Family Law Attorney
Going through a divorce or child custody case will be one of the most stressful things you will experience. You need someone on your side who understands the process and who will protect your rights. Whether you and your spouse have agreed on a division of property and child custody, or anticipate that these will be highly contested matters, call the Law Offices of Paul Vigushin, P.C., to assist you. (972) 705-9911
Is Texas a “no-fault” divorce state?
What if my spouse cheated on me?
How long do you have to be separated from your spouse before you can file for divorce?
Is there such a thing as “legal separation?”
How long do I have to wait before I get divorced?
How is property divided in Texas?
How is custody determined in Texas?
What is standard possession?
What if I wish to have “sole custody” of my children?
How is child support calculated?
Who pays for health insurance?
When is child support considered late?
How are retirement benefits divided?
What are the geographic restrictions?
Is Texas a “no-fault” divorce state?
Yes. You can file for divorce on grounds of “irreconcilable differences”—known in Texas as “insupportability.”
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What if my spouse cheated on me?
You can allege fault on the part of your spouse as grounds for divorce. Fault grounds in Texas are adultery, cruelty or abandonment. If fault in the break-up of the marriage is alleged and proven by “clear and convincing evidence,” the Court may—but does not have to—take “fault” into account in ordering a disproportionate division of the community estate. For instance, if you prove that your spouse cheated on you, and that this behavior is the reason for the break-up of the marriage, the Court may award you a larger share of the community estate upon divorce.
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How long do you have to be separated from your spouse before you can file for divorce?
In Texas, there is no requirement that you be separated for any length of time or that you live apart before you can file for divorce. In fact, many spouses file for divorce while they are still living together.
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Is there such a thing as “legal separation?”
Unlike some other states, there is no legal separation in Texas. You are either married or divorced. If you are married, but living apart, you are still married; which means that both you and your spouse continue to accumulate community assets and community debt.
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How long do I have to wait before I get divorced?
Texas has a sixty-day cooling-off period. In other words, a court may not grant your divorce until at least sixty days have elapsed from when you filed your Original Petition for Divorce.
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How is property divided in Texas?
Texas is a community property state. In a divorce proceeding, a court has the power to divide only community property. If you own separate property—property you owned before you were married, or that you acquired by gift, devise or bequest during your marriage—that property is not subject to division by the court. As for community property, a court may divide it in a manner that is “just and right.” In other words, courts are given wide latitude in dividing community property.
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How is custody determined in Texas?
Courts look to what is in the children’s “best interest.” Again, this standard gives courts wide latitude in deciding on terms of access and possession.
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What is standard possession?
The Texas Family Code sets out a Standard Possession Order, which often serves as the baseline for possession and access to the children. Under the standard possession order, one parent is given access to the children on the first, third and fifth weekends of the month, typically beginning on Friday evening and ending on Sunday evening, alternating holidays and summer visitation. The Texas Family Code allows a parent to ask for “extended standard” possession, which gives that parent some extra time with the children.
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What if I wish to have “sole custody” of my children?
In Texas, there is a presumption that it is in the children’s best interest for the parents to be appointed the children’s “joint managing conservators.” The only difference between the two parents, then, is that one is usually given the exclusive right to establish the children’s primary residence, typically within a geographic area agreed to by the parties or established by the court. To overcome the presumption that it is in the children’s best interest for the parents to be appointed “joint managing conservators,” there has to be some evidence of either family violence in the two years preceding the filing of the divorce or during its pendency, or that it is not in the children’s best interest to have both parents with near-equal rights and responsibilities.
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How is child support calculated?
Child support is established in accordance with Child Support Guidelines set out in the Texas Family Code. Child support is calculated as a percent of the “net resources” up to $7,500/month. For example, if there are two children before the court, then child support is 25% of the net resources. If a spouse brings home more than $7,500/month (after taxes), then it is up to the Court how much, if any, additional child support to order paid each month.
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Who pays for health insurance?
Typically, the parent who is obligated to pay child support must pay for the children’s health insurance coverage. If health insurance coverage is provided by the parent who is the children’s primary custodian, then the non-custodial parent must reimburse the other parent for the health insurance premiums.
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When is child support considered late?
Child support is considered late if not received by the 30th day after its due date.
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How are retirement benefits divided?
Much depends on the type of plan that is at issue. Usually, if retirement benefits are to be divided upon divorce, a Qualified Domestic Relations Order (“QDRO”) must be signed by the Court.
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What are geographic restrictions?
Courts can impose restrictions on a parent’s ability to move with the children. For instance, if the parties are divorced in Dallas County, a court has the ability to restrict the children’s primary residence to Dallas and contiguous counties. This means that the parent who has the exclusive right to establish the children’s primary residence may do so only within the confines of the geographic locale established by the Court. Geographic restrictions are not mandated by the Texas Family Code, but are typically imposed by judges who feel that children of divorced parents need continuing, quality contact with both parents. The parties can agree to exclude geographic restrictions from the Decree. However, when the decision is left to a Judge, a geographic restriction is included more often than not. In addition, if circumstances change down the road, a parent can return to court to try and have the geographic restriction lifted. The Texas Legislature amended the Texas Family Code and made the question of whether or not to impose a geographic restriction, and what that restriction should be, a question for the jury. If you are divorcing in a county where it is standard for the Judge to impose a geographic restriction, and you do not wish to have one, you may be better off having the jury decide that question.
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