Things You Need to Know About Divorce in Texas

Sometimes, it just doesn't work out. While you'd like to think that your relationship will last forever, there comes a time when you and the person you love most in the world want to call it quits. You'll have to go through a series of legal and monetary challenges that you'll have to work through. If you're living in Texas, this article will help you navigate the process of ending a marriage in the state. Having a financial advisor and a divorce lawyer can also help you make sure you get everything you deserve after a divorce.

Before you go further, you'll want to make sure that both spouses have been residents of Texas for at least 6 months. You'll also need to file in a specific court. In order to file in any county in Texas, you'll need to meet residency requirements.

No-Fault Divorce is a legal term used to describe a divorce without proof of wrongdoing by either spouse. A judge considers fault before dividing up property. Adultery, cruelty, abandonment, imprisonment, and mental illness are valid reasons for a fault divorce.

A divorce takes about 6 months to complete. In Texas, the petitioner (the person filing for divorce) is called the plaintiff and the respondent (the person being divorced) is called the defendant. The petitioner has the right to get a standard temporary restraining order. This means that neither party can disappear any assets until the court divides them. The respondent has to file an answer. Then, the court issues rulings on child custody, property, and outstanding debts. Both parties can engage in discovery if either believes they do not have all of the facts. They can try to settle the case during this time as well, either by themselves or with the help of a lawyer. If the two parties can’t come to an agreement, the judge sets a hearing date. Mediation is required before the trial starts. A divorce decree contains all of the rulings that are made by the court during the course of a case. The document is signed by the judge after the final hearing.

In Texas, all property acquired during the marriage is considered community property. A judge looks at several factors when dividing property including fault. He or she may consider any lost benefits due to the divorce as well as the value of the property. The difference in earning potential is probably the biggest factor. The health of both spouses is important too. The age difference isn't always as big an issue as it seems. A lot depends on how old you are when you get married. The total size of both estates is also important. You'll need to consider how much money you're going to spend on your children. The size of each estate should be considered. How much time do you want to spend together? What kind of lifestyle do you want to lead? What do you want to accomplish? Do you want to travel? Spend time with friends? Have hobbies? Do you want to buy a house? Be involved in politics? All these things will affect what type of life you want to lead. Custody of children. Spouse support obligations during divorce proceedings. Divorce agreements must be approved by the court. Otherwise, the court decides these issues.

Child Support Guidelines are 20%, 25%, 30%, 35%, 40%. Alimony Guidelines are $1,500 per month for each child under the age of 18. $2,000 per month for each child over age 18. This case study shows how to apply the ruleset to real-world situations. The first part of the input describes the situation. Then, the output states what the outcome should be. Child support is calculated based on your income as well as your spouse’s income. Alimony is paid by either party, but usually by the higher-earning spouse. You’ll also be responsible for any debts incurred during the marriage.

A 401K or IRA is a type of employee retirement plan. Both partners contribute to the plan. Any money saved in the plan is considered community property. If you were married, your partner could get half of what you put into the plan. A QDRO is a document explaining the division of retirement plan assets. You must submit this form to your plan administrator before you take a distribution from your account.

In order to avoid extra stress, couples should make sure that they have enough money saved for retirement before getting married. Even if only one party contributes to a retirement plan, both parties would still need to take part in the plan. Any money put into a retirement plan belongs to both spouses regardless of who contributed more. A QDRO is a form used when dividing retirement benefits. You must use this form if you want to split up retirement benefits.

Estate planning is important for divorced people because they may need to think about what will happen to their children and other beneficiaries if something happens to them or they pass away. Planning your estate includes having a will and trust set up. You should also consider setting up guardianship for your minor children. The property you inherit while your divorce is pending is called separate property. You can use this money to pay off debts or buy other assets, but you do not have to share it with your soon-to-be ex-spouse. She and her relatives are not considered your survivors unless you specifically mention them in your will. Divorce impacts children by changing custody arrangements, guardianship, and trust plans.

A divorce attorney is someone who handles divorces. He/she is usually hired by both spouses to help them get divorced. This person should be very smart and very experienced. He/she must be able to handle any type of situation that may arise during this time. Divorce attorneys help you get divorced. Hire a divorce attorney in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, Stafford, Texas at Thornton Esquire Law Group, PLLC, to have representation. There are many reasons why you need representation when getting divorced. For example, you might be going through a messy divorce and want to protect your assets or resolve custody disputes. A divorce attorney can help you avoid costly mistakes. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.