Family and Divorce Lawyers in Tomball 

What Is a No-Fault Divorce?

In Texas, the most common type of divorce is the no-fault divorce. A couple can agree that they no longer want to be married and jointly file a no-fault divorce when neither spouse is to blame for the dissolution of the marriage.

Couples in Texas can also file for an uncontested divorce, a type of no-fault divorce where both parties agree on key issues like custody, asset division, spousal maintenance, visitation, and other aspects.

What Is the Difference Between the Legal and Physical Custody of Children?

Legal custody involves making decisions with regard to the child’s life. Legal custody grants the parent the authority to make decisions regarding the child’s education, religious upbringing, and medical care.

Physical custody refers to the daily care and supervision of the child. Parents with physical custody have the right and the obligation to care for the child. Physical custody gives the custodial parent the right to live with the child.

The following is a list of the factors the judge may take into consideration when determining child custody:

• The child’s wishes (usually applies to children of age 12 or older).
• The physical and emotional needs of the child.
• The physical and emotional danger to the child (presently and in the future).
• The parenting abilities and capacities of the spouse seeking custody.
• The plans the spouse seeking custody has for the children.
• The programs available to help the individual promote the best interests of the child.
• The stability of the proposed home or placement. Sometimes custody disputes also affect extended family members. Our team handles cases involving grandparents’ rights and can explain how Texas courts evaluate such requests.
• The relationship between the children and each parent.
• Any history of violence from either parent. 

How Is Child Support Determined?

State laws govern how child support is determined in Texas, although judges have some discretion in how those laws are applied in each individual case. 

A percentage of the paying spouse’s income dictates the amount of child support. While parents can agree to pay more child support than what the state’s guidelines require, they cannot decide to pay less, even if they both agree to do so. The court ultimately decides and approves the amount of child support.

The custodial parent must also contribute to the costs of the child’s upbringing. Child support payment computation begins with the non-custodial parent’s gross income, minus some costs for a net income, takes the number of children into account, and then takes a percentage of that figure.

The Determination of Who Pays Child Support

The period a parent spends with a child (physical custody) determines who pays support. Often, the non-custodial parent pays child support and is referred to as the “obligor.” Whether you are paying child support or not, the money is exclusively for the benefit of your child or children.

How Will Property Be Split in the Divorce?

The process of asset division in Texas begins with classifying separate and community property. The Texas Family Code defines separate property as assets owned before the date of your nuptials, assets acquired during your marriage as compensation in a personal injury case, assets acquired during marriage through inheritance, or assets acquired as a gift from a third party.

Almost all other assets will be classified as community property, except those that have been excluded through a postnuptial or prenuptial agreement. As per the Texas Family Code, community property is property acquired during marriage by either spouse, including both assets and debts.

Unless you can prove otherwise, there is a premise that any assets you or your spouse possess at the time of the divorce are community property. You will need clear and convincing evidence to show that your assets are separate property.

What Is Equitable Division and How Does It Work in Texas?

Equitable division is the division of community property in a manner that the court judges to be just and right, with due regard for any children in the marriage and the rights of the parties involved, as per the Texas Family Code.

Although Texas is a community property state, assets are not necessarily split 50/50 between the spouses. Instead, they are distributed equitably or in a way that is just and right, considering the particular situation of the couple. The court can deem a 50/50 split “just and right” in some marriages. There is also discretion to consider alternative arrangements based on the circumstances. 

The court often considers the following factors in deciding what an equitable division of community assets is:

• The duration of the marriage
• Health conditions of the spouses
• Level of education of the spouses
• Size of the separate estates (or assets) of the spouses
• Differences in the earning capacities of the spouses
• Custody of minor children from the marriage
• Nature of the assets up for division
• Contributions of one spouse to the home and to raising children during the marriage
• Fault for the divorce

Our experienced Tomball family and divorce lawyers can help with any questions about asset division in Texas. We further assist with estate planning and probate matters, which can help clarify how inheritances, wills, or future estate transfers intersect with the divorce process.

How Long Will a Divorce Take? 

Texas has a mandatory 60-day waiting period. This means that the quickest period for marriage dissolution to be finalized in Texas is 61 days. More realistically, divorce proceedings typically range from 6 months to a year. High-net worth divorces with a lot of assets to divide and cases involving children may take longer.

Bolton Law is dedicated to moving your divorce process along  efficiently, without ever compromising on your best interests. Our number one priority is to protect your interests and the well-being of your children. While we strive to settle cases through the collaborative approaches of negotiation and mediation, we are always prepared to go to court if needed to protect you and your children.