Family Law Attorney in New Caney

How Does the Division of Property Work in Texas?

Under the Texas equitable distribution law, marital property can be divided according to what the court determines is fair and just depending on the facts and circumstances of the case. When deciding property division, the family court will consider factors like children, employability, capacity to meet daily needs, education, age, and more.

Texas is a community property state. This means that only assets classified as community property will be divided, while all separate property remains with the owner. In general, assets obtained during the marriage are community property, while assets obtained before the marriage or as gifts or inheritance are separate property.

How Is Child Custody Decided?

At Bolton Law, we have a deep concern for the children who are often caught in the middle as their parents wrestle with each other in a divorce. That is why we advocate for an amicable approach that can help settle the matter as fast as possible without putting the kids through such trauma.

We also are sure that child custody issues will be a heated battle in many contested divorce cases. However, we shall focus on your rights, needs, and interests in the matter and show the family court that you qualify to get child custody.

Some of the factors the court will consider when deciding child custody include:

• The child’s wishes (if old and mature enough)
• Any history of domestic violence by either parent
• Ability to support the child and provide a stable home
• The child’s relationship with each parent

How Is Child Support Determined?

Texas has specific guidelines for calculating child support based on the needs of the child and the income of the parents. The courts consider the following factors when deciding the amount of child support:

• The child’s age
• Child support or alimony paid or received from a prior marriage
• Either parent’s salary and paycheck deductions
• Either parent’s daycare obligations and expenditure
• If one or both parents cohabitate with new partners who contribute to the family’s financial needs]

What Is Alimony, and How Is It Decided?

The family court in Texas will consider all the facts when determining whether to grant alimony, what amount to award, and how long it must be paid. Therefore, alimony is no simple matter. The courts in Texas award spousal maintenance in order to allow the spouse who has no income (or earns a lower income) to remain financially stable.

The party seeking alimony must prove at least one of the following:

• A child born into the marriage is suffering a mental or physical disability that prevents the requesting spouse from earning enough income.
• The other party has committed family violence.
• The requesting party is unable to earn enough income due to a mental or physical disability.
• The marriage lasted for ten years or more, and the requesting spouse lacks the ability to earn sufficient income.

What Are the Grounds for Divorce in New Caney, TX?

The laws of Texas recognize various grounds for divorce including a no-fault option. Proving grounds for divorce isn’t a walk in the park. Thus, you should always involve a seasoned divorce attorney.

• Insupportability: This is a “no-fault” basis for divorce. In other states, insupportability is referred to as “irreconcilable differences.”
• Cruelty: When one party is found to be guilty of cruelty that makes it impossible for the couple to live together in the future, the other spouse can file a divorce petition.
• Adultery: You can file for divorce because of adultery. But, to be eligible, you must submit proof that your spouse committed adultery.
• Conviction of a Felony: The spouse seeking divorce must prove that their partner has been found guilty of a felony offense, has served a one-year prison sentence, and has not been pardoned for the felony. This basis may not be allowed if the spouse gave testimony leading to a conviction.
• Abandonment: To prove abandonment, the spouse seeking marriage dissolution must prove that their partner left and stayed away for at least a year.
• Living Apart: Living apart is another “no-fault” divorce basis. The court can grant a divorce if you and your spouse have lived separately for 3 or more years without cohabiting.
• Confinement in a Psychiatric Hospital: You can also be eligible for divorce when your spouse is mentally ill and has been confined to a psychiatric hospital with little or no hope of recovery.