In fact, some of the statutorily created factors examined by Texas courts when determining the size and duration of spousal maintenance include:. Contact Us.
How Can I Figure Out How Much Spousal Support I'll Receive?
Family Law Divorce Rule No. A court may deny alimony to a spouse who has committed adultery. Courts also consider the adultery of a spouse asked to pay alimony, if the affair was the reason for the breakup of the marriage. Adultery can still be considered if it was committed after the spouses separated and lived apart. Courts will also take into account any money spent on an affair, such as money spent on trips, hotels, or gifts. Courts focus more on the parenting abilities of each parent when deciding which spouse will have custody of the children. Adultery can indirectly impact child custody or visitation, however, if a spouse abandoned the children while having the affair.
If you have additional questions about divorce and adultery in Texas, you should consult with a Texas family law attorney.
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Texas Family Code on Eligibility:
There are certain situations where the person filing for divorce can get the other spouse kicked out at the time they file. For example, if your husband has physically assaulted you, you may go to court and file for divorce and at the same time ask the court to kick him out of the house because he is a danger to you. But this is reserved for situations where one spouse is a danger to either the other spouse or the children.
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Q: Will I receive preference from the Court over the father of my children when it comes to establishing the primary residence of the children on the basis that I am the mother of the children? A: No, not on the basis that you are the mother — that would be gender discrimination and it is expressly forbidden. Stereotypically and historically, this has been the mother.
Understanding and Calculating Alimony in Texas
The parent who does the actual care-taking is the one who will get primary custody. Q: Can I move out of my county or Texas with the children? A: Not while your divorce is going on. This may be one county Dallas County , a group of counties Dallas County and contiguous counties , or the state of Texas. If your orders say this, you may not move with the children even after the divorce is final. YOU can move, but the children must stay.
If you have good cause to move with the children, you can through the legal processes ask the court to lift this restriction. Q: What about adultery? Do I get more since he was the one that cheated? A: Fault in the breakup of the marriage is one factor that the judge can look at when dividing up the marital property. Unfortunately, in our modern society adultery is shrugged at.
Even then, however, this has more impact on a child custody determination, than a property division. Q: Is there legal separation? However, married couples living separately can enter into marital property agreements that have basically the same end effect of dividing up property that a divorce would. This kind of lawsuit is used to make a legal determination of which parent gets which rights and duties with regard to their children.
It also will establish visitation schedules and child support. Q: I want sole custody, is that possible? A: If you have a solid reason for it, yes, it is possible. Typically, even with the appointment of one parent as Sole Managing Conservator, the other parent will still have standard visitation.
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Conservatorship sole or joint has to do with who gets to make decisions for the child — not with who gets visits and when. Q: When can I start receiving child support?
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