texas spousal support attorney to understand your rights.
Who Is Eligible for Spousal Support in Texas?
There are two main ways that you may be eligible to receive spousal support in Texas, and either spouse can request spousal support during a divorce. If you have a prenuptial or postnuptial agreement that outlines spousal support in the case of a divorce, the court will generally honor it. Alternatively, you may be able to request that the court order spousal maintenance payments.
To be eligible to receive court-ordered spousal support payments, the Texas Family Code states that the spouse requesting payments must show evidence that he or she will not be able to meet his or her needs after the divorce, even after receiving community property divisions and possessing separate property.
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