DIVORCE

What is a contested divorce?

Divorces may be uncontested or contested. Contested divorces occur when the spouses are unable to agree on how the division of assets or custody of children should be handled.

Will I get custody of my child?

A Texas Court will always decide custody on what the court determines in the best interest of a child. Generally, courts will rarely award one spouse sole custody and will generally order that both spouses are joint managing conservators. If spouses disagree on how custody will be shared, the Court will consider many factors to determine custody including:

  • Previous relationship history between the spouses and children

  • History of abuse or neglect

  • Health of spouses and ability to care for the children

  • Where each spouse lives and how close they live to each other

What is a Standard Possession Order?

In many cases, spouses may agree, or a court may order custody pursuant to the Standard Possession Schedule found in the Texas Family Code. The non-primary spouse that has standard possession is entitled to possession of a child during the 1st, 3rd, and 5th weekends of each month throughout the year.

How much child support will I owe?

The Texas Family Code determines the guidelines for child support based on the net resources of the parent obligated to pay (obligor). Factors affecting child support including the number of children the obligor is responsible for and whether those children are from more than one relationship. Generally, the Texas Family Code states the child support is calculated as

  • 20% of the obligors net income for one child

  • 25% for two children

  • 30% for three children

  • 40% for 5 or more children.

How will a Court divide our assets?

When a couple gets married, the property obtained during the marriage becomes community property, while property you owned prior to your marriage is separate property. Texas Courts will divide the community property according to what the Court considers a “just and right division.” This division is not automatically an equal split, rather, the Court will look at many factors to determine how to divide the property. Factors may include the following:

  • each spouses ability to earn income

  • current financial situation

  • the nature of the property in question

  • business opportunities available to each spouse

  • any allegations of abuse during the marriage.

Why choose Nelms Law Firm?

At Nelms Law Firm, we will fight for your rights to assets and your rights as a parent. Contact us today for the representation you need for your divorce or child custody case.