The division of the marital home is one of the most consequential issues in a Texas divorce because it affects property rights, financial liability, and long-term stability. Texas law applies strict classification and division rules to the marital home, and misunderstandings about those rules often lead to costly mistakes. In this article, we will discuss how Texas divorce and house division law applies to the marital home, including how courts classify the property, how judges determine whether a spouse may keep the home, and the limits the law places on child-related arguments in property division. Is The Family Home Considered Community Or Separate Property Under Texas Divorce Law? Under Texas law, all property is presumed to be community property unless proven otherwise. The marital home is no exception. The controlling legal framework is the inception of title rule, which focuses on when the property was acquired and how the title was established. If the home was purchased before the marriage and remained titled solely in one spouse’s name, it may be classified as separate property.…Read More
En este artículo, descubrirá... Cómo se calcula la manutención de menores según las directrices generales de Texas. Si un tribunal de Texas puede elegir asignar más o menos manutención de menores. Documentos fundamentales que demuestren que se están efectuando los pagos de la manutención de menores. ¿Cómo se calcula la manutención de menores según las directrices generales de manutención infantil de Texas? La manutención de menores en Texas se calcula según el número de hijos menores que tenga que mantener, tanto dentro como fuera de una determinada relación. Por lo general, para un único hijo, la manutención infantil se calculará tomando en cuenta el 20 % de sus ingresos netos de cada mes. Pero este porcentaje puede aumentar si tiene más hijos de dicha relación, o bien puede disminuir si tiene que mantener a otros hijos ajenos a la relación. Por consiguiente, la manutención de menores puede variar, pero existe un monto máximo de sus ingresos que se puede tomar en cuenta para calcular la obligación de la manutención infantil. Esto quiere decir que, a…Read More
In this article, you can discover… The documents and evidence to bring to a child custody hearing. The questions you’ll likely be asked during a hearing. How long a hearing will take, and when you can expect a judge’s decision. What Documents And Evidence Should I Bring To A Texas Child Custody Hearing? In every county in Texas, you will have to bring six months of bank statements, two pay stubs, and a W-2 form. Even if you are fairly confident you will not have to pay child support, bring these documents anyway. It may be helpful for a judge to see that you are fully prepared. In addition, bring a monthly budget. What are you earning, and what are you spending your earnings on? If you and the other parent are parting amicably, no further evidence is needed apart from your memories of how involved you are in your child’s life and how you care for them. But if there are serious issues such as abuse, neglect, or other high conflict issues, bring photos,…Read More
In this article, you can discover… The purpose and impacts of an emergency custody order in Texas family law. What types of evidence you need to file an emergency custody order. How an attorney can help you if you need to file an emergency order. What Is An Emergency Custody Order In Texas Family Law? An emergency custody order allows you a set period of sole possession of your child in light of situations where your child’s safety and well-being are threatened. Your attorney will take you to court, describe the domestic situation, and request two to four weeks of protection without a hearing, allowing you and your child the space to breath safely and get settled. After those two to four weeks, a temporary orders hearing will be held to address the custody situation, allowing all parties to present evidence and make their case. What Situations Qualify For An Emergency Custody Order? Some of the most common reasons for an emergency custody order are physical child abuse, physical abuse against one parent, and the…Read More
In this article, you can discover… How child support is calculated under Texas guidelines. Whether a Texas court can choose to assign more or less child support. Key documents to keep to prove child support payments are being made. How Is Child Support Calculated Under Texas Child Support Guidelines? Child support in Texas is calculated based on how many children you have to support, both within and outside of a given relationship. Generally, for a single child, child support will be calculated as 20% of your net income each month. But this percentage can increase if you have more children within that relationship or decrease if you have other children to support outside of that relationship. As a result, child support can vary, yet there is a maximum amount of your income that can be considered in calculating a child support obligation. This means that if you’re earning millions, you’re still subject to the same maximum monthly income amount as someone who makes significantly less in determining a child support obligation How Do Parenting Time…Read More
In this article, you can discover… If a child can legally choose which parent to live with in Texas. How much influence a child’s preference has in a custody case. What factors Texas courts consider in custody decisions. At What Age Can A Child Legally Choose Which Parent To Live With In Texas? Whether or not a child can legally choose which parent to live with is probably one of the most common misconceptions in Texas family law. A child does not have the legal authority to choose which parent they want to live with. However, once a child turns 12, each parent has the right to have their child speak directly to the judge and express their preference. At that age, the court is required to listen to the child if a party requests it. That said, even when a child expresses a preference, it’s just one of many factors that the judge will consider. And if a child is troubled, being influenced, or shows signs of bias, the court may choose to give…Read More
In this article, you can discover… What to do if the other parent refuses to pay child support. Whether missed payments can affect custody or visitation rights. How to handle unpaid child support payments- both in and out of court. What Are The First Legal Steps To Take If Child Support Payments Stop? If you’re not receiving child support immediately after it’s been ordered, hold on, as it can take time to process. Give it one or two months before beginning to ask questions, as the Office of the Attorney General has an older system, and delays are likely. Keep in mind that while child support is typically due on the first of the month, it is not technically late until the following month. While it may not be worth your financial while to hire an attorney to recover just one month of missed payments, if it becomes a pattern, have a conversation either with the Office of the Attorney General or with an attorney. If child support is ordered and processed through the Office…Read More
In this article, you can discover… What a parenting plan is and whether it is required. The most important elements to include in a parenting plan. If a parenting plan can be modified, and under what circumstances. What Is A Parenting Plan, And Is It Required During Divorce Or Custody Cases? A parenting plan is a written document that outlines each parent’s rights and responsibilities regarding their child. This will typically include decisions like who takes the child to medical appointments, who has visitation during the school year, and the overall schedule for possession and access to the child. Parenting plans are required in all divorce and custody cases involving children, as they address the key issues of custody, visitation, and co-parenting. Alongside child support, the parenting plan is central to ensuring the child’s best interests are met and remain the focus throughout the legal process. What Is The Most Important Element To Include In A Parenting Plan? One of the most important elements to include in a parenting plan is a detailed possession schedule…Read More
In this article, you can discover… What qualifies as an uncontested divorce in Texas. The possible costs of an uncontested divorce. The likely timeline to finalize an uncontested divorce in Texas. What Qualifies As An Uncontested Divorce In Texas? An uncontested divorce in Texas is where both spouses agree not only to end the marriage, but also agree on how they will divide their property and handle issues related to their children. These typically include custody, visitation, and decision-making responsibilities. For a divorce to truly be uncontested, there must already be a basic understanding and mutual agreement on these key issues before the case moves forward. If a mutual agreement does not exist, the case will likely become contested at some point during the process. How Much Does An Uncontested Divorce Cost Compared To A Contested Divorce? If a married couple comes to me with all of the terms of their divorce already agreed upon, the cost is significantly lower. In that case, you’re essentially paying for an attorney to prepare the legal documents and…Read More
In this article, you can discover… What a protective order is, and how it works. The legal consequences of being served with a protective order. How you should respond when served a protective order. What Is A Protective Order And How Does It Work In Texas? A protective order in Texas is a legal tool designed to protect you from abuse, threats, or harassment from someone who poses a danger. When granted, it places clear restrictions on that person, often preventing them from coming near you or contacting you in any way. What’s important to understand is that if the person violates the protective order, you don’t need to go back to court to enforce it. You can contact law enforcement immediately, and they have the authority to arrest the individual. At that point, it shifts from a civil issue to a criminal one, giving you stronger and more immediate protection without needing to file another legal action. What Are The Legal Consequences Of Being Served With an Application for Protective Order In Texas? Being…Read More
