Jurisdiction in a Texas Divorce
In order for a Texas court to have jurisdiction over a divorce case, one of the spouses must have been a resident of Texas for at least six months prior to filing for divorce. Regarding what county to file in known as “venue” one of the spouses must have resided in that county for at least 90 days. The idea of venue is different than jurisdiction and a family law attorney can help answer any specific questions you may have and direct you on where you should file your divorce or if your pending divorce is filed in the right county.
If you are considering a divorce in Texas, it is important to speak with an attorney to determine whether or not a Texas court will have jurisdiction over your case. An attorney can also help you with all aspects of your divorce, including property division, child custody, and child support.
Property Division in a Texas Divorce
Texas is a community property state. This means that all property acquired by either spouse during the marriage is considered to be owned equally by both spouses, regardless of whose name it is in. This includes property such as the family home, cars, retirement accounts, and personal belongings.
When a couple divorces, the court will divide the community property in a “just and right” manner. This does not necessarily mean a 50/50 split. The court will consider a number of factors when dividing the property, including the following:
- The length of the marriage
- The income and earning capacity of each spouse
- The contributions of each spouse to the acquisition and maintenance of the property
- The needs of any dependent children
In addition to these factors, the court may also consider the following factors when dividing the family home and retirement accounts in a Texas divorce:
- The value of the property
- The feasibility of dividing the property
- The needs of the children
- The financial circumstances of the spouses
- The tax consequences of the property division
The court may order the sale of the family home if it is difficult to divide or if both spouses cannot agree on who should keep it. The court may also order one spouse to buy out the other spouse’s interest in the home.
The court may also order the division of retirement accounts in a Texas divorce. The court will typically divide the accounts equally, but it may consider factors such as the age and health of the spouses, the tax consequences of the division, and the needs of the children when making its decision.
Child Custody and Child Support in a Texas Divorce
The court will also determine child custody and child support in a Texas divorce. Child custody refers to the legal right to make decisions about a child’s upbringing, such as where the child will live, what school the child will attend, and what medical care the child will receive. Child support is a financial obligation that one parent owes to the other parent to help support the child.
The court will consider a number of factors when determining child custody, including, but not limited to, the following:
- The wishes of the parents
- The needs of the child
- The physical and emotional health of the parents and the child
- The stability of the parents’ homes
- The parents’ ability to provide for the child’s emotional and physical needs
- The court must take the preference of a child over twelve years old into consideration but it is not obliged to follow that preference if the court deems it is not in the child’s best interest.
The court will typically award primary custody to one parent, while the other parent receives visitation and pays child support.
The court will also determine the amount of child support that one parent will owe to the other parent. The amount of child support will be based on a number of factors, including the income of the paying “obligor” parent and the number of children. In general a formula is applied called guideline child support, but the court is free to veer from the guideline if after considering relevant factors such as the cost of living in the area for example they find that an increase or decrease in guideline child support is in the child’s best interest.
If you are considering a divorce in Texas, it is important to speak with an attorney as soon as possible. An attorney can help you understand your rights and options regarding property division, child custody, and child support. An attorney can also negotiate a fair property settlement and child support agreement on your behalf.
Consult with an Attorney
The law on divorce in Texas is complex and ever-changing. It is important to consult with an attorney to get specific advice about your case. An attorney can help you understand your rights and options and can represent you in court if necessary. It is important to hire an attorney if you are involved in a divorce, even if you think your case is simple. An attorney can also help you negotiate a fair property settlement and spousal maintenance agreement.
The Law Office of Chad Zubi, PLLC offers free consultations to individuals who are involved in a divorce or are considering filing for divorce. Our attorneys have extensive experience in family law and can help you understand your rights and options. We can also negotiate a fair property settlement and alimony agreement on your behalf.
To schedule a free consultation, please contact us today. We are here to help you through this difficult time.
