By the Divorce Lawyers at Smith & Garg, LLC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

The breakdown of a marriage is likely one of the most stressful times in a person's life, and divorce is a daunting task to undertake alone. An lawyer experienced in Texas family law can guide you, professionally and compassionately, through this difficult time. If you are contemplating pursuing a divorce, call the lawyers at Smith & Garg, LLC today.

Ready Yourself Emotionally for the Divorce Process

Many individuals experiencing divorce find themselves so involved in the emotional and psychological aspects of the breakup of their family that they are unable to focus on the fact that divorce is a legal process and is in fact a law suit. It is essential for parties to have a working knowledge of the legal issues involved in the divorce to avoid being overwhelmed by the emotional aspects. The lawyers at Smith & Garg, LLC will work to protect your legal interests, allowing you to focus on yourself and your family.

Legal Issues Addressed by the Divorce Process

In Texas, before making an order to dissolve a marital relationship, a judge must address the following legal issues: jurisdiction and grounds, spousal support, property division, and, if there are children, custody, visitation, and child support. These issues are often addressed in something called Temporary Orders. Each of these issues has many sub-issues which are resolved on a case-by-case basis in accordance with Texas statutes and case law.

Jurisdiction and Grounds for Divorce

1. Residency requirements: Texas law requires that at least one of the parties have lived in the state for at least 6 months and in the county where the case is filed for at least 90 days to filing.

2. Grounds: Because Texas is a no-fault divorce state, the only determination the court must make regarding grounds is that the parties have irreconcilable differences. There are, of course, other grounds or fault based divorces in Texas. These fault based divorces can often affect the fair end equitable distribution of assets.

Spousal Support after Divorce - Alimony

Under Texas law, alimony is rarely awarded, but when it is awarded, the court must consider a number of factors in determining whether, what duration, and how much one spouse will be required to pay towards the support of the other spouse. Some factors are objective such as the age, education, and ability of each spouse to be self-supporting. Other factors are less objective such as whether there are convictions for acts of domestic violence by one spouse towards the other.

Property Division after Divorce

Texas is a community property state. In a community property state, property is classified as either community property or separate property. Community property is everything that a husband and wife own together from the start of their marriage until the date they separate. Generally, community property includes all income and assets that either spouse acquired during the marriage.

Separate property is anything the husband or wife owns separately, such as property owned before the marriage, gifts or inheritances received during the marriage and maintained as separate property, and post separation earnings.

Because classification of property and its division can become one of the most contentious issues in a divorce, seek the advice and assistance of a Texas divorce lawyer familiar with the particulars of Texas community property law. Because classification of property and its division can become one of the most contentious issues in a divorce, seek the advice and assistance of a Texas family law lawyer familiar with the particulars of Texas community property law.

Child Custody and Visitation

Texas law requires family law judges to consider the best interests of the child in making any determination regarding custody and visitation. Texas law also presumes that joint legal custody is in the best interests of the child, with the exception of cases involving domestic violence. Child custody matters can become emotionally charged to the detriment of both the parents and children involved. Because this is so, if you and your spouse have a dispute over the custody of your children, obtain the guidance of an lawyer well versed in Texas child custody matters.

Child Support after Divorce

Texas child support guidelines include a complicated formula used to calculate which parent, if either, shall pay child support. The guidelines are presumptively fair and equitable and take into account several factors, including the general standard of living in the state, the cost of raising children in the state, both parents' income and resources, as well as other factors. If a judge deviates from the guidelines, specific reasons for the deviation must be set forth in the child support order.

Reaching the decision to end your marriage is tremendously difficult. Given the complicated and emotional issues with which you are faced in the process, the best advice is to work with a lawyer experienced in Texas divorce law. A lawyer experienced in the legal process can ease your stress as you go through this emotional legal process. The lawyers at Smith & Garg, LLC are prepared to assist you immediately in your time of need.

Call Smith and Garg today at 281.210.0010 or complete our Contact Form and let us assist you with your litigation needs.