We might be wishing for a perfect marriage and to live a wonderful life with our spouse and children but what we are praying for may not be for us because of some reasons. One big factor here is the differences between a husband and a wife because this is usually the cause of fight and separation which made them treat each other as strangers – see divorce attorneys in Austin for pieces of advice. You are not the only couple who are experiencing marital issues that’s why you need experts if you have decided to break your vows.
I know well that you have hopes of finding solutions to the problems you are encountering as a couple but sometimes, some issues and concerns are meant not to be fixed. Pretty sure that you wanted to save your marriage, too, especially when you have kids who need both a father and a mother as they grow older. We even attend counseling to enlighten our minds but what works for other married couples may not work for us because we are all in different situations.
But if you have ended up planning to file a divorce in Texas, then it is better to learn about these laws first so that you will have more ideas on what you will be fighting for, especially when it comes to the custody of your children. Keep in mind that this decision is not just about legally cutting the ties of the husband and wife but it also involves the children and the fall of the family, which is the basic unit of this society. We understand that nothing will work out again that’s why you wanted a divorce but again, make sure to talk to your lawyer first to understand more about the law regarding this.
Eligibility
Let’s assume that you have made up your mind and are determined to file a divorce in Texas because there is something wrong with the marriage. Now if you are a resident and living in this state, then you are eligible for filing a divorce so you can contact and start consultations with a lawyer who excels in this category. You have to be living in Austin for at least 6 months if this is where you are going to process this – go to https://www.womenslaw.org/laws/tx/divorce#node-36746 for further reading.
Anyway, when you booked a meeting with the attorney, he must discuss this with you before accepting your case. Good lawyers will never forget to ask where you reside because this would determine if you are eligible to file in Texas.
Grounds
The attorney will ask you why you came for his service, though no-fault divorces are allowed. So if you have pieces of evidence to prove that your spouse did something seriously wrong, then you may keep them and there is no need to present these. But if you have or when asked, these can help the judges with their decision, especially if there are other concerns, such as division of property and child’s custody.
So what are your reasons why you are requesting this? The legal grounds accepted when the other party is at fault include, adultery, abandonment, cruelty, more than three years of confinement in the hospital for mental illness, and three years of estrangement so this is when you are living separately. When these are your reasons, then you’ll likely be approved of your request.
Process
Here, the one filing for this request is the petitioner and the other party is the respondent. Both parties need to act civil and respect each other so they should not be fighting or shouting at each other. When properties are involved, the petitioner may ask for a restraining order to avoid instances of asset disappearance before the court gives his decision on dividing properties.
The respondent needs to file an answer to the request of the petitioner. After that, the court will give the rules about child custody, division of properties, and unpaid debts as well. This case can be settled through the presence of an attorney but if not, there will be a trial and a decree will be released for the ruling.
Dividing Assets
The court believes that assets and income obtained by both parties while they were still together as husband and wife belong to both of them. These will be divided equally and even the unpaid debts, if there are, will be split as well.
If they have properties acquired before getting married, then that is a separate asset and won’t be divided. Now, if there were other separate properties obtained, then one can present strong evidence that these belong to him. For example, if you were given a gift and this was declared to be yours alone, then this is separate property.
Communal assets, such as financial and physical must be divided which the court decides when not settled during divorce mediation nassau county ny. A few factors were considered here. This includes fault, health, age, earning potential, gifts, custody of children, inheritance, assets outside the state, and benefits that will be lost to name a few.
Alimony and Child Support
The court may order the parent who won’t be in charge of the custody to pay a portion of the assets. The child or children will be given support. That would be 20% for 1 child, 25% for 2 children, 30% for 3 children, 35% for 4 children, and 40% for 5 children – check this out to learn more.
Alimony is allowed as a support to the spouse when there are not enough funds to support himself. Though there are conditions to be considered here and must meet at least one of these. When one is mentally or physically disabled, convicted for violence, been for 10 years and not capable of earning, then has the child’s custody but is disabled so can’t earn a living.
This alimony and child support are all decided with help of the court, which was carefully considered. So if later on, you think that you did not receive the right decision, then you will need an expert’s help. The lawyers in Austin can help you get what is right so you may visit them for consultation services.
