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Divorce
A divorce action can be filed by either party to end a valid marriage. Whether you and your spouse jointly decide to divorce, or one spouse decides unilaterally to end the marriage, divorce is one of the most difficult things a person will endure.
Division of all community property assets
There are three estates to be determined: The separate estate of the husband, the separate estate of the wife, and the community estate. All property is presumed to be community property and subject to division: income received by the spouses and assets acquired with those monies are community property. Separate property is property owned by one of the spouses prior to marriage or received during the marriage by gift or inheritance. It is the burden of the spouse claiming to have separate property to prove the separate property. Proven separate property is not subject to division in divorce.
The next consideration is whether the community estate owes money to one of the spouse’s separate estate, or whether one of the separate estates owes money to the community estate. There are many reasons one estate may owe another. An example would be if the spouse came into the marriage with debt, and the community estate paid that debt, the community estate would have a reimbursement claim.
Sometimes one of the parties wastes community assets. In this event, the other spouse can request that the community estate be reconstituted. For example, if one party wastes assets in the amount of $50,000, reconstituting the estate means that the $50,000 is added back to the estate for division - and the fictitious funds are awarded to the spouse who wasted them.
If the spouses are unable to agree on the division of the community estate, the court will divide the estate in a manner deemed fair and equitable. There is a presumption that the community estate should be divided equally between the spouses. There are many reasons the court could decide to disproportionately divide the estate in the favor of one party, such as a fault in the breakup of the marriage, a disparity of income, age of the spouses, or health of the spouses.
Provisions relating to the children
If the parties have children, they must decide conservatorship, rights and duties, possession and access, child support, and health insurance:
Conservatorship
Rights and Duties
Rights and Duties
The parents can be appointed Joint Managing Conservators, or one of the parties can be appointed a Sole Managing Conservator and the other a Possessory Conservator. There is a presumption that the parents should be appointed Joint Managing Conservators.
Rights and Duties
Rights and Duties
Rights and Duties
Conservatorship affects the rights and duties each parent will have. The rights and duties will either be exercised at all times or during periods of possession.
Health Insurance
Rights and Duties
Health Insurance
Are your customers raving about you on social media? Share their great stories to help turn potential customers into loyal ones. The courts require that health and dental insurance be maintained. It is presumed that the parent paying child support shall pay for the cost of insuring the children. Each party usually pays fifty percent of medical expenses for the children not insured by insurance. The courts require the attached information to be filed with the court.
Child Support
Possession and Access
Health Insurance
There is a presumption in Texas that the non-custodial parent shall be child support based on the guidelines set out in the Texas Family Code. This guideline is a percentage of a calculated net, which is basically gross monthly earnings, less withholding for a single person with one withholding, less medicare, less social security, and less union dues. The net is then multiplied by 20% for one child, 25% for two children, etc. The percentages are reduced if the obligor (the person paying support) is also obligated to support a child that is not part of this suit. Child support can also be adjusted from guidelines based on the possession and access of each of the parents.
Possession and Access
Possession and Access
Possession and Access
The parents can agree to the possession and access of the children. If they cannot agree, the State of Texas has determined that a Standard Possession Order is in the best interest of children age 3 and older. At the non-primary parent's election, an Expanded Standard Possession can be entered. See "Standard Possession Order" versus "Expanded Standard Possession Order", below.