Going through a divorce is not something that anyone looks forward to. Unfortunately, a divorce can be messy. While some spouses can maintain relatively healthy relationships throughout the divorce process, the stress and anxiety can take a toll.
Working with an experienced Round Rock divorce lawyer can make the process smoother because you and your soon-to-be ex-spouse do not need to have face-to-face negotiations. This can take a lot of the emotion out of the process, allowing couples to come to workable solutions without judicial intervention.
At the Law Office of Jason Wright, PLLC, our Round Rock divorce lawyer believes that divorces become more complex than they need to be. Attorney Jason Wright takes a comprehensive yet practical approach to every divorce case he handles, focusing on important issues to you. With extensive experience representing clients from all backgrounds and walks of life, Attorney Wright is a relatable, compassionate, and diligent lawyer who is always looking out for the best interests of his clients.
If you are contemplating divorce, the first step is to make sure that you can file for divorce in Texas and Williamson County.
Texas allows both fault and no-fault divorces. To successfully get a fault-based divorce, you must prove that your spouse was responsible for the breakdown of your marriage. There are several ways to establish a fault-based divorce, including:
The majority of couples who get divorced pursue no-fault divorces. When you file for a Round Rock no-fault divorce, you do not need to prove your other spouse caused the breakdown of your marriage. Instead, the divorce is based on “irreconcilable differences” that are not explicitly attributed to either party.
While there is no requirement that you remain married for a certain period, ex-spouses must meet residency requirements to file for divorce in Texas.
There are two parts to the residency requirement:
1.) Either spouse must have called Texas their primary residence for at least six months before filing for divorce; and
2.) Either spouse must have lived in the county where they intend to file for divorce for the preceding 90 days prior to filing.
Divorce marks the formal ending of a marriage. Thus, a couple must resolve specific issues during the divorce process.
Indeed, for couples who have children, one of the most critical issues is who will have the right to determine the primary residence of the child. Texas uses the term “conservatorship” to refer to the rights and duties of a parent. Some types of conservatorships include:
A joint managing conservatorship is an arrangement in which parents have the right (often with the agreement of the other parent) to make crucial decisions on behalf of their children. Texas law presumes that it is the best interest of the children for parents to be joint managing conservators. However, there are many situations in which a court will name one parent as the sole managing conservator.
The court may determine that it is not in a child’s best interest to name both parents as joint managing conservators in certain situations. Instead, the court may name one parent as the sole managing conservator. Sole managing conservators have the right to make any decisions about their child’s life without the input or consent from the other parent. Possessory Conservatorships
When a court names one parent as the sole managing conservator, the other parent will be named as a possessory conservator. A parent named a possessory conservator will have a right to see and possess their child.
Child support is a monthly payment from one parent to another intended to cover some of the child’s expenses. While there is no law stating which parent pays child support, the non-custodial parent pays child support to the custodial parent in the vast majority of cases.
Child support in a Round Rock divorce is determined by many factors which is why it’s important to consult with an experienced attorney.
In a Round Rock divorce, there are two types of assets: community property and separate property. With a few exceptions, community property includes any assets that the couple obtained during the marriage.
It doesn’t matter whether an investment is titled solely in one spouse’s name, as long as a spouse received it after the couple was married. The only exceptions to this are:
Once the court identifies a couple’s community property, the next step is for the court to determine how to divide the property. Texas law requires courts to distribute marital assets in a “just and right” manner. While there are no specific factors that the court is necessary to consider, typically, courts look to the following:
In a Round Rock divorce case, either spouse may ask for spousal support (called spousal maintenance in Texas). Spousal support is a monthly payment from one spouse to the other.
There are specific laws limiting a judge’s ability to award spousal maintenance. For example, a judge can only order a party to pay post-divorce support in the following situations:
At the Law Office of Jason Wright, PLLC, our Round Rock divorce lawyer aggressively represents the interests of our clients throughout the process. However, we also recognize that “winning” means different things to different people. We will take the time to listen to what is important to you before recommending any course of action.
When most people picture a divorce proceeding, images of the spouses and their respective attorneys sitting in a courtroom come to mind. Indeed, some divorces require litigation; however, most divorces are primarily resolved through settlement.
A mediated settlement agreement is essentially a document you and your soon-to-be-ex outlining the issues you’ve agreed on. In many cases, spouses can eventually agree on all the problems that would otherwise need to be decided by a judge.
If you are thinking about filing for divorce or recently learned that your spouse plans to file, it is imperative that you reach out to an experienced Round Rock divorce attorney as soon as possible.
At the Law Office of Jason Wright, PLLC, we take a practical approach to divorce cases, often resolving most of the issues through mediation and negotiation rather than litigation. However, Attorney Wright is an experienced litigator who will not hesitate to take your case to court if you or your ex-spouse cannot reach a fair agreement.