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Sugar Land Divorce Law Blog

What assets to consider during property division

Much like we think cancer, a car accident or a job loss will never happen to us, most married couples in Texas believe that divorce won't happen to them either. However, the reality is that this divorce is a process that some married couple will face. Thus, it is important to consider what a spouse will need to do to complete the process with their rights intact.

The division of marital property can be one of the most contentious divorce issues. Oftentimes spouses cannot see eye-to-eye when it comes to property division, and disputes are likely to arise. These arguments are not only based on what is legally considered marital or separate property, but they are also based on whether separate property could be considered marital property due to how it was treated during the marriage.

Helping you through family law matters post-divorce

Because family is our lifeline and the most important part of our lives, legal issues pertaining to family can be emotionally charged. No one wants to think about the possibility of a family splitting up due to divorce. Parents especially may be unhappy with the fact that after the divorce is final, they may no longer be able to see their child on a daily basis. However, this is a reality that many families in Texas and elsewhere must face when parents decide to part ways through divorce.

Because no two families are alike, the circumstances and factors that make up the situation are not alike either. Every family law issue is unique, and parents dealing with custody and child support issues need to understand their rights in their unique situation. At the Law Office of Michael D. Tracton, P.C., our skilled legal team has decades of experience handling family law matters. Our law firm is sensitive to these emotional matters, and it is our goal to meet the needs of our clients in the Sugar Land area.

The Texas divorce process differs from many other states

When going through a divorce, the exact process that you will follow will depend largely on the state that you are residing in. Many people do not realize that each state has its own set of laws that governs the way property is divided between each spouse.

If you are a resident of Texas when you start your divorce process, it is important that you take the time to understand how the law works in regard to the division of assets. In this way, you can be adequately prepared to make the wisest choices when it comes to your divorce.

What can help Texas parents in a co-parenting arrangement?

When a marriage comes to an end, the one thing spouses are focused on is moving on with their new single life. However, this can be challenging when one is still required to have some contact and communication with their ex. When children are involved, divorcing parents in Texas and elsewhere will need to figure out a way to work through their differences as they share time with their child. Whether it was an amicable divorce or messy divorce, it is still possible for divorced parents to collaborate and work out a shared parenting arrangement.

What can help parents in a co-parenting arrangement? Much like no two divorces are the same, no two co-parenting arrangements are the same. Nonetheless, there are certain tips divorced parents should consider when developing and entering into a co-parenting relationship. Once a joint custody arrangement has been set, it is important to be consistent with parenting styles. It is important to be on the same page when it comes to rules and discipline. It is also important to maintain structure, such as having the same routine and schedule.

The 'best interests' standard during child custody matters

Ending a marital relationship is tough. No one gets married thinking that it will one day end in divorce. However, the unfortunate reality is that roughly half of all marriage will meet this fate. Even when a spouse in Texas can cope with the idea that their marriage is over, it is much harder to cope with the idea that they have to develop a child custody plan. No one wants to think about spending less time with their child than they already have. However, this is a divorce issue that many have to come to terms with.

When establishing a child custody arrangement, courts will often look at the best interests standard when ruling on a custody order. This standard focuses on the placement of a child and what custody plan will provide the best outcome when it comes to their well-being and safety. While there is no standard definition for these guidelines, it generally refers to the legal deliberation the courts take when determining what services, actions and orders serve the best interests of a child.

Above-guideline child support in Texas

Child support orders are usually issued by the family courts and directed at biological parents who are not their children's primary custodians, and therefore not otherwise financially responsible for their day-to-day needs. While basic child support orders are fairly straightforward and calculated by factoring in both parents' incomes, there can be situations that require more tailored solutions.

In the state of Texas, the guideline maximum amount for child support orders is $1,500. In some situations, however, this figure may be exceeded. This could be true in cases where the parent paying child support has an exceedingly high income. It might also be the case if it is determined to be in the best interests of the child in question, e.g., if they have special needs and require more support than the average child would.

Financial issues with a gray divorce

As we age, the situations we deal with tend to get more and more serious. Take divorce for example. Ending a marriage later in life presents a whole different set of divorce issues when compared to a marriage ending only after a few years and the spouses are relatively young. With gray divorces becoming more and more popular amongst people in Texas and nationwide, individuals nearing or in their retirement years have multiple divorce issues to address.

According to current statistics, the divorce rate for those over the age of 50 has doubled since the 1990's. Divorcing later in life can be tremendously different than divorcing in your 20s and 30s. For most, it means not dealing with issues with child custody and support. However, a gray divorce means addressing some difficult financial issues, some of which impact a person's retirement plans.

What are the rules in Texas surrounding spousal maintenance?

Let's face it; divorcing a spouse, no mater the length of the marriage, is a difficult time. It is a process that causes major changes. Some of these changes impact the spouses financially. One might have to pay a mortgage on their own while the other might have to go back to school or obtain training to get a better paying job. Because the financial disparities between spouses can be vast, requesting spousal maintenance is common in divorces in Texas and elsewhere.

What are the rules in Texas surrounding spousal maintenance, also known as alimony? When a spouse seeks spousal maintenance, this typically means that he or she cannot support their minimum reasonable needs. One of two conditions must apply when requesting spousal maintenance in Texas. First, the paying spouse was convicted of or received a deferred adjudication of a family violence act that was either committed during the marriage but no more than two years before divorce was filed for or during the pending divorce.

Marital property laws in a Texas divorce

For some spouses in Texas and elsewhere, ending the marriage might be a step in the right direction. While it is not a pleasant time, if it is obvious that a marriage cannot be saved, spouses might be able to go through the process with a positive attitude. However, even when divorcing spouses are working through the dissolution process collaboratively or amicably, this does not mean problems will not be encountered. When it comes to property division, this is considered one of the most contentious divorce issues, causing many spouses to dispute over which spouse gets what.

Based on Texas marital property laws, Texas is a community property state. This means that all the property and assets acquired by the married couple during their union is considered marital property. Marital property is then subject to division in the divorce process. For the most part, this means that all property and income will be divided equally between spouses in the divorce process.

Child custody and special needs children

When a child has special needs, it is important to make sure that enough consideration has gone into creating an appropriate child custody arrangement. Every child is different, and it is vital that care and thought goes into their routines. However, children with autism spectrum disorder, learning difficulties, Down syndrome and other conditions are likely to depend on certain routines that make them feel safe and help them to thrive.

As the parent of a child with special needs, you know them best, and therefore you know what is best for their happiness, growth and development. When you are filing for custody of a special needs child, it is a good idea to show the ways that you are able to provide for them and help them through their condition and disability.