Family Law FAQs
How is Property Divided in a Texas divorce?
Despite people’s best efforts, sometimes two parties in a divorce cannot come to a clear agreement about how their marital estate can be divided. Therefore, the judge has to carefully examine all the details to formulate a “just and right” way of equitably dividing both the assets and the debts. This does not necessarily mean an exact “equal” division, but depends entirely on the circumstances of each spouse, taking into account their health and livelihood needs, and their earning ability.
How is Child Custody Decided in Texas?
When parents both agree on how custody and parenting schedules will be arranged for their children, the judge almost always approves of the arrangement. However, if the parents cannot agree, the judge will examine all the factors surrounding the child’s home environment, physical and emotional and mental needs, and any other elements which would affect the child’s best interest. A child over the age of 12 can tell the judge their preference, but this is not always the deciding factor.
Can I Receive Alimony in Texas?
Usually, Texas does not grant spousal maintenance unless there is clear proof that the spouse seeking aid has demonstrably proved their efforts in trying to get an income. If the spouse is still growing the required elements or skills to gain employment to provide for their needs, this could warrant a case of spousal maintenance.
Should I Get a Premarital Agreement?
When two parties have a wide disparity of their possession of wealth and assets, premarital agreements tend to become more common before a marriage takes place, but this is not the only scenario to warrant such an agreement. Second marriages also often benefit from these agreements, in order to protect the needs of other family members of the two parties. If you are unsure about getting this agreement, discuss it with our knowledgeable Denton family law attorneys.