Texas law presumes that all property possessed by either spouse during or upon dissolution of the marriage is community property unless proven otherwise. This can include income, real estate, and personal property at https://eatonfamilylawgroup.com/houston/divorce/.
Separate Property
Separate property is that which belongs to one spouse individually. This includes property owned before the marriage, as well as inheritances or gifts received by one spouse during the marriage. Distinguishing between community and separate property is crucial during divorce proceedings, as it affects the division of assets at https://eatonfamilylawgroup.com/houston/divorce/.
Best Interest of the Child
This principle guides all decisions regarding child custody and support. Courts prioritize the child’s health, safety, and welfare above all else. Factors considered include the emotional and physical needs of the child, parental abilities, stability of the home, and the child’s preferences if they are of a certain age.
Conservatorship
In Texas, conservatorship refers to the legal rights and duties of a parent. There are two types: joint managing conservatorship (JMC), where both parents share decision-making responsibilities, and sole managing conservatorship (SMC), where only one parent has the exclusive right to make certain decisions regarding the child’s upbringing.
Possession and Access
Often referred to as “visitation,” this term outlines the schedule for when the child will be with each parent. Texas uses a Standard Possession Order (SPO) as a guideline, which can be customized based on the family’s needs and circumstances. This ensures both parents maintain a relationship with the child post-divorce.
Child Support
Child support is a payment from one parent to the other to assist in the financial responsibilities of raising a child. Texas has specific guidelines to determine the amount of support based on the paying parent’s income and the number of children. The obligation to pay child support generally continues until the child turns 18 or graduates from high school, whichever occurs later.
Spousal Maintenance
Also known as alimony, spousal maintenance is financial support paid to a spouse after a divorce. In Texas, this is not automatically granted and is typically awarded only under certain conditions, such as if the marriage lasted at least ten years and the spouse seeking support lacks sufficient property or income to meet their needs.
Marital Agreement
Marital agreements, including prenuptial and postnuptial agreements, are contracts entered into by couples either before or during the marriage. These agreements can determine how property and debts will be handled in the event of divorce or death, providing clarity and protection for both parties.
