The impact of a divorce cannot be overstated. A divorce decree will determine the outlook for your future for years to come. These matters must address every part of your life, from property rights, to alimony, to child conservatorship.
A Fort Worth divorce lawyer could help to protect your rights in a pending divorce. Experienced attorneys could explain the relevant laws and help you develop a plan designed to protect your future and the future of your children.
What to Expect in the Divorce Process
To initiate a divorce, one spouse files a complaint in a Fort Worth family court alleging a breakdown in the marriage. Texas Family Code §6 provides a variety of justifications for dissolving a marriage, including a felony conviction, abandonment, and adultery. However, most plaintiffs file cases alleging simple insupportability, otherwise known as irreconcilable differences.
In this complaint, the filing spouse may ask the court to grant a temporary restraining order. This can prohibit the other party from moving or selling property and forbid the spouses from threatening or harassing each other. Courts may also issue temporary orders concerning issues of immediate need, including the use of property and custody of children.
Many divorce cases end in a trial, but this is not always necessary. In some cases, spouses are able to make a fair agreement themselves, which can significantly shorten and simplify a divorce proceeding. A Fort Worth divorce attorney could provide representation during any negotiations and even in trial, if necessary.
Fighting to Protect Peoples’ Futures
Regardless of how a divorce decree comes into being, it has a lasting and binding effect on both parties. For this reason, it is exceedingly important that people fight for terms that work for them.
The primary concern of any family court is the welfare of children. Courts must make accommodations for where that child will live and which parent will make decisions about their life. Usually, the court will order a joint managing conservatorship, meaning both parents have the right to make decisions, and the child will spend some time living with each parent. In other cases, the court grants sole powers to one parent, with the other possibly retaining visitation rights.
Other important factors in many divorces are child support and alimony. A parent without primary custody of the child must always pay some amount of support. The exact amount will vary on a case-by-case basis, but it is always a percentage of the non-custodial parent’s income. The state publishes a calculator that can help parents estimate their payments.
A court may also order one spouse to pay maintenance, or alimony. According to Texas Family Code §8.055, this amount can never be more than $5,000 per month or 20 percent of a payor’s average monthly income. In addition, spouses are only eligible for maintenance if the marriage lasted for at least ten years and they are unable to earn a living on their own. A Fort Worth divorce lawyer could help individuals understand their rights in a divorce and fight to protect their interests.
A Fort Worth Divorce Attorney Could Help You During a Difficult Time
A divorce must take into account every portion of the spouses lives moving forward. This includes property rights, the care of children, and the payment of support. While spouses are free to craft agreements on their own, these situations are often emotionally charged, and negotiation can become difficult.
A Fort Worth divorce lawyer could help protect your rights during every step of the process. Whether your goal is to come to a fair settlement agreement to quickly end the case or you anticipate going to trial, an attorney could help. They could help you understand your legal options, identify realistic goals, and choose a path most likely to protect your future. Call today to schedule a consultation.