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Helping Clients through the Divorce Process in and around Leander, Texas.
Getting divorced can be a difficult time, and dealing with legal procedures and requirements can only add to your stress. However, Texas law does set out many requirements you must meet before the court will legally dissolve your marriage. To prevent unnecessary delays and expenses, and to ensure your interests are fully protected under the law, it is always best to have an experienced divorce lawyer in Leander on your side from the very start.
The Jackson Law Firm helps clients in all different situations through every step of the divorce process. From a consultation about your options to a final divorce judgment, we are ready to provide guidance and legal assistance during this stressful time. If you would like to learn more about divorce in Texas, or you are ready to file, please contact our legal team directly to schedule a consultation.
Each state has its own requirements for you to obtain a divorce, and the following are some criteria you must meet under Texas law.
One spouse must have been a resident of the State of Texas for at least six months prior to the divorce filing. Further, one spouse must have lived within the county where they filed for at least 90 days.
When a spouse files for divorce, they must state the basis for which they are seeking to end the marriage, and these are called “grounds” for divorce. Texas allows both no-fault and fault-based grounds, and it is important to discuss which grounds are the best for your case.
No-fault grounds involve claiming the marriage is insupportable due to a conflict of personalities, and there is no likelihood of reconciliation. You do not have to prove wrongdoing on the part of either spouse, so this route can take less time and expense. However, no-fault divorces are not the right choice for everyone.
Fault-based divorces can have benefits, though they do require that you provide evidence to support the grounds you cite. Texas has six fault-based grounds, which include:
● Adultery
● Cruelty
● Felony conviction that resulted in at least one year of imprisonment
● One spouse is confined to a mental hospital or facility for three years
● Abandonment by a spouse for one year or longer
● Living separately for three years or longer
If your spouse files for a fault-based divorce, there are ways to defend against the allegations and switch to a no-fault divorce if applicable.
The bulk of many divorce cases involves resolving various issues required to finalize your divorce. Such issues might include:
● Property distribution – Texas is a community property state, and what spouses acquire during their marriage is generally considered to be community property. This property (along with assets and debts) will need to be divided as evenly as possible in a divorce.
● Spousal support – Also known as alimony or maintenance, this type of financial support might be awarded to one spouse for a period of time following the divorce. The court awards spousal support based on one spouse’s need and the other’s ability to pay.
● Child custody – If you have children with your spouse, you will need to decide how to share custody of them. This includes with which parent the children will live and when, as well as how you will share decision-making responsibilities regarding important aspects of a child’s life.
● Child support – In some cases, one parent might need to make support payments to the other parent to cover the basic needs and expenses of their children.
All relevant issues must be addressed, and the resolutions for each will be included in the final divorce order.
Even if spouses file with all requirements met from the start, they will still need to wait at least 60 days before the court can finalize the divorce.
A divorce is uncontested when spouses start the process in agreement on all issues, including no-fault grounds for divorce and how to resolve property, financial, and child-related matters. On the other hand, if spouses disagree on one or more issues, the divorce is considered to be contested.
Even spouses who are not getting along may be able to compromise to enjoy the benefits of an uncontested divorce. Such benefits might include:
● Saving time, money, and stress
● Being in a better position to work together and co-parent in a healthy manner
Even if you plan to file for an uncontested divorce, you should still always seek help from a Leander divorce attorney. There are still requirements, and hiccups can arise that might jeopardize or extend your case, so you want the right legal representation in this type of divorce case.
On the other hand, contested divorces generally have many additional steps, as you will need to resolve the issues on which you disagree. First, if it is a fault-based divorce, the spouse who filed will need to prove the stated grounds in court. This can be a complicated and highly personal matter.
If you and your spouse disagree on child custody, property division, or similar issues, there are ways the right attorney can help you resolve these so you can move forward with your case. Options include:
● Informal negotiation with your spouse’s attorney
● Divorce mediation
● Litigation
Litigation requires you and your spouse to present your arguments to the court, and the judge will then rule on the matter, meaning the outcome is out of your hands. We aim for out-of-court agreements whenever possible, though we are fully prepared to represent your rights in litigation when needed.
The Jackson Law Firm handles all types of divorce cases, including uncontested or contested, and cases involving relatively simple or complex circumstances. If you are considering divorce in the Leander area, look no further than our legal team to stand up for your rights and help you through the process. Contact us online or call (512) 528-1900 for a consultation today.
Call our Law Firm’s Round Rock office at (512) 960-2013 to arrange an appointment
Mr. Jackson was selected for inclusion in the 2012, 2014 and 2015 “Rising Star” by Superlawyers, a Thomson Reuters service.
