Recent studies tell us that nearly half of all marriages end in divorce. It’s just the reality we live in. If you’re reading this then maybe you are thinking about getting a divorce. I want to first say that you should try every reasonable effort to stay married if it is a loving and healthy relationship. Once you’ve made the decision to get a divorce there are many things you will need to consider. Some of these will apply to every case. It just depends on your circumstances. The main considerations in a divorce case are child custody and visitation, child support, division of property and the division of debts. Continue Reading on Divorce.
When children are involved this is almost always the number one concern. It is helpful to understand how the State of Texas approaches child custody from a legal standpoint. Continue Reading on Child Visitation.
Most everyone uses the word "custody" when talking about who has the children. Legally we use the term "conservatorship." Conservatorship is a legal term that sets out the legal responsibilities and obligations of each parent. There are two types of conservatorship. There is managing conservator and possessory conservator. A managing conservator has more legal responsibilities and obligations than a possessory conservator. Continue Reading on Child Custody.
Except in extremely rare cases, one parent will be ordered to pay child support. The obligation to pay child support remains until the child turns 18 or graduates from high school - whichever is later. As most children turn 18 during their senior year, child support continues until graduation. There are some circumstances where child support can remain in place after that time frame. This is usually in circumstances where the child has special medical needs or disabilities. Continue Reading on Child Support.
This is usually pretty clear cut. The other parent is paying the court ordered support or they are not. The only real defense is that the person required to pay child support did not have the financial ability to pay it. If someone lost their job and is now making half as much, the Judge probably will not throw the parent in jail for not making a full child support payment. It is the burden of the Obligor (person required to pay) to prove they did not have the financial ability to pay the support. Judge’s can be hard on the non- paying parent if the Judge is not satisfied of the steps the parent has taken to get a new job or better employment. A Judge can order the back support to be paid with interest, award your attorney fees, fine and even put the non-paying parent in jail. The court can also suspend a driver's license or other professional license. Continue Reading on Child Support Enforcement.
After a divorce or after a child custody case, there are certain things that can later be changed. This is called a Modification. When children are involved, the court maintains jurisdiction to modify pretty much any order regarding the children. This includes orders for visitation, custody and child support. Remember, when it comes to custody or visitation the parents can do whatever they want as long as they both agree. When there is no agreement you must follow the court orders. Sometimes the previous court orders are no longer workable or there has been a substantial change in circumstances and one party wants to change part of the previous court order. This is very broad and is truly a case by case basis. Continue Reading on Divorce Modification.
Texas is a community property state. All property is defined as being either community or separate. All property and debt is presumed to be community property in a divorce case. Community property and debt is divided by the court. Separate property remains the separate property to that person. You have to prove that certain property and debts are separate debts. In a divorce the community property is to be divided by the court in a manner that is "just and right." This doesn’t necessarily mean 50/50, but it usually does. Continue Reading on Property and Debt.
Temporary Orders are what a court puts in place while a divorce or custody case is going on. When someone files for divorce, usually someone moves out of the home if they haven’t already. Who has to move? What do they get to take? Where do the children go? Who pays for all the credit cards and auto insurance? These are all questions that need an immediate, but temporary solution. This is why most divorces need Temporary Orders. Continue Reading on Temporary Order.
Facts indicate that between forty and fifty percent of marriages end in divorce. If you are considering a divorce, it is vital that you have tried every reasonable effort to stay married. Loving and healthy relationships can often be rescued when both parties make an effort to repair what has been damaged. However, if you have made the decision to move toward a divorce, there are many things to consider. Contacting a divorce lawyer can ensure everything is handled appropriately. Chip Parker, Amarillo’s Divorce Lawyer, can help.