Family law is an important area of the law that includes divorce but goes well beyond divorce. If you’re facing a civil law concern related to your family, it’s likely addressed by family law. Whether you’re considering a divorce, need a post-divorce modification, have concerns related to paternity or adoption, or anything in between, turning to experienced Austin family law attorneys is always advantageous.
Divorce
Divorce is a cornerstone of family law, and it involves the legal dissolution of the marriage contract. While every divorcing couple has a unique divorce experience, the terms of divorce don’t vary from couple to couple. Every divorcing couple must resolve the following issues as they apply to their case:
The equitable division of marital property
Child custody arrangements, including the parenting time schedule
Alimony
What Are the Grounds for Divorce in Texas?
Most divorces in Texas are no fault. These divorces are based on insupportability, meaning irreconcilable differences.
Texas also supports fault-based divorce, which can be based on any of the following grounds:
Adultery
Cruelty
Felony conviction
Living apart for at least three years
Confinement to a mental hospital for at least three years
The spouse who seeks the fault-based divorce must prove the other spouse’s fault in the matter, which generally means the divorce will be contested. Contested divorce comes with added costs and tends to be more time-consuming.
How to File for Divorce in Texas
If you’ve made the difficult decision that you need a divorce, the first order of business is reaching out to a trusted Austin family lawyer who will take care of all the filings on your behalf. Your lawyer will help you better understand your options and will help guide you effectively and efficiently on the path toward a divorce that protects your financial and parental rights.
How to File for Divorce in Texas without a Lawyer
When you file for divorce in Texas, it is always in your best interest to have the skilled legal guidance of an Austin, Texas, family law attorney in your corner. If you are determined to file without a lawyer, you can follow the court’s online guidance, but you should keep in mind that your parental and financial rights are on the line. You should proceed with caution.
Post-Decree Modifications
The terms you receive upon divorce are legally binding, but if an issue arises that makes the divorce term in question no longer appropriate or beneficial, divorce decree modifications can be sought through the court. It’s important to note that child custody and child support terms can also be obtained outside of divorce.
Child Custody Arrangements
Texas courts base every child custody ruling on the best interests of the involved children. If either parent or any of the children have undergone a substantial change in circumstances, a modification may be in order.
For example, very young children have very different needs than children who are finishing up their high school years and may have cars and part-time jobs of their own. Texas courts take these matters into consideration.
The following situations are common reasons for child custody modifications:
The primary custodial parent has a job opportunity elsewhere that would also increase the opportunities available to the children.
The children’s schedules have changed dramatically.
Either parent’s work schedule has changed significantly.
A child who is considered mature enough to voice a reasonable preference would like to live primarily with the other parent.
Either parent’s circumstances have changed to the degree that the current parenting time schedule no longer works for them.
Child Support
Child support is calculated according to an exacting state schedule in which there is little room for discretion on the part of the court. While there are situations in which the court will rule other than in accordance with state guidelines, they must provide their reasoning for doing so.
A prime example is a child with special needs who requires more careful care and attention and leaves the primary custodial parent in a difficult financial position without enhanced child support.
Many factors go into the child support calculation, but the primary concerns are the number of overnights each parent has with the children and each parent’s income. Typically, the higher earner of the two parents makes the child support payments.
The court will consider a child support modification after divorce if either parent has undergone a substantial change in earnings or if the children’s financial needs have substantially increased or decreased.
For example, if the parent paying child support is making significantly more money than they were when the payment was calculated, child support may be increased. If, however, the parent receiving child support is earning significantly more, child support may be decreased.
The court does not tolerate parents who earn less or quit their jobs entirely as a means of decreasing their child support obligations.
Alimony
Alimony can be modified in some situations. For example, an ex-spouse who pays alimony can automatically stop doing so – without the court’s intervention – if the recipient remarries. If the recipient is living with a romantic partner, the matter of modification can be addressed by the court.
The following additional factors may also warrant an alimony modification:
A material and substantial change in either party’s income or employment
A material and substantial change in either party’s health
It’s important to note that a modification to any divorce term – except for ending alimony upon remarriage – must be addressed by the court, and this is true even if you and your ex agree on the matter. Court orders remain legally enforceable until they are changed, and failing to comply can leave you on the wrong side of the law.
If you are seeking a modification to your divorce decree, reach out for the skilled legal guidance of a skilled Austin family law attorney.