Justin M. Jackson is a native Texan, spending his early childhood in Edinburg, Texas and later graduating from Round Rock High School. Mr. Jackson received his undergraduate degree from Texas A&M University and obtained his law degree from St. Mary’s Law School, graduating magna cum laude (top 3% of his class).
While in law school, Mr. Jackson interned for Judge Emilio M. Garza with the Federal Fifth Circuit Court of Appeals and participated on the St. Mary’s Law Journal as a Staff Writer. Following graduation, Mr. Jackson worked for a respected law firm in San Antonio. In 2008, he opened the Jackson Law Firm.
Mr. Jackson was selected for inclusion in 2012, 2014 and 2015 “Rising Star” by Superlawyers, a Thomson Reuters service. Their selection process is outlined here. No more than 2.5% of the total lawyers in Texas are listed as “Rising Stars.
Many thanks to Cara Surell for her expertise and professionalism in handling my immigration case. She did a great job. The case has been resolved in my favor. I am absolutely pleased with the outcome.
Having recently moved to the North Austin/Cedar Park area, I more or less rolled the dice on selecting a law firm to do some estate trust work for me. I couldn’t have chosen better! The Jackson Law Firm and lawyer Cara Surell handled my needs quickly and professionally. I truly felt that there was a genuine interest in my situation and a sincere desire to accomplish what I wanted and needed done.
Thank you to Cara and Lisa for making our Estate Planning process run as smoothly as possible. I’ll be recommending your firm to friends and family!
I had a family trust put together by Cara Surell, one of the Lawyers in the Jackson Law Firm. I must say, I was very impressed and satisfied with the knowledge, speed and professionalism exhibited during this process. I am very satisfied with the results and would highly recommend this law group.
The Jackson Law firm was very supportive in my time in need in my initial divorce. He turned the tables around on the opposing council. I was denied my visitation but the Jackson Law Firm helped me get my visitation. Justin Jackson was very informative in the rules of family law and in the end he helped me get my rights to my kids. Thank you Jackson Law Firm in every thing you did for me it was much appreciated.
Justin, I want to thank you for believing in me. On the very first day you made it clear that “truth will triumph in the end” – I had serious misgivings about it since I felt those ideologies only exist in an Utopian world. During the entire process the opposing counsel tried so hard to wear us down, spewed venomous invective but you never pandered to them. You always chose the righteous path – that made me angry at times to question our stand. TRUTH TRIUMPHED!!! We won! YOU ARE A GREAT CHESS PLAYER MY FRIEND – You had them completely fooled with your boyish charm, fledged approach…underneath that camouflage there is a highly astute & insightful mind – they failed to see it. You are a good man with strong character & ethics. I salute you!
Consult our attorneys for custody disputes and more. Arrange an initial consultation with our Round Rock lawyers by calling our offices at 512-960-2013, or send us an email. We respond to all messages promptly. Credit cards are accepted, and after-hours appointments are available by request.
view all questionsNo. Texas law does not provide for alimony in cases of divorce. Instead, it is termed “spousal maintenance,” and consists of court-awarded periodic payments from the future income of one spouse for the support of the other spouse after the divorce. Spousal maintenance is not awarded very often and relies on a list of factors. The Texas Family Code places a cap on spousal maintenance at the lesser of either 20% of the paying spouse’s gross monthly income or $5,000.00. The Texas Family Code also limits the duration of spousal maintenance to: 1. 5 years for marriages lasting between 10 and 20 years, 2. 7 years for marriages lasting between 20 and 30 years, and 3. 10 years for marriages lasting more than 30 years.
In Texas, “custody” is not a term which appears in the Family Code- at least in the way people typically mean when they discuss “custody.” From our experience, clients initially assume that custody consists of the terms of visitation regarding a child. However, in Texas, the concept of custody is better analyzed as two distinct components: 1. conservatorship and 2. possession and access. As for conservatorship, the Texas Family Code identifies two schemes of conservatorship- Joint Managing Conservatorship and Sole Managing Conservatorship. Conservatorship deals with how major and day-to-day decisions are made concerning the child. In a Joint Managing Conservatorship, all major decisions are made jointly. In a Sole Managing Conservatorship, one parent has the exclusive right to make such major decisions. Most often, spouses agree to be designated Joint Managing Conservators because it shares many of the most important rights and responsibilities. The Texas Family Code provides that Joint Managing Conservatorship is presumed to be in the best interests of the children.
As for possession and access- that is the phrase which describes visitation. What is termed a “Standard Possession Order” is also presumed to be in the best interests of children. It outlines the days, weekends, and holidays each spouse is permitted to possess the children and splits time roughly in a 60/40 manner. However, the Standard Possession Order is not a firm rule and the spouses and their attorneys are free to arrive at a custom solution. Our lawyers are experienced in negotiating creative solutions to conservatorship and possession and access to suit your unique situation.
