Divorce In Fort Worth, Texas And The Surrounding Areas
If the world were perfect, you and your spouse would be able to peacefully sort out all the issues of your divorce and come to a decision on each and every subject. Because emotions run deep during a divorce, easy solutions do not happen often. When you come to an impasse on any or all issues, it is important to understand your legal rights and your legal options. You may have rights you did not know you have.
If you moved to Texas recently, you need to know if you are even eligible to file for a divorce here in Texas.
With respect to children, who gets to make educational decisions? Who makes decisions regarding invasive medical procedures? Who is going to decide if your child needs to see a psychologist or psychiatrist. If you child wants to get married or join the military before he or she turns 18, who will sign off on it? Further, if you are the parent who does not determine the primary residence of the child, did you know that a geographical restriction can be put in place to prevent the other parent from moving far away thus allowing you to have regular contact with your children?
An experienced family law attorney can not only determine if you can file for divorce in Texas and help you with your rights regarding your children, he or she can also help you determine the proper amount child support. Child support is a math problem, but you need to know what type of income is included and excluded when determining your child support along with under what circumstances you can deviate from the child support guidelines.
Property issues in a divorce go beyond just your house. All property acquired during the marriage must be divided in a Texas divorce. Because Texas is a community property state it does not matter whose name is on a particular piece of property. Property is any real property, cars, boats, investments, retirements, pensions, 401(k)s, savings, antiques, art, collections, and the list goes on.
You must also divide all debt in a divorce including loans and credit cards.
It is a misnomer that property and debt must be divided 50/50. The Texas Family Code says property must be divided in a way that is fair an equitable and an experienced family law attorney can help you divide even the most complex of marital estates. In extreme cases of infidelity or waste of one party may be awarded a disproportionate share of the marital property.
As a stay-at-home parent, you may be eligible for alimony but only if you have been married for at least ten years. Alimony in Texas requires meeting strict criteria and not everyone is eligible. You may also be eligible for temporary spousal maintenance (or temporary alimony) while your divorce is pending. Temporary spousal maintenance is particularly useful for those who have been unemployed outside the home for a while and need some assistance while looking for a job.
All of these issues can be worked through in the traditional litigation process or a newer process called Collaborative Law that allows you to avoid going to court for any decision-making.
The Decker Law Firm can provide you the legal expertise necessary to assess your specific situation, protect your interests, and develop the right legal strategy to meet your needs. We devise and recommend solutions factoring your needs and our knowledge of the courts in the Dallas/Fort Worth area (D/FW).
Because every legal matter is unique, please contact us for an initial consultation to help ensure you have the information you need to make the appropriate decisions for your specific circumstances.