Family Law FAQs
Q: What are Pre-Nuptial and Post-Nuptial agreements?
A: Both pre-nuptial and post-nuptial agreements define how property, assets, and debt will be distributed in a divorce. Pre-nuptial agreements are drafted before a marriage; post-nuptial agreements are created any time after a marriage. It is best to consult an experienced family law lawyer to assist you with either type of nuptial agreement to ensure that your rights and interests are protected.
Q: How long does it take to get a divorce?
A: Once one of the parties files a petition with the court to begin divorce proceedings, you must wait for a 60 day statutory period before the divorce can be finalized by the court. Even if you and your spouse reach an agreement out of court, it must be in writing and signed by both parties, and the court must also sign the agreement to make the divorce official. It is difficult to say how long a particular divorce will take, because it depends on a number of factors, including whether there are any issues in dispute and how long it takes to resolve these issues. It can also depend on the court's docket. In Harris County, divorce cases typically go to trial between six and twelve months after the divorce petition is filed.
Q: How is property divided after divorce?
A: Texas is a community property state. Community property is the property acquired during the marriage, except property acquired by a spouse by gift or inheritance. Generally, all community property is divided equally between the spouses upon divorce. Depending on the type of property and how it was paid for, the division may not always be equal. An experienced family law attorney can explain to you the different types of property and how Texas courts would likely divide them.
Q: Will I have to pay my ex-spouse after our divorce?
A: If your divorce leaves your ex with little income, and you would be able to contribute to supporting your ex-spouse, a court may order you to pay some sort of spousal maintenance. Texas's law regarding spousal maintenance is complex; to see the statute regarding spousal maintenance, please see Texas Family Code Section 8.051. Texas courts generally allow for spousal maintenance under these conditions:
- During the divorce proceedings, the court can order temporary spousal maintenance until the divorce becomes official.
- The court can require you to pay spousal maintenance for a period up to three years if the marriage lasted for over ten years, and if your ex-spouse does not have sufficient property to provide for his or her own minimum needs.
- The court will not require spousal maintenance if the spouse from whom maintenance is requested has been convicted of a crime that constitutes family violence within the past two years of when the divorce petition was filed, or while the suit is ongoing.
We advise that you seek the counsel of an experienced family law attorney for a full explanation of your financial rights and obligations during and after the divorce proceeding.
Q: How is child support determined?
A: Under Texas Family Code Section 154.125, child support is a percentage of the non-custodial parent's monthly net resources. If the parent's net monthly resources are not above $7,500, the child support is determined as follows:
- One child: 20% of net resources
- Two children: 25% of net resources
- Three children: 30% of net resources
- Four children: 35% of net resources
- Five children: 40% of net resources
- Six or more children: no less than 40% (not to exceed certain maximums)
If the monthly net resources exceed $7,500, the court begins with the percentages above, but can require a higher amount depending on the parent's income and the children's needs. Consult a family law attorney for further information on how Texas courts determine the amount of child support.
Q: How does the court determine child custody?
A: Typically, Texas courts name divorcing parents joint managing conservators. One parent is awarded primary physical custody, and the other is often required to pay child support. Both parents share many rights, such as the authority to consult with the child's school officials and doctors, and the parent who does not have physical custody will arrange a vitiation schedule. Because child custody matters are such important and emotional aspects of divorce proceedings, it is vital that you discuss your situation with an experienced family law attorney so that your parental rights are protected.
If you are going through a divorce, or need legal representation regarding a nuptial agreement or custody matter, you need the experience and personal attention of a dedicated family law attorney. The attorneys at Lamba & Associates, PC have the knowledge, integrity and compassion to successfully represent your interests. Contact the firm today for a free consultation.