No. Child support will not automatically increase or decrease; it only changes when a court modifies the order. This is accomplished by filing a motion to modify with the court. The modification will be granted only under two scenarios: 1. if the new income amount is proven, the increased income would result in an increase in child support by at least $100 or 20% over the prior child support amount, and 3. it has been at least 3 years from the date of the prior child support order, OR 2. there has been a material and substantial change in circumstances since the date of the prior order.
The court is always guided by what is in the “best interests of the child.” To that end, the court is guided by a formula in the Texas Family Code which considers the monthly gross income of the person paying child support; deducts for federal income tax, social security, and health insurance for the child; and multiplies the result (“net resources”) by a percentage dictated by the number of children born in the marriage. For example, “net resources” are multiplied by 20% for one child, 25% for two children, 30% for three children, and 35% for four children. This calculation ultimately generates the child support payment. The formula applies to the first $7,500.00 in “net resources;” thereafter, the court may order additional amounts depending on the parties and the proven needs of the child. Courts also take into account whether the child is disabled or has special needs. As an additional factor, if the paying parent has a duty to support other children (from another relationship, for example), the percentages noted above are slightly reduced, depending on the number of other children.
It is our experience that sometimes, the parent paying child support may resist making such payments (to the extent such is even possible) due to the fact that they lack assurance as to how such payments are utilized. Nonetheless, child support may be used for any purpose and there is no requirement that the recipient provide any accounting as to how it is spent.
This question requires a lengthy response. In short, the court is required to make a “just and right” division of the “community property.” Emphasis should be placed on community property. As any property outside of this classification is not subject to division whatsoever. “Community property” is all property possessed by the spouses and accumulated during the marriage, except what is “separate property”-that which was obtained by one of the spouses through gift, inheritance, or prior to the marriage. All property possessed by the spouses is presumed to be community property unless a spouse proves by clear and convincing evidence that the property is actually separate property. It is possible to meet this burden of proof, but it requires substantial documentation and evidence. The court is also guided by other factors in determining the “just and right” division, including but not limited to whether there was fault in the breakup of the marriage, the relative earning capacities of the spouses, and the needs of the children.
Yes. There is no marriage requirement to obtain child support. A case where one parent seeks child support from the other parent is termed a Suit Affecting the Parent Child Relationship and/or a Suit to Adjudicate Parentage.
Texas is a “no fault” state, which means that a person seeking a divorce is not required to prove that his or her spouse is at fault in the marriage. A “no fault” divorce is the most common variety of divorce, stating that “the marriage has become insupportable because of discord or conflict of personalities between you that has destroyed the legitimate ends of the marriage.” The Texas Family Code does, however, provide several “fault” divorce grounds, including adultery, cruelty, conviction of a felony, abandonment, living apart, and confinement in a mental hospital. There are also possibilities to void the marriage in extremely unique circumstances. At least 80% of our cases are pursued on no-fault grounds as it tends to reduced hostilities between the parties.
This is not an uncommon question from new clients. In an effort to save money, expedite the process, and maintain transparency, spouses may attempt to hire one attorney to initiate and finalize their divorce. According to the ethical rules governing lawyers, this is not permissible. A lawyers cannot give legal advice to both sides. In these situations, we recommend that one spouse hires a lawyer to prepare all of the divorce paperwork, from the petition for divorce to the final decree of divorce, with the input of the other spouse. Then, prior to signing the final decree of divorce, the other spouse may hire an attorney to review that documentation to ensure that it complies with their agreement. This is usually done at a significantly reduced fee since most of the work has already been done. Or, should that not be necessary, the other spouse may choose not to hire an attorney and instead, may feel that he/she sufficiently understands the wording in the documentation and forego additional legal fees altogether.
No. Until you and your spouse are formally divorced, you are still considered married. There is no “legal separation” in Texas. Dating tends to complicate the divorce by angering the other spouse and adding unnecessary resistance to potential agreements. Furthermore, it is very confusing for the children for you to start dating shortly after separating.
At minimum, there is a statutory sixty-day waiting period from the date the suit for divorce is filed until a court will grant the divorce. Typically, it takes longer to obtain a divorce, especially when the parties are not in agreement on all issues. In these instances, the attorneys for both spouses will often conduct “discovery,” an ordered process where the spouses are required to answer questions and produce documents at the request of the other attorney. Discovery is designed to provide a degree of disclosure to the other side and additional peace of mind in negotiating and finalizing a divorce settlement.
