Going through a divorce is not easy. What happens in a divorce can have a long-lasting impact on your finances and relationship with your children. It is important to have an experienced divorce attorney by your side to ensure you get a favorable outcome. Some of the main issues in a Texas divorce include:
- Conservatorship (Child Custody);
- Child Support;
- Spousal Support; and
- Division of Assets and Liabilities.
When the spouses can agree on the terms of these issues, a divorce may be simple. However, many couples cannot come to an agreement and these issues may have to be litigated in court. Contact Sugar Land family law attorneys at the Law Offices of Kimberly D. Moss, PLLC to understand your rights and obligations.
Grounds for Filing for Divorce in Texas
The legal grounds for filing for divorce under the Texas Family Code include:
- Conviction of a Felony
- Living Apart (at least three years)
- Confinement in a Mental Hospital
Insupportability is one of the most common grounds for divorce in Texas and is equivalent to “no fault” divorce. Either party to a marriage may petition the court to grant a divorce without regard to fault.
Child Conservatorship after Divorce
Child conservatorship refers to child custody after a divorce. The parent or individual who has legal custody of a child is called the “conservator.” Conservatorship options in a divorce include:
- Joint Managing Conservatorship, or
- Sole Managing and Possessory Conservatorship
When both parents share legal custody of a child, they are named as Joint Managing Conservators. The custodial parent is generally the one the child lives with most of the time and the other parent is the non-custodial parent.
A parent named the Sole Managing Conservator has sole legal custody over the child. The Possessory Conservator parent still has parental rights and may have visitation rights but may be limited in making legal decisions for the child.
Visitation (the schedule of spending time with each parent) is governed by the possession order. A visitation schedule can be determined by the parents or the court can issue a standard or modified possession order. In some situations, the court may order supervised visitation when there is concern over the child's safety.
Dividing Property and Assets in Divorce
Property and assets are divided between the spouses in a divorce. Texas is a “community property” state. Most property and assets obtained during the marriage are considered marital property. Property and assets each spouse owned before the marriage may be considered separate property.
The court will divide marital property and assets based on equitable division which is based on a number of factors, including each party's financial situation, separate property each spouse has, children, and other factors.
The court may order one spouse to continue making payments to the other after the divorce. Spousal support is based on a number of factors, including the duration of the marriage, financial resources of each spouse, and the dependent's ability to support themselves. Talk to your Sugar Land divorce attorney about this issue.
Sugar Land Divorce Attorneys
The attorneys at The Law Offices of Kimberly D. Moss, PLLC are ready to fight for you. Representing individuals and families in the greater Houston area and throughout Texas, we strive to go above and beyond in meeting the needs of our clients. Contact us today online or by phone at (713) 574-8626.