Getting a Divorce? What you can expect in Texas?

 

You live in Texas, you have just been served with divorce
papers, and you have no idea about what the process
entails.  This article will provide some answers to those
questions; however, it should be noted that everyone's
circumstances are different and just as no two marriages
are alike, no two divorces are alike.   Thus, every divorce
has its own outcome.

Mental Preparation for the Divorce Process

Usually when you think about divorce, you have some notion
as to what it entails. You may have watched characters in
movies or television soap operas going through a divorce,
or maybe your co-worker, best friend, or neighbor may have
confided in you. Perhaps, your own parents have gone
through a divorce. However you may have encountered it,
facing this type of a proceeding can be very stressful and
can cause you emotional distress. Not only are you faced
with the prospect of losing your spouse, nut you suddenly
have to think about a multitude of other unpleasant
circumstances such as making new living arrangements,
division of property; and, if there are children involved,
you will then have to come to terms with the possibility of
not being able to see them on a daily basis. Therefore, it
is important to understand the process, so that you are
better prepared for what lies ahead.

Division of Property

The first thing you need to understand is that a divorce is
a lawsuit. One spouse sues another to terminate the marital
contract. After the Original Petition is filed, one of the
first things that a divorce court will do is devise a plan
for the division of property. Texas is a community property
state. Community property is defined as all property
acquired during the marriage except property acquired by
inheritance or gift. Separate property is that which you
owned before marriage and that which you acquired by gift
or inheritance. With regard to property, it is the job of
the Court and/or jury to divide the community property and
to determine the character of property in the marital
estate. The court's only guidance by Statute with regard to
property is to make a "fair and just" division of the
property. Depending on the facts of the case, the property
will not necessarily be divided evenly. The Court takes
various factors into account such as fault in the breakup
of the marriage, age, education, work experience, and
earning potential, to name a few. The Courts generally
require an inventory of the property. The parties are free
to work out their own division of the property and the
Court will encourage you to make an agreement on the issue
of property division as well. However, all agreements are
still subject to approval of the Court.

Support Obligations

The next thing to consider is that a divorce court will
ultimately determine the couple's support obligations,
which might include spousal support; however, the award of
spousal support in Texas is very rare and only occurs under
very specific circumstances. And, if there are children,
child support will be awarded to the custodial parent. The
amount of child support is statutory and is based on an
equation used to calculate your net income. If temporary
spousal support is awarded, it is often awarded at a
temporary orders hearing on a temporary basis, where one
spouse is unemployed or earning significantly less than the
other spouse. There are no set guidelines for temporary
spousal support, thus the party seeking support should be
prepared to show what his/her needs are and what resources
are available to the other spouse to meet those needs.
Permanent spousal maintenance may also be awarded in
certain situations. Child support payments are largely set
by state law, however, deviation from those standards are
not uncommon. Also, child support orders may depend on the
custody arrangements ordered.

Child Custody and Visitation Schedules Lastly

When there are children involved, the divorce court is also
responsible for setting child custody and visitation
schedules. The court is required to make their decisions
based on a set of factors that promote the best interest of
the children, which can vary depending on the
circumstances. Based on a limited view into the parents'
lives, a divorce court may not always make a decision that
serves the best interests of the children when it comes to
determining custody rights. Therefore, it is important to
consider negotiating a child custody arrangement that is
mutually acceptable, as it will benefit everyone involved
in the divorce proceedings, especially the couple's
children. Absent an agreement by the parents and sometimes
in addition to an agreement by the parents, the Court will
insert something called the Standard Possession Order into
the final decree. The Standard Possession Order is a set of
guidelines based in statute which outlines child visitation
standards.

A divorce is a lawsuit

One party is served with a Petition, the other party
answers, temporary orders are addressed, discovery is
conducted, and, then, the Court enters a final order.
Having an experienced attorney guiding you through the
process and knowing what to expect serves as a good
beginning point for a satisfactory end to your marriage.


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Smith and Garg LLC
Author Brian Smith
http://www.smithgarglaw.com