In many states, property is divided equally during a divorce, with few exceptions. In Texas, though, judges have considerable discretion in deciding what property should go to which spouse.
When a childâ€™s parents are unmarried and have a fragile or even hostile relationship, it can be difficult to agree on important questions relating to paternity, child custody and visitation rights. Often, the most effective way to obtain answers and establish and enforce rights is through legal processes.
Texas family law allows for informal marriage. So that in Texas if a man and woman live together, agree they are married and hold themselves out to the community as married, the state recognizes that marriage.
In Texas, the only way to legally change the terms of a divorce settlement is through a court-approved, post – divorce modification. Divorced couples often make the mistake of making verbal agreements to change the settlement terms without formalizing those changes with the court.
If you happen to own a business and are going through a divorce in Texas the process of property division can become very complicated. If the business falls under the category of community property under Texas family law, the business must be valued to determine its worth to the marital estate.
Working out the terms of child visitation can be stressful for both the parents and the children. In joint custody arrangements the rules that apply are more focused on equal participation than equal time with the minor children. The family courtâ€™s concern, however, is your childâ€™s best interest and the judge uses that as the standard in determining custody and visitation matters.
Although Texas family law does not have a preference in custody awards of minor children, the fact is more mothers than fathers end up being the custodial parent.
At the beginning of a divorce it is not unusual for temporary child custody orders to be issued. When possible, it is best for all concerned that parents reach an agreement on child custody which can help to avoid high litigation costs and the emotional toll (http://www.nytimes.com/1983/12/13/science/divorce-s-stress-exacts-long-term-health-toll.html) that a custody battle can inflict. However, parents who cannot agree on child custody matters will have the matter decided by a judge in the Texas family courts.
In child custody cases, the goal of the Texas family court is to ensure children have frequent and continuing contact with each parent.