Common Questions Regarding Family Law In Texas
Whether you are facing a divorce, a domestic violence issue or a child custody matter, family law in Texas can be difficult to navigate on your own. You likely have many questions about your situation and your future. At Albizu Law, we answer questions like yours for clients every day. Some common questions we hear include:
How does the court decide child support in Texas?
Texas law lays out specific guidelines for awarding child support. It first considers who has physical custody, known as possession, of the children most of the time, then awards a certain percentage of the noncustodial parent’s monthly income based on the number of children.
Is property in a divorce divided 50/50?
Texas is a community property state, which means that any property a couple acquires while they are married is owned equally by both spouses. The law recognizes that an exact 50/50 split in a divorce may not be mathematically possible. Instead, the judge looks at a number of factors with the goal of obtaining a “fair and right” division of property. Individual circumstances may justify a disproportionate distribution of property. Each spouse generally retains separate property, which is property they already owned prior to marriage, or assets received through inheritance or gift, when the assets are not otherwise commingled with community property.
I think my spouse is hiding assets in our divorce. How can I find out?
During a divorce, both spouses must give an honest accounting of all assets so the judge can determine what is marital property and how to divide it. If you suspect your spouse is lying and hiding assets, you may need to hire a forensic accounting professional in order to investigate the financial records.
Will my accusation of domestic violence affect my divorce?
The answer depends on the type of domestic violence alleged. The court will take into account issues of stability, safety and domestic violence when determining custody issues. If your ex was not violent toward the children, they may still have some visitation rights.
What if my spouse starts spending all of our money during the divorce?
During divorce, wasting assets is the idea of spending community money for unneeded expenses. Examples include taking big chunks of money out of the bank, extravagant vacations, giving away money to relatives and amassing a large debt without the consent of the other spouse. If this happens during the divorce, you may seek a temporary restraining order (TRO) to put a stop to it.
Do You Have Family Law Questions?
These are general questions with general answers. You most likely have additional questions specific to your legal situation. Allow us to answer them for you. In addition to having experienced family law attorneys on staff, we also have a native Spanish speaker. Attorney Iris Albizu was born and raised in Puerto Rico. Hablamos español.