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Frequently Asked Divorce And Family Law Questions

For many people, divorce and other family law issues present the most complex challenges of their lives. Between the personal, financial and legal aspects of your case, The Law Offices of Douglas Ray York, P.C., can give you the clarity and insight you need. If you have further questions about your case, email our Houston firm or call 713-479-5555.

Do I Need To Give A Reason For Divorce?

Every divorce is unique. Couples might either drift apart or experience a decisive break in the marriage. Texas allows “no-fault” divorce, which means you do not need to explain why you seek divorce. However, if one spouse is responsible for the end of the marriage through infidelity, domestic abuse or another reason, the court may consider those circumstances when deciding the final results.

Do I Have To Live In Texas To Divorce Within The State?

Regardless of whether you and your spouse married in Texas or elsewhere, you must meet the two residency requirements to divorce in Texas, which include:

  • One or both spouses must have been a Texas resident for the past six months or longer.
  • One or both spouses must have lived in the county in which they file for divorce for at least 90 days.

In an increasingly global society, many couples may have ties to other countries or states. Regularly moving or traveling can make these residency requirements confusing. Your attorney can help you determine whether you can file in Texas and address any international aspects of your divorce case.

Which Factors Affect Spousal Support?

Courts will examine several factors when deciding whether to award spousal support, including:

  • The income and available resources of each spouse
  • The duration of the marriage
  • The medical needs and lifestyle of each spouse
  • Each spouse’s earning potential regardless of current employment

When spouses earn or own significantly different values, spousal support may become a point of contention. A high-earning spouse may be concerned that the other party will seek to take a significant portion of their income, whereas the other party has their own financial stability in mind. Working with a strategic trial attorney can help you assert your financial needs.

How Do Courts Determine Parental Rights And Responsibilities In Child Custody Cases?

In child custody decisions, which Texas refers to as conservatorships, courts consider:

  • The health, competency, financial stability and lifestyle of each parent
  • The child’s preferences, when appropriate
  • The child’s medical, emotional and physical needs
  • The child’s relationship with each parent
  • Any history of domestic abuse or child neglect

If you are worried about preserving your parental rights or protecting the interests of your child, it is important to contact a qualified lawyer as early in your case as possible.