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Frequently Asked Questions

Frequently Asked Questions- Divorce

At Jessica McDonald & Associates, we know that divorce can be an incredibly confusing and overwhelming time for many people. Here are a few frequently asked questions we often get.

 Reach out to us about your situation at 903-458-9108.

Will my divorce go to trial?

Not all divorces go to trial, but all divorces to go court. The vast majority of all divorces in Texas are uncontested, meaning the couples agreed on most issues regarding such things as child custody, child support, visitation, and division of assets. When couples are able to agree on how things should be settled, it is called an uncontested divorce.  In an uncontested divorce situation, spouses work together to negotiate the terms of the agreement. After the entire process, they then can bring the agreement before a judge for finalization.  The agreement still has to be drafted and presented before a judge, so it is usually helpful to have the assistance of an experienced trial attorney to ensure the final decree is drafted correctly and the agreement is presented properly before the judge.

What about the kids?

Considering being separated from your children is perhaps the scariest part for many people when they consider divorce.  Before you start fighting for custody of your child, it is important that you know what types of conservatorship the court can order. In most cases, the court orders what is called joint managing conservatorship. Joint managing conservatorship is ordered when the court decides that both parents need to be involved in the child's life. A joint parenting plan is  created in which each parent child spends time with the child.  Those plans can differ depending on the age of the child, the geographic distance between residences of the parents, and other factors. If the court finds that it is not in the child's best interest for the parents to be named joint managing conservators, the court can also order sole managing conservatorship to one parent, but the other parent can be granted possessory conservatorship allowing them visitation rights with their child.

Who gets the house?

Texas is a community property state.  The court will start with the presumption that all property belongs to both spouses jointly, unless the spouses can prove that certain property is their separate property.  Texas divorce law requires  an equitable division of property. So, if one of the spouses gets the house, the other will receive other property or cash, in an equitable amount for half of what the house is worth.

Will I need to receive or pay alimony?

Texas law does allows either spouse to get alimony, however, it is certainly not awarded in every case.  To qualify for alimony, one spouse has to prove that they have been negatively affected financially by the divorce.  Some examples of cases where alimony has been awarded include spouses who have a disability that prevent them from working to support themselves, spouses who are caring for disables children, or spouses who have taken time off work to care for a child.

If you would like more information, contact us today to schedule your consultation at 903-458-9108.

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