Divorce is a challenging and emotional process, and it can become even more complicated when you’re not familiar with the laws governing it. In Houston, Texas, divorce laws are specific and require understanding to navigate effectively. Here’s what every spouse should know about Houston divorce laws.
Firstly, Texas is a community property state. This means that any property acquired during the marriage belongs equally to both spouses, regardless of who earned or purchased it. Therefore, in a divorce proceeding in Houston, the court will divide all community property equally between both parties unless there is a compelling reason for an unequal distribution.
Secondly, one must understand that Texas law recognizes no-fault divorces. A no-fault divorce implies that neither party needs to prove the other at fault for the dissolution of their marriage. Instead, they only need to assert that they have irreconcilable differences or cannot get along anymore (referred as “insupportability”). However, if one spouse has committed adultery or cruelty which led to the breakdown of the marriage, this could be used as grounds for a fault-based divorce and may influence how assets are divided.
Another significant aspect of divorce houston law revolves around child custody and support issues. The courts always prioritize what’s best for the child while determining custody arrangements. Joint managing conservatorship (JMC) is common in Texas where both parents share rights and duties regarding their children but does not necessarily mean equal physical time with them.
Child support payments are typically calculated based on guidelines set forth by Texas law which considers factors such as income level of each parent and number of children involved among others. It’s important to note that these payments can be modified if there’s significant change in circumstances like loss of job or increase in cost-of-living expenses.
Lastly but crucially comes alimony or spousal maintenance issue which isn’t automatically granted under Houston Divorce Laws unlike some states where it’s mandatory after long-term marriages. To qualify for spousal maintenance, the spouse seeking support must meet certain conditions like being unable to provide for their minimum needs due to a disability or taking care of a child with special needs.
In conclusion, understanding Houston’s divorce laws is critical for anyone considering divorce in this jurisdiction. It’s always advisable to seek legal counsel before proceeding with such life-altering decisions as they can provide guidance tailored specifically to your situation and help protect your rights throughout the process. Remember, every case is unique and what applies in one may not necessarily apply in another. Knowledge about these laws will prepare you better for the journey ahead should you decide that divorce is the right step for you.
Laura Franco Law
11222 Richmond Ave. Ste 225, Houston, TX 77082
281-920-9777
