Offering Trusted Guidance And Outstanding Client Service
Exclusively Working On Family Law Cases Since 2005
Talk To A Lawyer | (512) 478-7466
Exclusively Working On Family Law Cases Since 2005
Talk To A Lawyer | (512) 478-7466
Offering Trusted Guidance And Outstanding Client Service
The following are questions that we commonly hear from our divorce clients. If you have additional questions about divorce, contact Heinrich Christian, PLLC, for experienced guidance. Our attorneys have over 25 years of combined experience assisting Texans with divorce, and can provide you with the guidance that you need.
If you have additional questions concerning your divorce, call our Round Rock or Austin offices at (512) 478-7466 .
Each divorce is unique, depending on factors like the size of your family, your assets, your relationship with your spouse and your ability to compromise. Based on your circumstances, we may negotiate your divorce using collaborative tools such as mediation, or we may aggressively litigate your case in court. Our attorneys can carefully evaluate your family’s situation to give you a clearer idea of your options and possible outcomes.
In Texas, there’s a mandatory 60-day waiting period from the date the divorce petition is filed. Beyond that, the timeline varies greatly. It depends on your case’s complexity, whether you and the other party contest the terms, the number of issues to resolve (like children, assets, or debts), and if you choose mediation or go to trial. Simple, uncontested divorces might finalize shortly after the 60 days. However, complex, highly contested cases can take six months, a year or even longer.
When determining child custody, Texas courts focus on the child’s best interests. They will decide which parent(s) have physical custody of the child and which parent(s) can make key decisions on their child’s behalf. The courts consider many factors, including:
These factors help the court make the most appropriate custody arrangement.
Texas law requires both parents to financially support their children. If one parent is designated as the “noncustodial parent” – the one with less primary physical custody – they typically pay child support to the other parent. The Texas Child Support Guidelines primarily determine the amount. These guidelines use a percentage of the paying parent’s net monthly resources, based on the number of children. The court also considers health insurance costs and other specific needs of the child.
In Texas, the law defines ‘alimony’ as spousal maintenance. One spouse pays this financial support to the other after a divorce. While courts do not award it in every case, they can order it under specific circumstances.
Spousal maintenance payments, or the lack thereof, are determined after carefully evaluating each spouse’s situation. The spouse asking for payments must first be able to demonstrate a clear financial need for support. Once the court establishes need, it will determine the amount and duration of payments based on various factors, including:
Texas law sets specific caps on the amount and duration of spousal maintenance. An experienced attorney can help you understand whether spousal maintenance applies to your case and how it might be determined.
As Texas is a community property state, debts incurred during the marriage are generally considered community debt and are divided much like assets. While your divorce decree will assign responsibility for specific debts to each spouse, it’s crucial to understand that this decree does not bind creditors. If your divorce decree assigns a joint debt, like a mortgage or car loan, to your ex-spouse, but they fail to pay, the creditor can still pursue you for payment. It’s often advisable to refinance joint loans into individual names or sell assets to pay off shared debts when possible.
Protecting a business during a divorce is a complex process. Key steps often include:
If you have a prenuptial or postnuptial agreement, it can greatly simplify this process. It’s vital to work with an attorney experienced in complex asset division to safeguard your business interests.
If you suspect your spouse is hiding assets, it’s critical to act quickly and gather any financial documentation you can access. This includes, but not limited to, bank statements, tax returns, pay stubs or investment records. Your attorney can then utilize the formal “discovery” process. This process includes tools like interrogatories (written questions), requests for production (demanding documents), depositions (sworn testimony) and potentially subpoenas to third parties like banks or employers. In some cases, you may need to bring in a forensic accountant to trace funds and uncover hidden assets.
Divorce can significantly impact your tax situation. Your filing status will change, for example, from “Married Filing Jointly” to “Single” or “Head of Household.” For divorces finalized after December 31, 2018, the deductibility of spousal support (alimony) has changed. It’s generally no longer deductible for the payer or taxable for the recipient. Child tax credits and dependency exemptions also need to be assigned. The division of retirement accounts often requires a Qualified Domestic Relations Order (QDRO) to avoid immediate tax penalties. Selling the marital home also has tax implications regarding capital gains. It’s wise to consult with both your attorney and a tax professional.
Yes, you can alter divorce orders after the court finalizes its conditions, such as modifying child support and modifying child custody provisions. However, Texas courts do not like altering orders. In order for them to modify their former ruling, you must be able to demonstrate that your circumstances have materially changed since their judgment. This may include job layoffs, a decrease in salary, birth of a child or remarriage.
In Texas, grandparents do have some rights, but the law limits these and makes them challenging to obtain. Generally, a grandparent can seek court-ordered visitation (known as “access”) or even conservatorship (custody). This is only possible if they can prove that the parents are unsuitable, or that denying grandparent access would significantly impair the child’s physical or emotional well-being. The court’s primary focus will always be on the best interest of the child. It’s a high legal bar to meet, as parental rights are strongly protected.
Every divorce case is different. For you have more specific questions about Texas divorces, contact our firm at (512) 478-7466 . You may also contact our knowledgeable lawyers online.
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