No legal matters impact an individual’s life greater than family law issues. As emotionally devastating as such a time can be, you need to have a clear understanding of your rights and responsibilities during a separation or divorce. An Austin family law firm can help.
Separation vs. Divorce
Unlike many states, Texas does not have a provision for legal separation. If you file for divorce, you can ask the court for temporary orders involving issues such as property division and child custody, but the marriage continues to exist until the divorce is final.
Grounds for Divorce
Texas recognizes both no-fault divorce as well as fault divorce. Austin family lawyers can explain that the basis for the divorce can impact the court’s orders regarding division of community property and child custody and support.
Division of Property
Texas is a community property state which means that all assets acquired during marriage are presumed to be equally owned by each spouse. This includes real estate, personal property and retirement accounts. Individual spouses may have separate property, but Austin family lawyers will counsel that those assets may require proof of time and manner of acquisition to be considered not part of the marital estate.
The court’s primary guiding principle is the best interests of the child. Although a shared parenting plan is preferred, all factors are considered and a history of domestic violence or abuse will be a major reason for limiting that parent’s contact.
Parents are responsible for supporting their children until they reach 18 years of age or graduate high school, whichever comes first. The amount of support payable is calculated based on net monthly income.
Texas courts rarely award alimony. It must be shown that the spouse requesting such support is incapable of providing minimum, basic necessities for themselves.
Other Family Law Issues
The effect of pre- or post-nuptial agreements and the possibility of annulment must be considered where relevant.
Contact an Austin Family Law Firm for Legal Advice
When you have family law questions, you need compassionate, experienced counsel. Call Nunis & Associates at (512) 2336-9696.
Licensed to practice in Texas Courts, including all 4 Federal Districts of Texas. Primary practice in Central Texas: including Austin and Travis County, Georgetown and Williamson County, Bastrop and Bastrop County, San Marcos, Dripping Springs and Hays County.