People who are considering divorce have many important questions to consider. They may wonder how often they will get to see their kids, if they will be able to stay in the same home, or if they will be able to pay their bills.
Fortunately, a Denton divorce lawyer could help you address these issues and more. For help understanding your rights and protecting your family, contact an experienced family law attorney today.
Marital Estate Division
Whenever a couple gets divorced, they will be required to divide their marital estate. The marital estate is made up of any property that the couple acquired while they were married, with the exception of gifts or inheritances that one person received in their name alone.
Parties to a divorce will be required to list and value all of these assets, including real estate, retirement accounts, investment portfolios, and bank accounts. Even if an asset or account is in only one person’s name, it may be subject to division during a divorce.
Conservatorship and Support
If a marriage produced children, the divorce decree must determine who will have custody of the children and the amount of child support one parent will pay to the other. In Texas, the law presumes that parents will share custody as equitably as possible unless one parent is unfit or unable to care for the children.
While the law may presume that parents will share custody, known as conservatorship in Texas, this is not always practical. If one parent works more than the other or cannot take care of the children as frequently, a judge may award the other parent sole or joint managing conservatorship. Regardless of the actual arrangement, most parents who have not been declared unfit by a court of law will share some type of managing or possessory conservatorship that will allow them to spend time with their kids.
The party who spends the least amount of time with the children is often ordered to pay child support to the parent. The amount of child support a parent owes depends on several things, including each parent’s income and assets, the number of overnight visits each person spends with the children, and any additional expenses for things like daycare or health insurance.
Enforcing Marital Contracts
The parties to a marriage are free to make contracts with each other regarding their finances in the event of a divorce. These contracts, also known as prenuptial or postnuptial agreements, may define potential spousal support arrangements, asset division, or each party’s rights or responsibilities during the course of a marriage.
When written correctly, marital contracts can be difficult to invalidate during a divorce. However, a skilled Denton divorce attorney may be able to find grounds to nullify the contract. For instance, if the contract is unconscionable or if one party hid the details of their finances from the other, the court may refuse to enforce the agreement.
Speak with a Denton Divorce Attorney
Filing for divorce can be a stressful and uncertain experience. If you are considering separating from your spouse, or if you were served with divorce papers, it is critical to consult with a family law attorney about your options. Schedule an appoint with a Denton divorce lawyer and take the first step in preparing for your future.