Divorce can have significant, long-lasting emotional and legal repercussions. There are also stringent legal requirements for deciding how to petition for legal separation, where to submit it, and how to divide assets.
Divorce can be challenging, particularly if you don’t have a lawyer at your side. A New Caney family law attorney at Bolton Law in Texas will guide you through the procedure and reduce your stress during the devastating moment. Contact us at 281-351-7897 to talk to our New Caney divorce lawyers.
What Are Texas Grounds for Divorce?
You must have sufficient proof that your marriage requires a divorce for the reasons you cite before filing for divorce based on fault. In other words, if you can’t prove it, you can’t use it as justification for divorce. Grounds for divorce in Texas include the following:
- Insupportability: If your marriage has become unsupportable due to arguments or personality conflicts that have made it impossible for the couple to reconcile, the court may award a divorce without considering who is at fault.
- Cruelty: If one partner is treated in a way that makes it difficult for the couple to coexist, the court may grant a divorce to that partner.
- Adultery: Should one spouse commit adultery, the court may grant the other spouse a divorce.
- Felony convictions: If either spouse was convicted of a felony during the marriage or spent at least a year behind bars in the Texas Department of Criminal Justice, a federal prison, or a state prison without a pardon, the court might grant the other spouse a divorce. This ground is sometimes discarded if the court finds out that the spouse’s conviction was based on the testimony of the other spouse.
- Abandonment: The court may grant the other partner a divorce if one partner leaves the other and does not return for at least a year.
- Living apart: If a couple has lived apart for at least three years, the court may grant a divorce.
- Mental confinement: The court may grant a divorce if at the time the complaint is filed, one spouse is in a state mental institution or a private mental hospital in Texas or another state for at least three years. The hospitalized spouse, however, must have a severe mental condition that will make it difficult for them to adjust or, if they can, will cause them to relapse.
When you file for a divorce based on fault, you inform the court that your spouse’s actions and unfavorable conduct caused your marriage to terminate. If your partner disagrees, they may contest the divorce based on your claims. You must prepare to substantiate them with documents and witnesses. Our New Caney divorce attorneys will help determine the best way to approach your divorce case.
What Is a No-Fault Divorce?
A no-fault divorce is a divorce that happens due to irreconcilable differences. Typically, such divorces take less time and are less expensive. You must inform the judge that your marriage is over and neither of you can make it work if you want a no-fault divorce.
Consult an expert divorce lawyer if you are unsure of the laws in Texas. They can assess your state’s laws, how they relate to you, and your best course of action in terms of the law. You can get assistance with this from our divorce lawyers in New Caney.
What Distinguishes Legal Custody from Physical Custody?
After a divorce, the two types of child custody include legal and physical custody. Both parents typically share both types of custody equally. What distinguishes legal custody from physical custody?
Legal Custody
The parent with the legal custody grant has the power to decide on behalf of the child. This includes the power to determine the child’s upbringing regarding their health, education, and religion.
Assume a scenario where a parent brings their child to the doctor, who determines that the child requires a procedure. The parent with the kid’s legal custody will decide on whether the process should take place or not.
Physical Custody
The parent with physical custody of the child has the responsibility and right to have the child reside with them. In some cases, one parent may receive primary physical custody while the other receives secondary physical custody.
For instance, the court may find one parent unsuitable or incapable of caring for the child due to drug usage, criminal activity, drug addiction, and physical abuse. In this situation, it will grant physical custody to the other responsible parent. The irresponsible parent receives extremely few or no rights to visitation.
A separation agreement between no longer-married parents can specify legal or physical custody of the kid. Legal custody cannot be divided in any other way than how physical custody is. Our New Caney divorce attorney is open to reviewing your case to determine your child’s physical and legal custody during a divorce.
How Is Child Support Determined?
In Texas, child support is necessary when the parents are divorcing. The state has established the following fundamental guidelines to guarantee child support agreements are reasonable and equal:
Financial Resources
The obligor’s net income is the most crucial factor in Texas for determining child support. The likelihood that a non-custodial parent would be required to pay child support increases with monthly income. According to Texas law, a parent with one kid must pay child support equal to 20% of their net monthly income.
The Number of Children
According to Texas child support laws, a parent who has a single kid is required to pay 20% of their net income as child support. The more children a parent must support, the higher this proportion of net income rises. For instance, a parent with four kids must pay child support equal to 35% of their monthly net income.
Kid’s Medical Requirements
Child support will be provided based on the child’s medical requirements. Parents might need to contribute to the cost of their children’s health insurance as a first step. Additionally, if a kid requires special medical care, the obligor will be needed to contribute to the cost of those services.
