When you and your spouse decide to split, you are probably looking for some predictability regarding what lies ahead. Having your questions about divorce answered can help you prepare for the near and distant future. Every divorce in Texas is different, but below, we answer five common questions about divorce.
If you need skilled and experienced legal counsel to handle your divorce, you can’t do better than the Stout Law Firm, PLLC. We have decades of experience and credentials and accolades that surpass many divorce attorneys in Texas.
What Is a Wife Entitled to in a Divorce in Texas?
In general, Texas divorce courts make decisions for couples regarding the following:
- The division of marital property,
- Child support,
- Spousal maintenance, and
- Child custody (also called conservatorship).
The court does not make these decisions based on the sex of the spouse but on the circumstances of everyone involved. However, if you are a wife preparing for a divorce, you might expect the following in your divorce decree.
A Share of the Marital Property
In a divorce, each spouse can keep their separate property, and the court divides marital property among the spouses according to what the court deems just and right. Marital property is whatever a spouse acquires during the marriage and is not separate property. Separate property is the following:
- Property obtained by descent, gift, or devise (even if obtained during the marriage);
- Property owned before the marriage; and
- Recovery for personal injuries sustained during the marriage, except for recovery for loss of earning capacity during the marriage.
Depending on their circumstances, a divorcing spouse could be entitled to the marital home, cars, bank accounts, investment proceeds, business proceeds, retirement benefits, and much more.
Child Custody
In Texas, each parent has the following rights and responsibilities, regardless of sex:
- The right to physical possession of their child;
- The duty to support their child;
- The right to direct the moral and religious training of their child;
- The right to designate their child’s residence;
- The duty to manage their child’s estate;
- The right to make substantial legal decisions for their child;
- The right to services and earnings of their child;
- The right to inherit from and through their child;
- The duty to care for, protect, and discipline their child;
- The right to consent to health care for their child; and
- The right to make decisions about their child’s education.
In a divorce, the court may decide that the parents will share the above rights and duties as joint managing conservators or that one parent will be the sole managing conservator. This decision is made according to what is in the best interest of the child.
Child support
Typically, whichever parent receives primary custody of their child is entitled to child support payments from the other parent. The court calculates the payments based on the paying parent’s resources, including:
- Wages,
- Self-employment income,
- Retirement income,
- Rental income, and
- Investment income.
Any child support a parent receives typically lasts until their child turns 18.
Spousal Maintenance
Spousal maintenance (also known as alimony) is not a given in every divorce case, but the court might award maintenance if the receiving spouse would lack sufficient property to provide for their needs after the divorce and one of the following applies:
- The paying spouse was convicted of or received deferred adjudication for an act of family violence,
- The receiving spouse is unable to earn sufficient income because of an incapacitating condition,
- The receiving spouse was married for at least 10 years and is unable to earn sufficient income, or
- The receiving spouse has custody of a child of the marriage who has a physical or mental disability that requires substantial care that prevents the receiving spouse from earning sufficient income.
To prove your entitlement to any property or custody, you will likely have to provide large amounts of evidence, such as financial documents, healthcare records, education records, and police reports. Our skilled attorneys can obtain all the necessary documents to get what you and your child deserve in a divorce decree.
Who Gets the House in a Divorce in Texas?
Who the court will grant the marital home to in a divorce depends on the parties’ circumstances. If the spouses share a child, the spouse who receives primary custody will likely receive the marital home. This is because a parent who is a managing conservator has the right to designate the residence of their child, and when the court makes custody decisions based on the best interest of the child, the court seeks prompt and permanent placement of the child in a safe environment.
If there are no children of the marriage, the court awards the marital home according to what is just and right. This could depend on what resources each spouse has and their ability to earn income in the future.
How Long Does It Take for a Judge to Sign a Divorce Decree in Texas?
In general, a judge cannot sign a divorce decree any sooner than 60 days after you file for divorce. However, you may obtain a divorce decree sooner if your spouse was convicted of committing family violence against a member of your household or if you have an active protection order against your spouse because of family violence.
How Long Does a Divorce Take in Texas?
At a minimum, a divorce generally takes at least 60 days in Texas. But the timeline for divorce differs from couple to couple, and a divorce could take longer because of complex financial issues or the challenging circumstances of any party involved.
How Much Does a Divorce Cost in Texas?
To file for divorce in Texas can cost around $350. But for many divorcing spouses, this is just the beginning of the expenses they have to pay to finalize their divorce. If your divorce is prolonged, if you need to request records from multiple institutions, or if you need the help of professionals, your divorce may cost thousands. Our divorce attorneys at the Stout Law Firm, PLLC, can help you get divorced in the most efficient and cost-effective way possible while protecting your interests.
We Can Be Your Guide
The Stout Law Firm, PLLC, has an award-winning team of divorce attorneys who serve the people of Houston. We give straightforward advice and answers about divorce, and we are passionate about protecting our clients’ rights in family court. Not only do we have the respect of the legal community, but we also have the stamp of approval from many satisfied clients. We hope you will contact us when you need a family law attorney. You can call us or reach us online to schedule a consultation.
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