Did you know that nearly 50% of marriages in the U.S. end in divorce? The process is often emotionally and financially draining, but understanding your rights in divorce can help you make informed decisions. In Houston, divorce laws govern everything from property division to child custody and financial support. If you are going through a divorce, having experienced legal guidance is essential to protect your future.
At Daniel Ogbeide Law, we focus on helping individuals through this difficult time. Our uncontested divorce attorneys in Houston offer knowledgeable and compassionate legal support, ensuring that your rights are protected every step of the way.
This article will cover key aspects of divorce in Houston, including property division, child custody, and financial support, so you know what to expect.
Property Division in a Texas Divorce
Texas is a community property state, which means that most assets acquired during the marriage belong equally to both spouses. However, that does not always mean a 50/50 split. Courts consider various factors when dividing assets, including:
- The length of the marriage
- Each spouse’s income and financial needs
- Contributions to the household, including non-financial contributions
- Fault in the divorce, such as adultery or cruelty
Separate property—such as inheritances, gifts, or property acquired before the marriage—typically remains with the original owner. However, proving separate property can be challenging without proper documentation.
Child Custody and Parental Rights
Child custody is often one of the most contentious issues in a divorce. Texas courts prioritize the best interests of the child, considering factors such as:
- Each parent’s ability to provide a stable home
- The child’s emotional and physical needs
- The existing relationship between the child and each parent
- Any history of abuse or neglect
There are two main types of custody:
- Joint Managing Conservatorship (JMC):Both parents share decision-making responsibilities.
- Sole Managing Conservatorship (SMC):One parent has primary decision-making authority.
Even if one parent is granted primary custody, the other parent typically has visitation rights unless the court determines that it would harm the child.
Financial Support: Spousal and Child Support
Financial support is another major concern in divorce. Texas courts may order:
- Child Support:Calculated based on the non-custodial parent’s income and the number of children. Texas law provides a formula for determining child support obligations.
- Spousal Maintenance (Alimony):Awarded in specific cases, such as marriages lasting over ten years or when one spouse is unable to support themselves due to disability or caring for a child with special needs.
Understanding your rights in divorce regarding financial support ensures that you are not left in an unfair financial situation.
Protect Your Future with the Right Legal Support
Are you facing a divorce and unsure of your rights? The decisions you make now will impact your financial security, parental rights, and overall well-being. Having experienced divorce lawyers in Houston on your side ensures that you are treated fairly throughout the process.
At Daniel Ogbeide Law, our divorce attorneys in Houston, TX, are dedicated to helping clients secure favorable outcomes in divorce cases. Whether you need help with property division, child custody, or financial support, we provide the legal guidance you need. Contact us at 832-321-7005 for a consultation and let us help you protect your future.