Texas family law courts may also consider other criteria if they believe they are crucial to determining fair and equal child support. For instance, a parent who earns little money but has significant assets may be required to pay more for child support than expected based on conventional standards. Hiring a knowledgeable divorce lawyer in New Caney would be the best action in this situation.
How Is Property Split in the Divorce?
How do Texans distribute their property fairly and correctly after a divorce? The courts consider various factors when determining how to split community property fairly and reasonably. Such factors include:
- Age and health of each companion
- Couples’ prospects for employment and education
- Length of their marriage
- What personal belongings each spouse possesses
- The cost of raising the couple’s children
- Reasons why the marriage failed
During the legal process, you must choose whether your assets are joint or own. From our New Caney divorce attorneys at Bolton Law, you can get assistance and learn how community property may be divided during your divorce.
What Is Equitable Division, and How Does It Work?
Equitable division refers to a situation where the court divides the assets in the justest and fair manner, not necessarily 50/50. According to the legal idea of equitable distribution, the court should divide the couple’s assets based on criteria or guiding principles established by state law.
When determining how to divide the property, a court may consider the following factors:
- Value of the marital property.
- Duration of the marriage.
- Each person’s source of income or potential to earn.
- Each person’s financial status.
- Each spouse’s contribution to the marital property.
Most assets acquired during a marriage are considered community property, except gifts, monetary settlements for personal injuries, and inheritances. Notably, equitable distribution does not imply that each person receives an equal share of the assets. The case may challenge you at this point. Consider consulting our team at Bolton Law in New Caney to assist you.
What Happens to the House?
After a divorce, there can be a dispute about what happens to the marital home. Texas courts take various approaches when awarding the marital home. Some of them include:
Option 1
Technically, each side receives half unless in the case of equitable distribution where the court rules otherwise. But someone will have to buy the house unless you and your ex devise a peaceful plan to split it in half with a chainsaw and a wrecking ball.
Option 2
Suppose you bought the house with your own money even before getting married. If the home has remaining dues, it will still belong to you if you decide to divorce and keep the residence. This debt would cause additional issues, as is frequently in Texas divorces.
How is debt divided, for instance, in the state of Texas upon a divorce? The other spouse could get a higher share of the other marital assets if they contributed to the ongoing mortgage payments but not the down payment on the home.
Option 3
If neither spouse in the divorce wants to stay in the home, it can be sold, and the money can be split according to a judge’s order or the parties’ agreement. This is particularly common in older divorces where the kids have moved out of the house or in divorces where neither party had children, to begin with.
If neither partner can make the mortgage payments on their own once the divorce is finalized, this arrangement is also frequent in divorces. Once more, having a skilled divorce lawyer on your side can be very helpful. Our New Caney divorce lawyers can closely examine your court order to set the rules for the property sale.
How Long Will the Divorce Take?
The filing procedure and waiting period are the sole steps before the final divorce hearing. The court will dissolve the marriage after 60 days if you and your partner agree to the divorce, asset division, and parenting plans. Consequently, uncontested divorce hearings are routinely scheduled well after the 61st day since most courts have overflowing dockets.
Due to judicial delays, even if you and your partner separate amicably, you can still be legally bound for longer than the required 60 days. Some of the factors that determine the duration of your Texas divorce include:
- Whether the divorce is fault or no-fault.
- Custody disputes.
- Method of settling the dispute.
- Dividing up the property.
A skilled New Caney divorce lawyer and family law attorney can help you avoid needless delays in your divorce while also defending your and your children’s best interests. Even in the most acrimonious divorces, our close-knit company at Bolton Law will work tirelessly to guarantee the best outcome.
How Much Will a New Caney Divorce Lawyer Cost?
In Texas, a divorce attorney’s hourly rate ranges from $130 to $415. Average overall legal fees range from $3,000 to $15,600 though they can be significantly reduced in cases with no disputed problems.
On average, the average cost of a divorce in Texas is:
- A little over $300 if you do it yourself.
- More than $500 if you use internet services.
- Between $1,000 and $3,000 for legal advice.
The average budget for a family attorney is $3,500 and $5,000. It depends on several factors, including your family situation and the lawyer’s experience level. Our New Caney divorce lawyers at Bolton Law can help you determine which elements are in your best interests.
Contact a Trusted New Caney Divorce Lawyer
Divorce is never simple to obtain. Getting a divorce in Texas is sometimes upsetting, even if you and your husband agree on a reasonable assets division and child support.
Our local New Caney divorce lawyers at Bolton Law are here to make it as simple as possible for you to petition for your divorce in Texas. We aim to assist Texans in getting divorced for a set charge and at a reasonable price. Contact us at 281-351-7897 to talk to a skilled divorce attorney to get assistance in getting your divorce without a fight.
