Family law is a broad and important branch of the law that addresses divorce and other civil legal matters that families frequently face. If your family is affected, it’s important, and if you have questions, you’re not alone.
In this article, we carefully answer some of the most pressing questions our clients ask. If you’re facing a family law concern, having the skilled legal guidance of an experienced Round Rock family law attorney in your corner from the start is key.
What kind of cases does family law address?
Family law addresses important legal matters like the following:
Divorce and the terms of divorce
Post-divorce modifications
Child support and parenting time outside of marriage and divorce
Annulment
Adoption
Father’s rights
Prenuptial and postnuptial agreements
What are the terms of divorce?
Your divorce will be specific to the unique circumstances involved, but in the process, you’ll need to resolve the same terms that everyone else does.
Property Division
Texas is considered a community property state, which means that every asset you, your spouse, or the two of you together come to own while you are married belongs to each of you equally. The few exceptions to this rule include the following:
Any inheritances or gifts that are given to either one of you alone
Anything that either one of you uses separate assets to purchase
The pain and suffering portion of a personal injury claim that was initiated by either of you during your marriage
In the event of a divorce, you and your spouse will need to divide your marital assets between you in a manner that is considered just and right – or fair – given a range of relevant factors. While this division may be equal, it won’t necessarily be equal.
Any assets that either of you owned prior to marriage and that you kept separate throughout your marriage are considered separate property. The state, however, begins with the presumption that all your assets are marital, which means the owner of separate property will need to prove its separate nature to the court.
Child Custody Arrangements
While Texas uses words like conservatorship, possession, and access, most attorneys use terms that clients are more familiar with, such as child custody, which includes legal custody – or parental responsibilities – and parenting time, which is sometimes called visitation and refers to physical custody.
Legal Custody
Legal custody determines how you and your ex will make important decisions regarding your children moving forward. The general goal is for both of you to continue making decisions about topics such as the following between yourselves:
The medical care your children receive
Your children’s daycare and schooling
Your children’s religious upbringing
One of you may have the right to break a tie if doing so can’t be avoided, but you and your ex can also divide these decisions between you according to category. If there is a serious reason for limiting one parent’s parental responsibilities, the other will be awarded sole legal custody and will make these primary decisions on their own.
Physical Custody
Physical custody sets the parenting time schedule that determines when your children are with you and when they’re with their other parent.
The State of Texas is motivated by the best interests of the involved children, and they hold to the belief that children are better off when they spend a significant amount of time with each parent. As such, they won’t seriously limit one spouse’s parenting time unless there is a significant reason for doing so.
While you and your ex can both expect to receive generous parenting time schedules, one of you may become the primary custodial parent. This parent has the children for the majority of their overnights and has the right to choose the children’s primary residence – within the geographic restrictions set by the court.
Child Support
Child support is calculated according to careful state guidelines that the court will deviate from only when it is warranted by the unique circumstances involved. Generally speaking, the parent who earns more can expect to make child support payments to the other parent – regardless of the parenting time schedule.
Alimony
Texas uses the term spousal maintenance instead of alimony, but it refers to a payment system that only comes into play under highly specific circumstances.
If the divorce leaves one of you without the financial means to cover your own reasonable needs, given the standard of living achieved during your marriage, and if the other has the financial ability to help, alimony may be ordered.
What are the best interest factors that guide child custody orders?
As mentioned, Texas courts look to the children’s best interests when making decisions that directly affect them, and some of the best interest factors employed include all the following:
The children’s ages and developmental stages
The children’s needs, including any special needs
Each parent’s ability and commitment to effectively address the children’s needs
Each child’s overall mental and physical health and each parent’s
The depth of each parent’s relationship with their children
The level of involvement each parent has had in raising their children to date
Each parent’s level of commitment regarding the other’s relationship with their children and in relation to effective co-parenting
The distance the parents live from one another
The preferences of those children who are old enough and mature enough to voice them
The suitability of the home each parent provides
How well the status quo – or the children’s current living situation – serves their needs
How does an annulment differ from divorce?
Divorce and annulment both represent a form of marriage dissolution, but a divorce ends the marriage while an annulment nullifies the marriage – as if it never happened in the eyes of the law. With an annulment, you can avoid many of the hassles associated with divorce, but annulment is only available under highly specific circumstances, such as the following:
One spouse was underage at the time of the marriage.
