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New Braunfels Attorney for Divorce Involving Children

Compassionate Divorce Representation for Families with Children in New Braunfels, TX

Divorce nearly always involves complicated legal issues and strong emotional reactions. When minor children are involved, these issues and feelings can be even more intense. Texas law does set up standardized orders for child custody and child support, but they are not appropriate for all families in all circumstances. In a somewhat similar vein, there are a number of possible grounds for divorce if a no-fault marriage dissolution is not the best option, for whatever reason.

Open and effective communication is one of the cornerstones of our family law practice at The Bettersworth Law Firm. During your initial consultation, we will take the time to listen to you in order to determine not only the facts of your case but also your legal and financial goals in a given matter. As the case proceeds, we will promptly respond to your phone calls and emails. Furthermore, we will proactively keep you informed as to ongoing developments in your case, so you are never in the dark.

Grounds for Divorce According to the Texas Family Code

The vast majority of Texas divorces are based on "insupportibility" due to "discord or conflict of personalities" and no reasonable expectation of reconciliation. After a no-fault petition is filed, there is a mandatory 60-day waiting period.

in many cases, however, a person files an evidence-based divorce for legitimate religious or personal reasons. Some spouses may have financial reasons for such an action, because Texas is one of a few states that makes fault in the breakup of the marriage relevant in property division and enforcement matters. The recognized fault-based grounds for divorce are:

  • Adultery, which is narrowly defined to include only sexual activity,
  • Emotional or physical cruelty "of a nature that renders further living together insupportable,"
  • Felony conviction and incarceration,
  • Abandonment for at least one year,
  • Physical separation without cohabitation for at least three years, and
  • Confinement in a mental hospital for at least three years.

Texas law also sharply limits the available common-law defenses to these grounds, particularly as to adultery.

Child Support and Child Custody

Texas is a percentage-of-income state that determines the presumptive amount of child support based on a percentage of the obligor parent's income. That is, when children will live with one parent for the majority of the time, the other parent will typically be required to pay child support, and the amount of support they must pay will be calculated using a percentage of their "net resource", which is the income they earn minus applicable deductions such as taxes. The scale begins at 20 percent for one child and ends at 40 percent for five or more children. In some circumstances, the judge has the discretion to deviate from the child support guidelines. In these situations, the amount a parent may be required to pay will be based on a number of factors, including:

  • Any step-children in the family,
  • The ages and needs of the children, and
  • "Any other reason consistent with the best interest of the child."

In addition to financial support, most obligors must make arrangements for health insurance. If the obligor dies, the child support obligation continues, so an obligor will typically be required to have a life insurance policy.

As far as visitation and custody are concerned, most non-custodial parents will be able to have possession of their children on one night during the week (typically Thursday night), every other weekend, every other holiday, and most of the summer. The Standard Possession Order is also subject to modification as needed. These modifications are primarily based on significant changes in the circumstances of one or more of the parties, such as increases or decreases in income or plans to relocate with children to a different, city, county, or state.

Contact Our Comal County Contested Divorce Lawyer

Contested divorces with children involve significant legal and financial questions. For prompt assistance in this area, contact The Bettersworth Law Firm at 830-606-0404. We are ready to provide you with the legal help and representation you need to resolve child custody and divorce issues successfully.

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