If you are thinking about filing for a divorce in Texas, you will need to learn some basic information about the process before proceeding with the proceedings. While it is legal for both spouses to file for divorce, there are certain circumstances where it may be better to hire a divorce lawyer to handle the case. The following information will help you understand what you need to know about divorces in Texas.
First, let’s talk about divorce procedures. A court will hear your divorce petition and assign a divorce attorney to handle your case. When a judge rules that your marriage is over, they will issue a decree stating what should happen in your divorce. This includes all property and debts, as well as what rights each spouse has over the other. Your spouse will not have the right to have visitation rights with your children or take away your child support or alimony.
Next, there are two types of child support. If one parent is not working or raising the child, you will have to make payments to the other parent in order to raise the child. If you choose to have custody of the child, then you will have to pay a portion of the child support payments.
Alimony is not allowed in Texas. It is commonly known as “spousal support,” but it also means the same thing. It is a periodic payment to the other spouse that you give when you separate from your spouse. It is based on how much money you make during the marriage, and also how much time you spend with your spouse.
Another aspect of divorces in Texas is a division of property. In order to make your divorce successful, it is necessary to include a plan to divide your assets, whether you have them in joint tenancy or in some other way. When you file for divorce, your lawyer will give you a full financial appraisal of your property. Your lawyer will work out an agreement for dividing your property. You can receive up to a half share of the property, or as much as the judge orders.
Divisions of property are legally binding, and there are many forms that you can use to include a plan for division of property. The most common form is a property agreement, but there are also other ways to do this. You should talk to your divorce lawyer about which type of property plan would work best for you.
While it is important to protect your interests as a spouse, you should also consider the interest of your children, especially if they live in a different state. For example, you can seek a legal separation that includes a property division and a child support schedule to help your children deal with your divorce.