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Texas Divorce Laws
Use this page to research Texas divorce laws that are relevant to your situation. It is always a good idea to be prepared before talking with your Texas divorce lawyer. This page provides you with Texas Divorce Law information to assist you in your research. You can also read the Texas Legal Separation and Texas Healthy Marriage Bill articles for more information on Texas Legislation.
Texas Child Support Laws
In Texas Divorce, child support is determined by a formula developed by Texas legislature. The formula is based upon the percentage of the Obligor’s net income. For example, an Obligor with one child should pay 20% of his or her net income. If the Obligor has 2 children, he or she should pay 25% of his or her net income. The more children there are, the greater the percentage. However, if the Obligor has another child with another parent, the Obligorís child support obligation is reduced by a percentage.
Texas Child Visitation Laws
An original suit in Texas must be filed for a father who is not married to the mother of his child to obtain visitation rights to a child. If a prior custody order was issued by a Texas court not containing visitation provisions, the father must file a modification in order to attempt to obtain rights in Texas. Visitation rights in Texas can be enforced against a parent who is not complying with a court order by having a Texas Divorce Lawyer file an enforcement motion.
Texas Child Custody Laws
In Texas, there is a rebutable presumption that parents should serve as the Joint Managing Conservators of their children. Conservatorship is another term for Child Custody in Texas, and the entire regime about the children is now known as a Parenting Plan.
Texas Property Division Laws
It is up to the Texas courts to divide each parties’ community property. On the other hand, it does not have the authority to divide each parties’ separately owned properties unless agreed upon by the owner. Therefore, the Texas court sorts out if each item is deemed to to community or separately owned property.
Community property is defined as all property that was aquired during the marriage, excluding inheritances and gifts. If the couple purchases any items during the separation phase of the divorce, this is also considered community property. Any asssets (including money) aquired during the marriage from personal injuries is not considered community property unless it is used to repay for lost earnings or medical expenses. By default, the Texas court considers all owned property by each party is community unless proven otherwise.
If the married couple ran up a debt, this debt is considered community property that each party is responsible for. Creditors have the right to collect from either party no matter if there is an agreement made or court order. The court does have the right to order one party to pay certain debts, which may include attorney's fees and other divorce related costs. However, this is not a requirement of the court and rarely happens.
Make an Appointment with a Texas Divorce Attorney in Your Community
About the Divorce Attorneys at Straight DivorceWhen dealing with family law and divorce issues, a divorce attorney can help make the transition a little smoother. Making the divorce process as simple as possible, the divorce lawyers at Straight Divorce are available for consultation by filling out the free divorce case review or by calling us at 1 (877) 420-6657.