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Who will Receive the House of a Couple that is Divorcing?
Of all your assets, it is probable that the worth of your house is the most valuable. It is also likely a place where you feel comfortable and at ease. Because it is of great importance, you may be worried about this issue. If you are in the process of getting a divorce, you might wonder: Will you receive the rights to your house?
Like most areas of law, the answer to this question is not simple. But, with dedication and effort, a suitable answer can be discovered. In order to find a solution that aligns with your needs, we suggest you contact a Texas lawyer who can assist you. Here at Brandon Wong & Associates, we are here to help you navigate your journey.
House Allocation: The Relevant Options
In the state of Texas, all property acquired during a marriage is considered "community property." This means that in the eyes of the law, all assets bought during a union belong to both partners. Since both partners are typically the owners of the home, the question remains: Who will receive the property?
Can I Stop Paying Child Support if I Lose My Job?
If you are required to pay child support, and you have lost your job, you may be wondering about how your obligations will be affected. It is important to understand that until a child support modification order is issued by the court, you cannot stop making child support payments.
The Legal Obligation to Pay Child Support
The state of Texas has put guidelines in place to determine child support payments based on factors like the income earned by parents and the number of children. Once an order for child support has been put in place by the court system, it is legally binding until it is modified or terminated through proper channels. Losing your job does not automatically relieve you of your requirement to pay child support. You must keep making payments as ordered, and if you miss any payments, these amounts will be owed until they are paid in full.
When Will Hidden Assets Play a Role in a Texas Divorce?
Getting a divorce can be a complex process, and the division of marital assets can be one issue that may lead to contentious disputes and concerns about inappropriate behavior. In some cases, one spouse may attempt to conceal or hide assets during a couple’s divorce proceedings. This can have serious consequences for the other party, since it may affect their ability to receive a fair share of the marital estate.
In Texas, spouses are required to disclose all their assets and debts during divorce proceedings. However, despite this legal obligation, some individuals may choose to hide certain assets in an attempt to minimize their financial obligations or secure more favorable terms in a property settlement. A person who suspects that their spouse has engaged in this type of behavior will need to understand how to address these issues and ensure that all forms of marital property will be considered correctly during their divorce.
What Is Conservatorship in Texas Family Law Cases?
When parents need to address child custody issues in family court, some of the key decisions will be related to the conservatorship of their children. In Texas, conservatorship refers to the legal rights and responsibilities of parents regarding their children. It determines who has the right to make important decisions about a child's upbringing, such as their education, healthcare and medical treatment, and religious participation and training. In addition to conservatorship, parents will also need to determine how physical possession and access to their children will be handled.
Types of Conservatorship
In Texas, there are two types of conservatorship:
Joint Managing Conservatorship
Joint managing conservatorship is the most common type of conservatorship in Texas. In these cases, both parents will share the rights and responsibilities for making decisions about their children's upbringing. However, it does not necessarily mean that the parents will have equal amounts of possession and access. Children may live with one parent most of the time while still spending reasonable amounts of time with the other parent.
How Do I Talk to My Children About My Divorce?
Going through a divorce is challenging for any family, and one of the most difficult aspects involves discussing it with your children. Handling this conversation with care and sensitivity is crucial to help your children navigate this significant life change. Here are some helpful tips on discussing the end of your marriage with your children and ensuring that your family will be prepared for the changes you will be going through.
Honesty Is the Best Policy
When discussing your divorce with your children, it is important to be honest with them. While it can be tempting to sugarcoat the situation or shield them from the truth, children are perceptive and can sense when something is wrong. Explain the situation in an age-appropriate manner using clear and simple language. Assure them that the divorce is not their fault and that both parents still love them.
When Will the Court Order Mediation in a Texas Family Law Case?
Many families elect to use mediation to resolve their divorce, child custody, or other family law dispute without waiting for the court to order it. Mediation offers a number of benefits over traditional litigation. It generally costs less to see a mediator than to try a case in court. Mediation can also save time and lead to a more amicable resolution. Family law cases can be complicated to resolve judicially. If there are children involved the court may bring in a guardian ad litem. Both parties will need to identify and present evidence. The process can take years in some cases, particularly in a complex divorce. Mediation, however, can allow you to resolve the dispute much more quickly. In some cases, when the judge believes that mediation would be an effective way for the parties to resolve their case out of court, they may order mediation. It is still important to be represented by an experienced attorney.
