Texas Divorce FAQ – Part 1
If you are considering getting a divorce or have already started the process, you probably have a lot of questions. Here are some answers to some of the questions we often hear from our clients when …
If you are considering getting a divorce or have already started the process, you probably have a lot of questions. Here are some answers to some of the questions we often hear from our clients when they first realize that a divorce may be in their near future.
Should I Retain an Attorney Before Filing?
Many people wonder when they should retain a lawyer. The short answer is “as soon as possible,” as an attorney will explain and protect your rights and make sure that any contested issues are resolved as favorably as possible. In general, it is best to speak with an attorney as soon as you are aware of the fact that your marriage may be in trouble.
How Will Our Property be Divided?
Texas is a community property state, which means that most everything that a couple acquires during their marriage is owned equally by both spouses. This does not mean that property will be divided equally, however, Texas law requires that judges divide an estate in a way that is “just and right,” terms that are open to significant interpretation. Some of the factors that a court will consider when dividing property in a divorce include whether either party was at fault in causing the end of the marriage, the parties’ health, their earning capacities, child custody arrangements, and separate property that the parties may own, just to name a few.
Who Will Get Custody of Our Kids?
For people who have children, one of their main concerns when getting a divorce is how custody will be decided. In Texas, custody is actually referred to as “conservatorship,” and parents can either be named joint managing conservators or one parent can be named a sole managing conservator. While there is a presumption that favors joint managing conservatorships, courts can and do award sole managing conservatorships on a regular basis. Courts must make child custody decisions in the best interests of the child and may consider a wide range of evidence in making that determination. For this reason, it is critical for anyone going through a divorce in which children are involved to speak with an attorney immediately.
Call a Richmond Divorce Attorney Today to Schedule a Consultation
Divorce can be a complicated and difficult process, but you do not have to go through it alone. At the Vendt Law Firm, we provide compassionate and solution-oriented legal counsel and representation in each we handle. To schedule a consultation with a Richmond defense lawyer, call our office today at (832) 276-9474 or contact us online.
1 https://www.law.cornell.edu/wex/community_property
2 http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.7.htm
