Some Common Texas Divorce Topics

The ins and outs of divorce proceedings vary significantly from state to state, so it is important to keep informed and not make assumptions. Below is a list of common Texas divorce law issues.

The Cost of Divorce

Things that usually impact the financial cost of a legal separation are whether or not you and your spouse can agree on property and child custody issues, the duration of the proceedings, and the effectiveness of you and your spouse’s attorneys.

Modifying Child Support Payments

In Texas, to change the amount of court-ordered child support, you must provide proof either that the other party’s monetary circumstances have changed significantly since the time the original amount was assigned, or that three years have passed, and the amount the other party is paying differs by either 20% or $100 from what current child support guidelines direct.

Advantages of Filing for Divorce First

While perhaps not a major advantage, the party that files the proceedings first gets to speak first in court, which can have a lasting impact on those hearing the case. It is also important to keep in mind that fault does not have to be proven in Texas to file for a divorce, although evidence of fault can certainly factor into the outcome.

Division of Property

Due in large part to the influence of the “merger doctrine,” or the general assumption that spouses are equal to one another in marriage, the starting point in Texas property division is that everything is “communal.” This traditionally results in a 50/50 split of whatever is owned between the partners. However, this may not be the case if significant differences in earning power or fault for the divorce are proven. In all cases, the goal is to divide property in a “just and right manner.”

Contact Us

Keeping track of the legal details of a divorce can be especially challenging during this emotionally taxing time. If you are facing a divorce, contact the Austin divorce attorneys of Slater, Kennon & Pugh Ltd.LLP at 512-472-2431 today for a free consultation.