San Antonio Family Law Attorney

The answer to this question depends on your income, the number of children involved, and the needs of each child. In addition to a monthly payment schedule, you may be responsible for the child’s insurance, educational needs, and more. Our child support page goes into detail on how to calculate child support payments.

In most cases, a non-paying spouse cannot be denied access to your child. If you think special circumstances exist, your family law question can be best addressed by your lawyer.

Prenuptial agreements can cover the division of property, spousal support in the event of a divorce, and all manner of topics related to your children. An experienced family law attorney should draw up the agreement and ensure you and your future spouse fully understand it before signing.

Domestic violence is a serious issue and one you should not hesitate to hire an attorney to help with. Your attorney can help you demonstrate wrongdoing to a judge, who can then issue an order keeping a violent parent away.

This is a complex family law question. You should always consult with a divorce lawyer before racing to file. There are many options and factors to consider with divorce.

If your divorce goes to court, you should expect to spend some time answering questions on the stand. While most questions will be asked by the attorneys, the judge may ask you some questions too. Usually, questions from the judge are for more clarification. Depending on your situation, the judge may ask basic background questions such as your name, spouse’s, children’s names, etc. A judge may also ask for confirmation that your marriage is irretrievably broken or that you meet any residency requirements. You may also be asked for details from the judge about anything you or your spouse could agree on as part of the divorce agreement.

Texas is a community property state. Therefore, anything acquired during the marriage is part of the marital estate and must be divided up at the time of your divorce. No fast rule says one party or another should get the house, but if you or your spouse want to stay in the house, you can try to reach an agreement. Instead of selling the home and splitting the proceeds, you can offer to refinance the home so that it is solely in your name. But you must be able to show that you can afford to make the payments. Also, if there is equity in the home, you may be required to pay your soon-to-be ex half the amount of equity in the home.

When you are going through a divorce, it may seem like a good idea for one of the spouses to move out of the home, but this could be your biggest mistake from a strategic standpoint. When you decide to leave, even if your intentions are good, your spouse can also file paperwork asking for temporary possession of the home, which means that you won’t be able to enter the home anymore until after the divorce is finalized. It’s best to consult with your lawyer before making any sudden moves that could have lasting repercussions on your case.

In Texas, your house is considered community property. If there is a mortgage on your home, it’s in your best interest that you and your soon-to-be ex reach an agreement on who makes the payments. You don’t want your home, which could be one of your biggest assets, to go into foreclosure as you work through the terms of your divorce. If one party refuses to do his or her part financially, with the help of your lawyer, you could seek temporary orders from a judge.

In Texas, the person who files for divorce first doesn’t necessarily have an “advantage” over their spouse. However, there are some possible benefits to being first to file. For example, if you and your spouse are separated and reside in different counties, filing first means you determine which county it’s filed in. Additionally, if you have concerns about your children’s safety, child support, or potentially hidden assets, filing first could help you get temporary orders protecting your child or any assets.

If you and your soon-to-be ex own a business together, then it’s generally considered as the property of the marriage that must be divided during the divorce. There are three different ways that this is typically divided in a Texas divorce. One option is co-ownership, where both spouses continue to own the business after the divorce. This works best in an amicable divorce. But if you don’t see yourself continuing to work alongside your ex, One of the other options may be best. One of these is to sell the business and divide the proceeds. Alternatively, if one of the parties has enough assets, he or she could buy out the business at an agreed-upon price and take full ownership of it. A professional appraiser may be needed to determine the value of the business.

The state prefers joint custody arrangements after a divorce so that children maintain meaningful relationships with both parents. Texas law presumes that parents should be joint managing conservators over children they have together. This means that both parents are involved in decision-making for things like schooling, religion, medical care, etc. However, the best interest of the child comes first. The courts grant sole custody to one parent if there’s evidence that’s the best option for the child. Otherwise, one of the following arrangements is typically granted: Joint legal custody (where the child has a primary residence with one parent and visits the other) or shared custody (where the child has two residences and lives with each parent at least 35% of the year). There is a third and less common option called split custody (when there are at least two children, and each parent is awarded full custody of at least one of them).

The judge will determine the number of factors to decide custody in a divorce. The wishes of the parents and the children are considered, as well as the age of the children, each of the parents’ living situations, and their relationship with the children before the divorce.