Texas Divorce Courts have the duty to follow the law set out in the Texas Family Law Code. Our lawyers are extremely well versed with the applicable Texas family law and will clearly explain to you from your initial consultation how the law applies to your unique family law circumstances. There are several major categories of issues that arise in Texas divorce cases. The following is a list of some of the issues that may arise in a person’s divorce cases.
Child Custody
Frequently parents of children find themselves disagreeing over child custody issues including which parent has the exclusive right to determine the primary residence of the child and the domicile restriction that will apply to the residence of the child once the parents have separated and/or divorced.
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Child Visitation
Texas family code is designed to promote ongoing healthy relationships between parents and children. The Texas Family Law provides for a minimum visitation schedule that is presumed to be in the best interest of the child, which is called a “Standard Possession Schedule.” This standard possession schedule allows the non-custodial parent the right to have significant periods of possession and access to the child.
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Child Support
When the child is the subject of a family law case, usually the issue of child support arises. Each parent has a duty to support their child and on some occasions, third parties may be ordered to support a child in a family law matter. Typically, the party with whom the child primarily resides will receive child support and is called a child support “obligee.” The party paying child support is called a child support “obligor.”
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Health Care Expenses
In addition to child support issues that arise in family law cases, the ancillary issue of health care expenses will also arise. Typically, the child support obligor, who is paying child support for the child, will be required to provide health insurance for the child. It is customary for the parties to each pay 50 percent of any uninsured health-care expenses that the child may incur.
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Asset/Debt Division
When dividing assets and debts in a divorce matter, most clients are overwhelmed at the prospect of valuing and dividing their estate and items of personal property that may have significant value and/or personal meaning to them. Fortunately, our attorneys have years of experience helping our clients determine the value of their assets and the cumulative value of their estate that will be subject to division either by agreement of the parties or by court order.
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Spousal Support and Maintenance
As parties begin the divorce process, typically both spouses are concerned about how to continue to pay for and maintain their current financial obligations. Texas courts have the authority to award a party temporary spousal support during the pendency of a divorce matter and the authority to award a spouse post-divorce spousal maintenance at the conclusion of the divorce.
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Protective Orders
Unfortunately, there are situations where a member of a household is the victim of domestic violence. In such a circumstance, the Texas family code provides for certain persons to have the ability to seek protection from the court for themselves, their child, and/or other persons. In order to obtain a protective order, a party must very carefully and thoroughly make his or her application to the court.
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Restraining Orders
Sometimes it may be necessary to protect yourself, your child, and/or your property in your family law matter. It is not unusual for a court to grant a temporary restraining order in situations that warrant additional protection, such as in cases of physical abuse.
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Enforcement Of Court Orders
Once a party has obtained a court order, the litigation may not cease. Sometimes it is necessary to obtain an attorney to enforce a court order. Most commonly, with family law suits involving children, parties find it necessary to file enforcement actions regarding child support and child visitation.
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Mediation Attorneys
Mediation is a private, confidential procedure wherein a third party known as a “Mediator” has the duty to assist the parties in resolving their legal issues. A mediator does not represent either party and is charged with the duty of remaining neutral during the mediation process.
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Collaborative Law
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