Your divorce will be specific to you and your soon-to-be ex, but every divorcing couple faces many of the same legal challenges. Ultimately, the terms of your divorce will directly affect your financial future and your parental rights. As a result, it is important to have the skilled legal counsel of an experienced Travis County divorce attorney backing you up from the start. 

Most Divorces in Travis County Are Uncontested

An uncontested divorce is one in which the couple is able to find common ground in relation to each of the divorce terms that apply. This means that they do not proceed to trial and do not require the court’s intervention.

The benefits of an uncontested divorce are significant, and they include:

• They tend to be less time-consuming. 
• They tend to be less costly.
• They generally help keep divorce drama to a minimum. This can lead to emotional benefits for everyone involved, including the children.
• The divorcing spouses retain the right to make primary decisions about their finances and their child custody arrangements between themselves. Most adults prefer not to ask a virtual stranger to make these critical decisions for them.

Uncontested divorces are no-fault divorces, which means they are based on insupportability in the State of Texas. This is basically another way of saying the more familiar term irreconcilable differences. 

It is important to note that Texas also allows divorces that are based on fault, such as adultery or abandonment. Fault-based divorces are contested divorces because they are resolved in court. In other words, a no-fault divorce can be contested or uncontested, but fault-based divorces are virtually always contested. 

Managing the Legal Path Forward

Divorce tends to feel like an emotional battlefield. At the same time, however, you are required to navigate some uniquely challenging legal intricacies. While your case will be specific to you and your divorcing spouse, you will need to resolve the same terms that other divorcing couples do. Having a solid understanding of your rights in relation to these terms can make a serious difference in the outcome of your case. 

The Just and Right Division of Your Marital Assets

When you divorce in Texas, your marital assets must be divided between you and your spouse in a fair manner, given the unique situation at hand. The state calls this a just and right division. Your marital estate contains every asset that you, your spouse, or the two of you together came to own during your marriage, with very few exceptions. 

Those assets that either of you owned before you married remain the sole property of the original owner as long as the assets were kept separate throughout the marriage. If either spouse fails to actively keep their separate assets strictly separate, it can seriously complicate the fair division of marital assets, which is complex to begin with.

It should be noted that when a spouse claims the separate nature of a specific asset, they must be prepared to back the assertion up with evidence. The State of Texas begins with the presumption that all assets are marital.  

Conservatorship, Possession and Access

Texas addresses child custody arrangements in terms of conservatorship and possession and access. Conservatorship establishes the authority to make primary parenting decisions on behalf of the children regarding major concerns like the following:

• Their health care
• Their education
• Their participation in extracurricular activities
• Their religious education

Possession and access, on the other hand, determine the parenting time schedule. Texas courts base decisions regarding both conservatorship and parenting time on the children’s best interests. This means that – whenever possible – the parents share each of these to one degree or another.

Child Support 

Child support is calculated in accordance with strict state guidelines. Generally, the parent who earns more can expect to have the child support obligation, and sharing parenting time equally does not alter this.

Alimony  

In Texas, alimony is called spousal maintenance, and it is only ordered when the following apply: 

• The divorce leaves one spouse unable to address their own minimum reasonable needs.
• The other spouse has the means to help offset this financial discrepancy.
• The marriage lasted at least 10 years – unless extenuating circumstances apply, such as caring for a child of the marriage who has a serious disability.

It Is Time to Consult with an Experienced Travis County Divorce Lawyer

Brett Pritchard at The Law Office of Brett H. Pritchard is a formidable Travis County divorce attorney who is well prepared to implement the full force of his impressive experience and legal skill in pursuit of an optimal case outcome that bolsters your rights and best interests. We are on your side and here to help, so please do not hesitate to contact or call us at 254-781-4222 for more information today.