If you are thinking about divorce, it is important to consider some common issues. Here are four categories of issues to give you a better understanding of all that a divorce entails.
Category One: Child Custody
If you have children, the first category to consider is who has legal conservatorship. In Texas, parents are typically appointed Joint Managing Conservators. What does this mean? In a nutshell, Joint Managing Conservators have the same rights and duties, and will together make any decisions regarding the children. However, parents can also allocate various rights and duties. Some common rights and duties to allocate include the right to make decisions concerning the child’s medical care, or the right to make decisions regarding the child’s education. Parents can decide to have these rights and duties independently, jointly, or exclusively.
In most counties, one parent also has to be assigned the exclusive right to determine the child’s residence. When this happens, the other parent might request a geographical restriction be put in place. Meaning, the parent with the exclusive right to determine primary residence can only do so within a certain county or counties.
How you want to schedule possession should also be considered. Texas has a standard possession order that can be put in place. Or you can choose to divide possession in any way you wish. You can explore some examples of how to evenly split custody by looking at our other blog posts and downloads.
Category Two: Child Support
How child support will be handled is also an important consideration. Parents can agree on certain amounts, or follow the statutory guidelines to determine the amount. Items that are considered in determining child support include monthly income, other children the parent has a duty to support, and additional resources. While parents are not required to seek child support, the Court will require that parents provide health and dental insurance for the children. This can be through private insurance companies, or through government assistance programs.
Category Three: Marital Property
The next category to consider is marital property. How do you determine what property needs to be divided (community property) and what property is yours to keep (separate property)? I’m glad you asked. If the property was acquired during the marriage it is classified as community property, but if the property was acquired before the marriage it is classified as separate property. All assets, debts, and liabilities will need to be characterized. These items might include bank accounts, housing, vehicles, businesses, or real property.
Category Four: Additional Items
There are also some additional items to consider when getting a divorce. For instance, you might want to change your name. The law allows you to change your current name back to your maiden name when getting a divorce. It is also important to determine how you will file your taxes for the year of your divorce. Will you file jointly or separately? Who will claim the children as dependents?
This is just a shortlist of items to consider. Hopefully, this list can provide you with an overview of issues that are common in divorce.
Erinakes Law, PLLC
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