Common Law Marriage in Texas
While you may be in a common law marriage in Texas – also called informal marriage – there is no common law divorce. The answer to “Is common law marriage legal in Texas?” is yes, but it has nothing to do with how long you and your common law spouse lived together – contrary to popular belief.
Does Your Relationship Qualify?
In order for your relationship to qualify as a common law marriage, the following criteria must apply:
You and your partner must both be at least 18 years old.
You and your partner must have agreed between yourselves that you are, indeed, married.
You and your partner must have held yourselves out as a married couple, such as by introducing yourself as husband and wife.
The following actions tend to signify common law marriage:
Being on the other party’s employment-based health insurance policy
Filing taxes as a married couple
Applying for government aid together
Taking out credit together as a married couple
Common Law Divorce
A common law divorce is a divorce. There is no abbreviated version of divorce for those in common law marriages. If you’re in a common law marriage and you break up, you’ll need to resolve all the same divorce terms that you would if you were married. You’re well advised to have a dedicated Austin family lawyer on your side during this process.
Paternity
When a child is born to a married couple in Texas, the matter of who their legal parents are is presumed. However, when a couple isn’t married, paternity – or the identification of a child’s father – must be established. If both parents agree about who the father is, a simple filing with the court will take care of the matter.
Court Ordered Testing
When one parent wants to establish paternity and the other doesn’t, or when the identified father denies paternity, the court generally orders DNA testing. Even when neither parent is eager to establish custody, the court can require testing in response to the mother seeking financial aid through the state.
The Benefits of Establishing Paternity
All parties involved generally benefit from the establishment of paternity. The father and child can forge a bond that lasts a lifetime and is enormously rewarding. In addition, the mother and child both benefit from the father’s child support payments – and the mother likely gets a well-deserved break from solo parenting when the father has visitation.
In addition, the child becomes eligible to inherit from the father according to Texas inheritance laws, can be covered by the father’s employment-based health insurance, and can be included in the father's military and disability benefits.
Adoption and Guardianship
Adoption and guardianship are two very different legal matters that both involve someone who is not a child’s biological parent addressing the child's care and well-being as a matter of law.
Guardianship vs. Adoption
Legal guardianship in Texas grants the guardian the responsibility and legal authority to care for someone else – often a child – who is called their ward. Sometimes, a parent assigns a guardian to take on the role in the event of their death. At other times, however, the court assigns guardians in response to parents who are unfit or unable to provide children with the care they need.
While a child’s guardian cares for them on a daily basis – much like a parent – the relationship isn’t intended to be a permanent arrangement in the way that a parent-child relationship is.
When a child is adopted, on the other hand, the adoptive parent or parents become the child’s legal parents. This arrangement means they have all the rights and responsibilities that any other parent has, and the child’s biological parents retain no legal rights.
The Adoption Process in Texas
The adoption process in Texas can be overwhelming, and seeking the legal guidance of a practiced Austin family law attorney is always to your advantage. There are several basic legal steps to acquaint yourself with.
Choosing Adoption
Adoptive parents in Texas can be single or married, but the following requirements apply:
You must be at least 21 years old.
You must provide proof of marriage or divorce – as applicable.
You must be financially stable and should know that the cost of adoption in Texas can be high.
You must complete the application to adopt, which includes sharing background and lifestyle information.
You must provide personal references.
You must participate in a home study.
You and every adult living in your household must submit to a criminal background and child abuse check.
Determining the Type of Adoption
Once you’ve determined that adoption is the right choice for you, there are decisions to be made regarding the kind of adoption you’re interested in. Consider the following questions:
Are you hoping to adopt an infant, or are you interested in adopting an older child?
Are you pursuing a domestic or international adoption?
Would you like to communicate with the birth parents, or would you prefer not to?
Completing the Adoption Home Study
Every adoptive parent must undergo a home study, which is conducted as a means of determining if the candidate is fit to parent a child and if their home is up to the task of safely housing a child.
Finalizing the Adoption
There are several legal hurdles on the way to finalizing an adoption, including a finalization hearing, which is followed by post-placement visits.
It’s Time to Consult with an Experienced Austin Family Law Attorney
Brett Pritchard at The Law Office of Brett H. Pritchard is an esteemed Austin attorney who offers free consultation in family law cases and helps his clients explore creative family law solutions. The outcome of your case is important to your future, and our accomplished legal team is on your side.
To learn more about what we can do to help you, please don’t put off contacting us online or calling us at (254) 781-4222 today.