One spouse was impaired or otherwise unable to provide consent at the time of the marriage.
One spouse was coerced, forced, or threatened into the marriage – or married under fraudulent circumstances.
One spouse – unbeknownst to the other – was impotent at the time of the marriage.
One spouse had very recently divorced at the time of the marriage and kept this information from the other.
The marriage took place fewer than 72 hours after the marriage license was obtained.
Do a father’s rights differ from a mother’s?
No, Texas courts do not distinguish between mothers and fathers when it comes to parental rights. This being said, however, fathers often need to protect their right to generous visitation with their children in light of the status quo.
Texas courts are driven by children’s best interests, and along with this comes limiting the amount of change they face in response to a transition as disruptive as divorce.
Even today, mothers are more likely to have stayed home with the children during the marriage, and it can give them a leg up in terms of parenting time. If you’re a father who is facing a child custody case, working closely with a seasoned family law attorney who has an impressive range of experience successfully addressing issues related to a father’s rights is always well advised.
What is paternity?
Paternity refers to establishing who a child’s second parent is, and if the parents aren’t married, there is a legal process involved. Consider the following:
The mother becomes a child’s legal mother at the time of their birth.
When a couple is married at the time of a child’s birth, the law considers them both the child’s legal parents.
When a couple is in agreement about parentage at the time of a child’s birth, they can easily address paternity in the hospital.
When a couple agrees about a child’s parentage after leaving the hospital, they can file an acknowledgement of paternity (AOP) that’s signed by both of them.
When the parents aren’t in agreement regarding parentage, paternity generally needs to be established through court order, which typically involves DNA testing.
Establishing paternity can benefit the child and both parents.
How challenging is the adoption process?
The adoption process – whether private or public – can be exceptionally challenging, costly, and time consuming but is also highly rewarding and well worth the effort.
In order to adopt in Texas, you must meet the basic requirements, which include being at least 21 years old and having the resources to provide for a child. While you needn’t be married to adopt in Texas, you must adopt together as a couple if you are married.
Adoption involves careful documentation and an in-depth home study to ensure that the adopting parents are capable of providing the child with the love and care they need to thrive. If you’re interested in adoption, the most important first step you can take is consulting with a focused Round Rock family law attorney.
Does it matter who files for divorce first?
There can be an administrative advantage associated with filing for divorce before your spouse does – in the sense that it gives you the time you need to gather and compile financial documentation. If your spouse has already filed, however, their lead is nothing to get excited about and is nothing that your practiced family law attorney can’t overcome.
Another important point to make here is that if you’re planning on filing for divorce first as a means of getting a jump on your spouse, it’s not likely to serve you well. This element of surprise can set the stage for a more contentious divorce, which will be more time consuming, more expensive, more emotionally fraught, and harder on your children.
Your seasoned family law attorney will help you make the right decisions for you throughout the divorce process.
My spouse was cheating on me. Will my divorce be fault based?
Most Texas divorces are based on what is called insupportability, which means they are no fault divorces. Texas, however, does allow divorces that are based on fault, and one grounds for a fault-based divorce is adultery.
This said, pursuing a divorce that’s based on adultery may not be worth the additional cost, time, and stress. To obtain a fault-based divorce, you’ll need to prove that your spouse is or was having a sexual relationship with someone other than yourself, and your case will need to be resolved in court.
The matter of fault can directly affect your divorce terms – in your favor – so it’s important to balance the pros and cons before determining the best path forward for you. Sometimes, a fault-based divorce better supports a client’s rights, and sometimes there’s no clear advantage.
It’s important to note that your spouse’s wrongdoing can affect certain divorce terms even in a no fault divorce.
Will my family law case go to court?
Most family law cases are resolved out of court, and yours is likely to do the same. If proceeding to trial, however, is the best means of protecting your rights, your dedicated Round Rock family law attorney will advise you accordingly.
Reach Out to an Experienced Round Rock Family Law Attorney for the Help You Need Today
Brett Pritchard at The Law Office of Brett H. Pritchard – proudly serving Round Rock for more than 20 years – is a savvy family law attorney who dedicates his imposing practice to helping clients resolve their cases as effectively and efficiently as possible – in pursuit of favorable outcomes that support their legal rights and best interests.
Our compassionate legal team is on your side and here to help, so please don’t wait to contact or call us at 254-781-4222 to schedule a free consultation and learn more about what we can do for you today.