Divorce is the dissolution of the marriage contract, which makes it a complex legal matter. It is also, however, a challenging emotional transition in which your parental and financial rights are at stake. Having professional legal representation in your corner is paramount, and an experienced Troy divorce attorney is well prepared to help guide your case forward toward a favorable resolution. 

Your Parental Rights  

If your divorce involves shared children, your child custody arrangements and the matter of child support are of primary concern. Texas uses the term conservatorship for legal custody and possession and access for physical custody. 

The State’s Position

Like other states throughout the nation, Texas bases rulings related to child custody arrangements on the children’s best interests. This begins with the presumption that children are better off when they maintain a close relationship with both parents, barring a significant reason for seriously limiting one parent’s visitation. 

Further, both parents are required to continue supporting their children financially. And the state’s child support calculation process is designed to uphold the children’s best interests. 

Legal  Custody

Legal custody determines how you and your ex will make major parenting decisions moving forward. These include decisions that resolve issues related to your children’s schooling, medical care, religious upbringing, and participation in extracurriculars and travel.

Legal custody is predicated on the children’s best interests, and parents often share this responsibility. This can mean making the decisions together. One of you may, however, have the right to break a tie if you are unable to find middle ground. These decisions can also be divided between you according to the topic. 

Physical Custody

Physical custody determines when your kids will be with you and when they will be with their other parent. While both parents generally receive generous parenting time, one may take on the primary custodial role. This involves providing the children with their primary residence, which must align with the parameters set by the court in terms of geographic location.

If you and your divorcing spouse can design a parenting time schedule that you are both willing to sign on to, you can get as creative as needed. If you require the court’s intervention, however, you can expect a standard possession order.  

Child Support 

Generally, the primary custodial parent receives child support from the parent with the visitation schedule. When parenting time is shared more evenly, however, the higher earner should expect to have the child support obligation. 

Child support is determined according to careful state guidelines, and the basics include the following:

• For 1 child, the obligor – or the parent with the child support obligation – pays 20 percent of their net income.
• For 2 children, the obligor pays 25 percent of their net income.
• For 3 children, the obligor pays 30 percent of their net income.
• For 4 children, the obligor pays 35 percent of their net income.
• For 5 children, the obligor pays 40 percent of their net income.
• For more than 5 children, the obligor pays at least 40 percent of their net income.

Your Financial Rights 

Protecting your financial rights in divorce is important to your financial future. 

The Division of Your Marital Rights  

The State of Texas presumes that all the assets a divorcing couple has are marital assets, which belong to both spouses. In divorce, these assets must be divided fairly, which Texas terms a just and right division. While a range of factors go into determining what is fair in every unique case, prime examples include the following:

• The length of the marriage
• The level of financial disparity between each spouse’s overall resources
• Each spouse’s earning power in relation to their education, job history, and current employment opportunities
• Whether any wrongdoing or fraud on the marital estate is involved

Anything that either of you brought into the marriage with you, and kept separate during your marriage is considered the separate property of that spouse. The spouse who claims separate property, however, must prove its separate nature. 

Spousal Maintenance  

Spousal maintenance, or alimony, is the exception rather than the rule in Texas. Generally, the marriage must have lasted at least 10 years before alimony will be awarded. To receive alimony, the spouse requesting it must demonstrate that they cannot cover their own minimal reasonable needs and that their soon-to-be ex can afford to help. 

Turn to an Experienced Troy Divorce Lawyer

Brett Pritchard at The Law Office of Brett H. Pritchard is a compassionate Troy divorce attorney who recognizes the immense significance of your case and is committed to skillfully negotiating terms that honor your parental and financial rights. We are here to help you through this especially overwhelming process, so please do not wait to reach out for more information by completing our online form or calling us at 254-781-4222 today.