Austin Family Lawyers

In a community property state, spouses have equal rights to all property the couple accumulated during the marriage. The couple must disclose all their assets and debts, value their property, and agree to a fair division. In most cases, the value of the property should be split evenly or very close to evenly.

Issues that often arise in property division negotiations include distinguishing personal from marital property, allocating marital debt, and obtaining accurate valuation of assets like business interests or professional practices. An Austin family lawyer has substantial expertise in these matters and could advocate strongly to support a spouse’s interests.

The law presumes that children benefit from close relationships with both their parents. Courts favor arrangements where each parent spends considerable time caring for the children and shares decision-making responsibility. However, parents can deviate from that arrangement when it is not appropriate or practicable in their case.

Parents must submit a proposed parenting plan to the court for approval as part of the divorce settlement process. In all questions concerning children, Texas Family Code §153.002 requires judges to prioritize their best interests.

The state does not routinely award spousal maintenance, but a court may award it when a couple has been married for ten years or more and the requesting spouse cannot meet their basic expenses without ongoing support. Generally, the amount of spousal support is 20 percent of the payor’s gross income or $2,500 per month, whichever is less, and a spouse typically receives spousal maintenance for no more than 36 months.