It’s important to begin by saying that Texas courts do not give mothers or fathers preference in the divorce process, and it’s neither a mother or father state. This said, however, if you are a mother facing a divorce, you have a unique perspective that deserves careful attention.
Because protecting your financial rights – as well as your rights as a mother – is paramount, working with a dedicated Round Rock divorce attorney with a keen focus on women’s rights is key.
Where to Begin
If you are considering divorce or your spouse has served you with divorce papers, you may need help figuring out where to begin. The most important task at this point is taking the steps necessary to protect your rights, and that involves finding the right divorce attorney for you.
You’re looking for someone with an impressive range of experience successfully representing mothers in challenging divorce cases and who also checks all the following boxes:
They are someone with whom you are comfortable opening up, and that puts you at ease.
They have the time necessary to focus on your case.
They take the time to help you understand the legal ins and outs of your case, help you prioritize your divorce goals, help you avoid common divorce pitfalls that often trip up women, and are firmly on your side
They are available when you need them.
They listen to you and help you make decisions that support your best interests and further your divorce priorities.
They are prepared to take your case all the way to court if it becomes necessary to do so.
If You Are Filing
If you have done the soul searching required to determine that you are ready to pursue a divorce, it affords you the advantage of having the time necessary to gather the financial documentation that the division of marital property, child support, and alimony – as applicable – hinge on.
Your Access to Financial Documents
In some marriages, the wife is less involved with the household’s financial doings, and in these cases, having the time to make copies of vital documents prior to filing can prove invaluable.
Once you file, your spouse could make obtaining the information you need more difficult, and although there are rules and regulations designed to squelch this tactic, you might have to fight to obtain the necessary financial documents.
Keeping Things Moving Smoothly Forward
Even if you and your spouse are partners agree in every sense of the word, and neither of you has an advantage in relation to your marital bookkeeping, gathering the copies you need early on can save you time and effort as your divorce heats up, which can save time, money, and frustration.
Otherwise, filing early comes with no significant advantage other than potential strategic opportunities that may or may not apply.
Residency Requirements
There are specific residency requirements that guide divorce filings in the State of Texas. To begin, at least one of you – either your spouse or you – must have lived in Texas for at least six months prior. Further, at least one of you must have lived in the county in which you file for at least the 90 days prior.
When you meet both of these filing requirements for Round Rock, which is primarily located in Williamson County, you can file for divorce in Killeen.
The Divorce Process
To better understand the divorce process in Texas, it’s important to know that your divorce will not follow exactly the same path that any other divorce follows. There are basic steps, however, that generally apply, and knowing these can help you get a better handle on your divorce.
If You and Your Divorcing Spouse Are in Complete Agreement from the Start
If you and your husband agree that you need a divorce and agree on the applicable terms, you can skip many of the steps outlined below. You’ll each need a seasoned divorce attorney in your corner to help ensure that your parental and financial rights are well represented.
It’s important to note, however, that this scenario isn’t common, and there is plenty of time for the stress of divorce to drive a wedge into your perfectly aligned divorce, which can put you all the way back to square one. In other words, proceeding with caution is advised.
The Basic Steps Forward
The basic steps forward on the way to divorce include all the following:
One of you will need to file for divorce and have the other served. If the spouse who doesn’t file waives service, this step can be skipped.
From here, the discovery phase begins. Discovery involves both sides asking for and sharing the relevant documentation that the other side requests. Financial records, bills, and property valuations are common requests.
Negotiations can begin at any point, and they involve both sides coming together – or negotiating through their respective attorneys – to resolve the divorce terms that apply. Mediation and other alternative dispute resolution options often help move negotiations forward.
If negotiations become hopelessly stalled, the remaining terms may need to be resolved in court. Because most divorcing couples prefer to keep their decision-making authority between themselves, however, even setting a court date could motivate more meaningful negotiations.
The Terms of Your Divorce
The basic terms of divorce are broken down into four basic categories.
Property Division
In Texas, the assets that a couple accumulates during their marriage – regardless of who purchases what and whose name is attached to what – are considered marital property. In the event of divorce, these assets must be divided fairly between the spouses.
A Fair Division
Fair in relation to property division involves a wide range of factors, and the fact that mothers are more likely to give up their own careers to support their husbands’ careers, are likely to earn less, and are more likely than their spouse’s to contribute to the marriage by providing childcare and homemaking is not lost on Texas courts.
