Frequently Asked Questions About Property Division, in Houston, TX
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Filing for divorce first does not affect custody decisions. The judge will consider what is in the best interests of the children when determining custody.
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No, only one person can file for divorce first. In order to make the best decision, we advise you to speak to your attorney. They will be able to advise you on what they believe to be the best plan of action.
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Yes. Under § 153.073(a)(6), parents have the right to attend school activities such as lunches, field trips, and performances. If your ex tries to block you from attending, you may need to enforce your rights through the court.
Our FAQs
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Every divorce is different, much like the people involved. Factors such as the complexity of your assets, whether children are involved, and the level of cooperation between both parties can significantly impact the timeline. Typically, divorces in Texas can range from a few months for no-fault divorce cases to over a year for more complicated situations.
It’s not just about legal steps. The divorce process involves navigating both legal and emotional challenges while making life-changing decisions about your future. A compassionate and experienced family law attorney in Houston can help you understand your rights and make informed choices at every stage.
To provide clarity, here are the stages of a divorce:
- Filing the petition. The divorce process begins with one spouse filing a petition for divorce.
- Serving the petition. The other spouse is formally notified of the divorce proceedings.
- Temporary orders. If necessary, the court may issue temporary orders addressing child custody, child support, spousal maintenance, or property use during the divorce.
- Discovery process. This stage involves gathering information about finances, assets, and other relevant details.
- Negotiation or mediation. Many divorces are resolved through negotiation or mediation to avoid a trial.
- Final decree. Once agreements are reached, or a court decision is made, the final divorce decree is issued.
We aim to minimize delays by prioritizing clear communication and maintaining an efficient approach to each step of the process. This helps your case stay on track so you can move forward with confidence.
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In Texas, property division during divorce focuses on fairness, not strict equality. As a community property state, assets and debts acquired during the marriage are generally subject to equitable distribution. However, equitable does not always mean equal. There are many factors the judge weighs for property division, but below are a few examples. A consultation with our experienced family attorneys can help you determine what to expect.
Courts consider various factors when dividing property, some common examples include:
- Earning capacity of each spouse
- Contributions to the marriage, including non-financial contributions like caregiving
- Future financial needs, such as childcare, education, or health expenses
Your financial story is unique, and distinguishing between marital property and separate property is critical. Separate property typically includes assets owned before marriage, gifts, or inheritances. A skilled family law attorney can help uncover hidden assets for an accurate and complete assessment of the marital estate.
Whether your case resolves through negotiation or litigation, preparation is key. By understanding your financial circumstances and advocating for your interests, we aim to protect your stability and security as you transition into the next chapter of life.
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In Texas, child custody is based on the best interests of the child, with courts using the Holley factors to ensure the child’s well-being. Key considerations include:
- Child’s needs: The court evaluates a child’s emotional, mental, and physical needs, prioritizing a stable and nurturing environment.
- Parental involvement: Each parent’s role in daily care, education, and decision-making is assessed, along with their ability to provide a stable home.
- Child’s preferences: Depending on age and maturity, a child’s wishes may be considered, but they are weighed against other factors.
- Stability: The court aims to maintain consistency in the child’s life, minimizing disruptions to their routine.
- Parental fitness: Each parent’s physical and mental health is reviewed, as well as any history of abuse or neglect.
- Co-parenting: Each parent’s willingness to support the child’s relationship with the other parent is crucial.
- Holley factors: Texas courts may also consider specific factors like parental abilities, home stability, and proposed care plans.
As Houston family lawyers, we help create custody plans that fit your child’s needs while balancing school, activities, and each parent’s circumstances. We encourage collaborative solutions, like mediation, to achieve stable and supportive outcomes.
