Divorce Attorney in Lewisville, TX

No Fault—this means that the marriage has become insupportable because of discord or conflict of personalities that destroy the legitimate ends of the marriage and, there is no reasonable expectation that the spouses will reconcile with one another. There are also fault grounds for divorce. These are grounds for which one of the parties is at fault for the failure of the marriage. In addition to insupportability, Texas recognizes cruelty, adultery, conviction of a felony with at least one year of imprisonment and no pardon, abandonment for at least one year, living apart without living together for at least three years, and confinement in a mental hospital for at least three years.

“Grounds for divorce” means simply a basis on which the court may grant a divorce. In most cases, the grounds used are so-called “No Fault” grounds.

Once the divorce case is filed, there is a minimum sixty-day waiting period prior before the court has the power to grant the divorce, except in cases of family violence. But most contested cases are on file longer than sixty days, because it usually takes more than sixty days to learn what issues remain contested and what the evidence is for those issues. Also, if a trial will be necessary, the court often requires the parties to mediate the case prior to trial. Drafting and having final documents entered also will usually take awhile.

Just and right division is the court's division of the community estate, which generally includes property either spouse acquired during the marriage other than separate property. Fault grounds are marital misconduct that gives one spouse a legal reason to seek a divorce, such as cruelty, adultery, or abandonment. Pendente lite means "while the case is pending" and refers to temporary orders on custody, child support, visitation, temporary spousal support, and use of the family home until the final hearing.

The wife, the husband, or both spouses must have lived in Texas for at least the most recent six months (this is referred to as “being domiciled in Texas”). And had a home for at least the last ninety days, in the particular county in which the divorce case will be filed (this is what is meant by “being a resident” of that county).

This question concerns whether property owned by one of the parties should be included in the marital estate for purposes of the court’s property division. Generally, property is “separate” if it was acquired before the marriage, or by gift or inheritance at any time. Sometimes, one or more items of property “mutate” to another item or items of property. “Separate Property,” once proven to be such, is excluded from the marital estate unless it has been ‘co-mingled” with community property to the extent that it is no longer distinguishable from the community property. There are a lot of tricky considerations concerning Texas Community Property Law, such as whether income from separate property is separate or community property, or whether the parties may agree between themselves to alter the character of certain items or classes of their property. An experienced Texas Family Lawyer can explain these issues to you.

The Texas Constitution defines “Separate Property” and “Community Property.” While the definitions are straight-forward, applying them to a particular marriage can be tricky and complicated, especially if the marriage is a long one; if gifts and inheritances have been received by the parties, if monies were not kept in separate accounts, and if separate property was productive (i.e. it earned interest or income). Additionally, there can be issues of “Equitable Reimbursement” which arise from certain uses of Community or Separate Property.

Absent marriage or other acts which would emancipate the child, child support orders continue until the child reaches age 18. If the child is in high school at age 18, support continues until high school graduation. If the child is disabled, it may be possible to continue child support for an indefinite period. Texas law makes no provision for support during college, or the payment of college expenses. But, the parties may provide for the payment of those expenses by contract.

The Texas Family Code contains guidelines for the computation of child support. Support calculated under the guidelines is presumed to be reasonable and in the child's best interest. 

Child support is money paid by the non-custodial parent to the custodial parent in order to meet the needs of the child(ren).

These matters, like all of those pertaining to children, are based upon the court’s determination of the child’s best interest.

In Texas, there is a rebuttable presumption that parents should serve as the Joint Managing Conservators of their children. In Texas, “Conservatorship” is “Custody” of the children. Joint Managing Conservatorship does not mean that each party will have the children one-half of the time. It also does not mean that child support will not be awarded to one parent. Joint Managing Conservatorship does mean that the parents will either share, allocate, or apportion parental rights and duties. In most cases, it also means that the child’s domicile must be established in the final Court orders. “Possession and access” speaks to when each parent has the right to visit with, and spend time with, the child(ren).

The question here is whether property “belonging to” one of the parties should be included in the marital estate for purposes of an equitable division. Generally, separate property acquired before the marriage, or by gift or inheritance at any time, is excluded from the marital estate unless it has been ‘comingled” with community property such that it is no longer distinguishable. There are a lot of tricky considerations concerning Texas Community Property law, such as whether income from separate property is separate or community property, or whether the parties may agree between themselves to alter the character of certain items or classes of their property. We will be happy to meet to discuss your particular situation with you.

Texas is a community property state. The court divides the community estate in a manner it considers "just and right," having due regard for the rights of each spouse and any children of the marriage. A just and right division is not necessarily an equal one, and the court has wide discretion in dividing property and debts. Separate property, once proven, is not divided.Texas is a community property state. The court divides the community estate in a manner it considers "just and right," having due regard for the rights of each spouse and any children of the marriage. A just and right division is not necessarily an equal one, and the court has wide discretion in dividing property and debts. Separate property, once proven, is not divided.

The Court will consider the needs of the requesting spouse and the ability of the other spouse to pay. The Court will additionally consider the health and age of the parties, ability to work, responsibility for children, availability of funds, and the length of the marriage.

Court-ordered spousal maintenance after divorce is available only in limited circumstances. The spouse asking for it must lack enough property to meet minimum reasonable needs and must also qualify in one of the ways the Family Code allows, such as a marriage of 10 years or longer combined with an inability to earn enough income, an incapacitating disability, care of a disabled child of the marriage, or the other spouse's conviction or deferred adjudication for family violence within two years before filing or during the case.

Monthly payments are capped at the lesser of $5,000 or 20 percent of the paying spouse's average monthly gross income. In most cases maintenance may last no more than 5 years if the marriage lasted less than 20 years, 7 years for marriages of 20 to 30 years, and 10 years for marriages of 30 years or more. The court must also limit it to the shortest reasonable period, unless a disability, care of a young child, or another compelling reason keeps the spouse from becoming self-supporting. Longer terms are possible when eligibility is based on a disability or care of a disabled child.

The court may order that one spouse support the other during the pendancy of the divorce action and/or after the divorce has become final. Support awarded pending the final decree of divorce is not to extend beyond the period of time necessary for the prosecution of the divorce action. Both are possible, but different rules apply. While the case is pending, the court may order temporary spousal support as part of temporary orders. After the divorce, the court may order spousal maintenance only if the strict eligibility requirements of the Family Code are met. Spouses can also agree to support as part of a settlement.

“Spousal support” (sometimes called “alimony”) is money paid by one spouse to the other to compensate a spouse for the loss of income which will be experienced by the “payee spouse.”

A) No Fault – on the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage, and prevents any reasonable expectation of reconciliation.B) There are also fault grounds for divorce. These are grounds for which one of the parties is at fault for the failure of the marriage. In addition to insupportability, Texas recognizes cruelty, adultery, conviction of a felony with at least one year of imprisonment and no pardon, abandonment for at least one year, living apart without living together for at least three years, and confinement in a mental hospital for at least three years.