Guiding Factors
Some of the primary factors that affect property division in a Texas divorce include the following:
Each spouse’s separate estate – men tend to have higher overall worth
The size of the marital estate
Each spouse’s contributions to the marriage, including in relation to caring for the children and home, which the mother is more likely to contribute
Whether either spouse supported the other while they earned a degree or otherwise advanced their careers
There are distinctions that can apply between mothers and fathers in relation to property division in a Texas divorce, and being aware of this fact can help you better protect your financial rights.
Child Custody Arrangements
While neither parent begins with an advantage regarding child custody arrangements in a Texas divorce, certain best interest factors can favor the mother when she fills the traditional role of primary caregiver. When Texas courts rule on child custody cases, they are always guided by the best interests of the involved children.
Texas courts begin with the belief that children are best served when they get to spend a considerable amount of time with both parents and when both parents are involved with the mechanics of their upbringing. This position guides Texas custody orders, barring a significant reason for ruling otherwise.
Legal Custody
Child custody is broken down into both legal and physical custody – or parenting time – in Texas, and legal custody determines who will be making the primary parenting decisions. The kinds of decisions covered include the following:
Decisions about the children's healthcare
Decisions about the children’s schooling
Decisions about the children’s religious upbringing
Decisions about the children’s participation in extracurriculars and travel
The decision about where the children make their primary home
The mother and father can make these decisions together, but one parent may have the authority to break a tie. Parents can also divide these decisions between themselves according to category, or one parent can be awarded sole legal custody.
Physical Custody
Physical custody translates to parenting time – or when your kids are with you and when they are with their father. The best-interest factors that guide parenting time orders include the following:
The children’s needs and each parent’s ability to effectively address them
The strength of the relationship each parent has forged with the children
The level of participation each parent has had with raising the children to date
How well the status quo – or the children’s current living situation – serves the children in terms of education, homelife, and community
In a divorce that involves a woman in the more traditional mother role – or who dedicates more of her time to this primary undertaking – the court is more likely to make her the primary custodial parent. This means having the children for the majority of their overnights while the father has a parenting time schedule.
Child Support
Child support is the state’s means of balancing financial support for children between both their parents. In the sense that mothers are more likely to be identified as primary custodial parents, they are also more likely to be the recipients of child support, which is generally paid by the parent with the visitation schedule to the primary custodial parent.
The fact that men generally earn more than women also supports this conclusion – the higher earner generally has the child support obligation.
Alimony
Alimony is by no means guaranteed in a Texas divorce, but it can play a role in those cases that leave one spouse with too few resources to provide for their own reasonable needs. Again, women tend to earn less than men and they’re more likely to sacrifice their own careers to bolster their husbands’ earning power.
As a result, women are more likely to receive alimony in Texas than men are. Factors like the following are all taken into consideration when Texas courts rule on alimony cases:
Each spouse’s earning power – on average, women earn less than men
Each spouse’s career history – in general, men tend to have more powerful careers
The contributions each spouse made to the other’s earning capacity – women are more likely to support their husbands’ careers than vice versa
The length of the marriage and how wide the divide is between the spouses’ incomes also play important roles in alimony determinations.
FAQ
The answers to the following frequently asked questions may help you better understand your own divorce case.
Do Texas courts show preferential treatment to mothers in divorce?
No, Texas courts do not concern themselves with the sex of the parties to divorce. Both men and women have equal rights under the law. There are, however, situations that bolster mothers in relation to specific divorce terms.
How can I protect my rights as a mother facing divorce?
The best advice for anyone facing a divorce is that working closely with a practiced divorce attorney is the surest means of protecting your rights.
As a mother, can I expect to become the primary custodial parent?
Texas courts make every child custody decision in relation to the children’s best interests, and if you taking on the role of the primary custodial parent serves this goal, the court will rule in your favor.
It's Time to Consult with an Experienced Round Rock Divorce Attorney
Brett Pritchard at The Law Office of Brett H. Pritchard in Round Rock, Texas, is an accomplished divorce attorney committed to protecting his clients' rights throughout the divorce process – in pursuit of favorable terms that support their vibrant futures.
Your case is important, so please don’t wait to contact or call us at 254-781-4222 and schedule your free consultation today.