Beaumont Divorce Attorney

What is the divorce process in Texas?

Completing and Filing Divorce Petitions - Generally, a spouse hires an attorney who files a petition for dissolution of the marriage, motion for temporary orders, and notice of hearing. This spouse (the Petitioner) serves the other spouse (the Respondent) by a process server or Constable with citation and copies of the petition, temporary orders, and notice of hearing.

Answering a Divorce Petition - The Respondent has the opportunity to tell the court what he or she want in the divorce. The Respondent must fill out the court forms and "answer" within the deadline set by Texas.

Trial - If the case goes to trial, each spouse will need to present evidence, possibly including testimony from witnesses, so the judge can decide a property settlement. It will be easier if represented by an attorney at trial.

What is a wife entitled to in a divorce settlement in Texas?

In Texas, a wife is entitled to an equitable share of the community property acquired during the marriage, regardless of her fault in the marriage breakdown. This ruling includes real estate, vehicles, bank accounts, retirement accounts, and personal belongings. Additionally, a wife may be entitled to spousal support, also known as alimony, if she can demonstrate that she lacks sufficient financial resources to maintain a standard of living comparable to that she enjoyed during the marriage. The amount of spousal support will depend on several factors, including the length of the marriage, the earning capacities of both spouses, and the financial needs of each spouse. Sometimes, a wife may also be entitled to a portion of her husband's retirement benefits, even if she was not employed during the marriage. Consider retirement benefits to be community property in Texas.

What are the residency requirements for a Texas divorce?

Before filing for a divorce, at least one of the spouses must be a Texas domiciliary/resident for at least 6 months and a resident of the county where filing for divorce for at least the preceding 90 days.

What is divorce mediation?

Many divorces settle with an agreement both parties can live with. Many states require mediation to help reach a property settlement and a parenting plan everyone can follow. Even without a formal program, the spouses can use a "collaborative" divorce process from the beginning or can use an "alternative dispute resolution" specialist to help settle the divorce.

What is the difference between a contested and uncontested divorce?

Some couples are able to reach an agreement about their divorce issues without having to involve the court. In these uncontested divorces, a couple can talk out their issues and come to a decision on maintenance or support payments, custody issues, property division, and more. Uncontested divorces can therefore save you stress, time, money, and disrupt your children as little as possible. However, sometimes you cannot avoid a contested divorce. These occur in matters where there are contentious issues, where spouses cannot agree, or when you and your spouse cannot come to an agreement. In these cases, your attorney may ask for the court's help in making decisions. The judge will review the facts and make his or her decision based on the circumstances and the best interests of your children.

What are Temporary Orders?

A divorce will not be granted until after 60 days have passed since the petition was filed. Temporary hearings are held within 1 or 2 weeks after filing the petition to set the groundwork while the divorce suit is pending. At temporary hearings, the court decides issues such as which spouse will retain exclusive possession and use of the residence, how property such as vehicles are to be used, and, when children are involved, where the children will reside during the divorce action during this time.

Can I ask for alimony?

Known as spousal maintenance in the state of Texas, these payments can help a spouse after a divorce. Maintenance is awarded by the court based on the circumstances of the case, including proving a need, showing that one spouse needs the training or education to join the workforce, mental or physical disability preventing one spouse from working, or an imbalance in the monetary contributions made in the marriage, among other issues.

How is property divided during a divorce?

Texas is known as a community property state, which means that most things acquired during a marriage belongs to each spouse and any property gained separately belongs to that individual spouse. Community property is divided equally, depending on the circumstances of the divorce, the financial need of each spouse, and proving any fault, along with other issues. The court may also divide a spouse's pension, 401(k), or other benefit with a Qualified Domestic Relations Order (QDRO).

How is child support determined?

Texas employs a calculation to determine how much child support a spouse may be ordered to pay. This is based on your monthly net income, including your salary, tips, rental income, and other sources of income, minus taxes and dues, and medical expenses. This is then multiplied by a percentage based on the number of children you have. The child support obligation continues until the child turns 18, graduates from high school, or is otherwise emancipated. In some instances where a child is disabled or has special needs, support obligations may continue indefinitely. Texas has efficient and stringent methods for enforcing child support orders. The parent who must pay support could have his/her wages garnished, income tax refunds diverted, lottery winnings intercepted, or even committed to jail for up to 6 months for failure to make child support payments. A parent who is in arrears for back-child support accrues interest at a rate of 6% per year on the unpaid balance.

My circumstances have changed. Can I modify my agreements?

Family law courts understand that people remarry, move for work, or gain or lose employment. In these cases, it may be necessary to modify your divorce agreement and settle new terms regarding custody of your children, child or spousal support payments, or move-away agreements. In order to do this, you and your attorney will have to prove that your changed situation requires a change in terms. You may also have to prove that your child's circumstances are dangerous or not conducive to their upbringing.