How Is Alimony Calculated in San Antonio, TX?
The process of divorce can lead to a variety of financial difficulties, especially for those who rely on their partners to provide income for their families. In cases where one spouse is a stay-at-home parent, where one spouse earns a much higher income than the other, or where one spouse is unable to fully support themselves because of issues such as disabilities, alimony may be a factor to address during the divorce process. This form of support, which is also known as spousal maintenance or spousal support, will consist of payments by one spouse to the other after a divorce has been completed. In divorce cases where alimony may be a factor, it is important to understand how courts will determine the amount that will be paid.
Issues That May Affect Decisions About Spousal Support in Texas
One of the first factors considered when addressing alimony is the length of the marriage. Generally, the longer the marriage lasts, the greater the chance that alimony will be awarded. The Texas family code states that a spouse seeking spousal maintenance will be eligible for support if the couple was married for 10 years, and the spouse does not have the ability to earn enough income to cover their minimum living expenses.
Will I Need to Shut Down My Family Business When I Get a Divorce?
Getting a divorce can often be a difficult process, and if you are planning to separate from your spouse, you will need to be aware of the various legal and financial concerns that may affect your case. Some of the most complex and contentious issues to address will be related to your marital property. As you work to divide your assets and debts between you and your spouse, you will need to consider multiple types of financial factors in order to ensure that the decisions you make will protect your interests and allow for your ongoing success. These issues can be especially complicated if you are a business owner, and you may worry that your divorce could lead to the end of your business and significant financial difficulties. By understanding how issues related to your business may be handled during your divorce, you can take steps to negotiate agreements that will provide for your ongoing needs.
Is a Family Business a Marital Asset?
The first issue to address is whether your family business is an asset that you and your spouse own jointly or property that you own separately from your spouse. Marital property, which is also known as community property, consists of any assets or debts that either you or your spouse acquired while you were married. There are a few exceptions, such as property that was inherited by one spouse. However, if your business was founded or acquired at any time after the date of your wedding, it will generally be considered marital property. This means it will need to be considered as you divide assets and debts with your spouse.
What Is the Difference Between a Contested and an Uncontested Divorce?
Legally ending a marriage can be a complex process. After filing for divorce, there are numerous issues that will need to be addressed and resolved, and specific legal procedures will need to be followed before a family court judge will issue an order terminating the marriage. In general, there are two potential approaches that may be taken during this process, and spouses may pursue either a contested divorce or an uncontested divorce. By understanding how these approaches differ and the potential benefits and drawbacks of each option, a person can determine what they will need to do to complete their divorce successfully.
Contested Divorce
A contested divorce is one in which the spouses cannot agree on certain terms related to the end of their marriage. These disagreements may be related to issues such as child custody, property division, alimony, or any other matters that will need to be resolved before their marriage can be dissolved. When negotiations between spouses reach an impasse, they may bring these matters before a judge and ask them to make the final decisions. A divorce trial will then be held in which the spouses' attorneys will make arguments on their behalf, each side will question and cross-examine witnesses, and evidence may be presented. The judge will determine how all outstanding issues will be resolved, and they will then create a divorce judgment and terminate the marriage. A divorce trial can be very expensive, time-consuming, and emotionally draining, and it is often a last resort when all other options for resolving disputes have failed.
Do Fathers Have Rights to Child Custody in a Texas Divorce?
Getting a divorce can be a tough and emotionally exhausting process, especially for parents who are fighting over the custody of their children. Ideally, parents would be able to share the custody of their children in a nice and cordial manner. In reality, this is not always the case, and contentious disputes may arise about where children will live and how parents will make decisions for them in the years after their divorce. Unfortunately, fathers sometimes feel like they do not have the same rights as mothers when it comes to child custody. Because mothers have traditionally been responsible for child care, some people assume that they will have primary or sole custody of children after getting divorced. However, these attitudes have changed in recent years, and both fathers and mothers will need to understand how the laws address fathers' rights in divorce and family law cases.
From our office in San Antonio, we provide legal help to clients throughout Central Texas, including Converse, Seguin, Selma, Windcrest, Schertz, Live Oak, New Braunfels, Alamo Heights, Balcones Heights, Castle Hills, Hollywood Park, Shavano Park, Leon Valley, Helotes, Boerne, Bexar County, Comal County, Kendall County, Guadalupe County and Medina County.
Results listed are not a guarantee or indication of future case results.
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