In Texas, child custody is known as conservatorship and the person to whom custody has been granted is known as the conservator. In some cases, two people may be granted simultaneous conservatorship of the same child. This is known as joint managing conservatorship.
Many Texas residents may be surprised to learn that the widespread assertion that half of all marriages will end in divorce has not been true for many years. A statistical analysis of divorce rates in the country instead demonstrate that the rates have been on a steady path of decline since the 1980s.
When a divorce in Texas is finalized, a judge will enter a divorce decree. The items in the decree may have been determined by the judge overseeing the case or the couple may have come to their own divorce agreement. If the couple comes to an agreement on their own, the judge will ask them some basic questions before entering the decree into the court's records.
In a Texas divorce case, a specific order may be created that determines who gets access to a couple's children. While the order is legally binding, there may be ways to modify the order. To ask the court to modify the order, that individual must have standing to do so.
In the state of Texas, parents are allowed to make their own child custody arrangements in a variety of ways, as long as both parents are in agreement. If the parents cannot agree about child custody and visitation, then the court will use a schedule that was developed by the Texas Legislature. This schedule is known as the standard possession order. The SPO grants visitation to the non-custodial parent every other weekend from 6 pm on a Friday until 6 pm on a Sunday. School holidays are divided evenly between the two parents.
Although a divorce may be an emotional time in an individual's life, nothing should be overlooked from a financial standpoint. Making mistakes such as underestimating cash flow needs or the impact of joint liabilities can stunt a person's efforts to live a financially secure life after the marriage has ended. It is also important to look over prior tax returns to determine if any tax assets need to be considered in a divorce settlement.
Married or soon-to-be married couples in Texas can take heed from this example of a divorcing spouse challenging an 11-year-old prenuptial agreement. The agreement stipulated that the wife would receive a one-time payment of one percent of the husband's assets in the event of divorce. The wife has filed to overturn the agreement and proceed with routine property division under Illinois state law. At the same time, she filed for sole custody of their three children and relocation rights. Her specific charges against the prenuptial agreement's validity may be worth the attention of Texas couples.
When two people decide to get married in Texas, they may not be considering a prenuptial agreement. However, according to a recent article, the documents are apparently gaining in popularity, suggesting that many individuals wish to protect their rights and their separate property.
A recent divorce dispute involved a husband who wanted half of an inheritance his wife had received from her grandfather's estate two years before. This type of situation is not uncommon in a divorce, and different circumstances may apply from one divorce case to another. An important distinction is legally made between separate property, which is not divided, and marital property, which is divided.
Many couples may benefit from understanding more about what constitutes as grounds for divorce in their state. Texas Family Code cites seven specific scenarios that may justify the court in granting a divorce. The scenarios that qualify as grounds for divorce include insupportability, cruelty, adultery, felony convictions, abandonment, living apart or confinement in a mental hospital.