The divorce process is rarely as easy as two people agreeing to part ways. There are many factors that come into play that must be addressed in a way that is just and right to all parties — even in what appears to be an uncontested matter. This ultimately drags the divorce process out, leaving many people wondering, “What needs to be decided in a divorce?”
Your advocates at Nelson Law Group, PC in Flower Mound understand how overwhelming the divorce process can be on you and your family. But there are very good reasons why everything happens the way that it does.
Generally speaking, there are five areas that need to be resolved before divorce can be finalized.
Child custody is a judgment, decree, or other court order that provides for legal custody, physical custody, or visitation of a child. It is a very complex topic, to say the least, meaning that great care should be taken when it comes to the best interest of your child. I have long been a champion for children’s rights, and from my experience, suits affecting the parent-child relationship are much more detailed and emotion-filled. It is fact-driven, and in some cases, can lead to the complete termination of a parent-child relationship.
Another important factor that needs to be decided in a divorce is child support. These are periodic payments made by one parent to benefit a child following the end of a marriage. In a perfect world, the obligated parent simply pays the other to cover necessary expenses for the child, and life goes on. But so much more goes into these suits, including how these payments are calculated.
Texas is a community property state. As a result, its courts must divide an estate based on what they feel is just and right. In other words, as fair a split as possible. That is not always easy, which can slow down literally any divorce process. Each marriage is different and dictates which factors should be considered in a divorce case. A court has broad discretion when dividing a community estate and generally considers a number of factors.
A court can assign debt to one spouse and make that spouse solely responsible for its payment. Another option is that parties can split the responsibility. For example, a judge may rule that it is only fair based on the circumstances of the case, et cetera, that one spouse be responsible for paying the mortgage. The only downside is that using this method does not keep a creditor from demanding payment or foreclosing on community property that was awarded to the other spouse.
Spousal support, sometimes referred to as maintenance or alimony, is periodic payments that one party in a divorce case pays the other spouse during or after the divorce. It can be agreed upon by the spouses or court-ordered, but either way, it is often a concern to a party who is getting divorced.
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A divorce is a significant, life-changing event, and the effects of this difficult time will undoubtedly be felt for a while. But if you can see that there is a light at the end of the tunnel for you and your family, perhaps this is the right time to push forward with a new life.
Give our knowledgeable staff here at Nelson Law Group, PC, a call if you have any further questions regarding this or any other issue. Our staff is always available. Give us a call today!
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