Understanding Your Rights During a Divorce in Texas

Mar 06, 2023

Understanding Your Rights During a Divorce in Texas 

Divorce is an emotionally complicated process and it can be difficult to understand how the court will decide on spousal support, child support and asset division. In Texas, the court considers several factors when making these decisions, including the length of the marriage, each spouse’s income and earning capacity, each spouse’s financial resources and obligations, any property acquired during the marriage, and other related matters. To make sense of all this information and to ensure you are getting a fair ruling from the court, consider consulting with a divorce attorney. At The White Law Firm P.C., we can help guide you through this confusing process so that you can move forward with your life. 

 

Spousal Support Calculations in Texas

 

In Texas, spousal support is calculated based on several different factors. These include each spouse’s financial resources, including their separate estates; their education level; their earning power; their physical condition; how long they have been married; whether either spouse committed adultery or other wrongful acts against the other spouse; whether one spouse needs assistance to complete education or training in order to become self-supporting; their age; whether either of them has custody of children requiring support; any fault by either party affecting the dissolution of marriage; and any other factors that should be considered by the court when deciding spousal support payments. It is important to note that although spousal maintenance can be awarded in some cases in Texas divorces, it is not as common as it may be in other states. 


What if I Cannot Pay Spousal Support?

 

If you are unable to pay your spousal support for any reason—such as job loss or illness—then you may seek a modification from the court. You must first file a motion for modification with proof that your circumstances have changed since your initial divorce agreement was made (e.g., evidence of job loss). The judge will then review your case and decide whether or not to grant your modification request. If approved, then your new agreement will reflect this change going forward. 


What if My Ex Refuses to Pay Spousal Support?

 

If your ex refuses to pay spousal support due under a divorce decree issued by an appropriate court—such as a family law court—you have options for getting them to comply with the order. First off, you should notify them that they are legally obligated to comply with said order via written notice or through an attorney if necessary. If they still refuse after being adequately notified then you can take legal action against them such as filing contempt charges or wage garnishment orders until they comply with their obligation (or until payment is complete). These actions can result in fines or jail time for non-compliance so it is important for both parties involved to understand exactly what their rights and obligations are under state law regarding compliance with marital agreements regarding spousal support payments.     


Divorcing couples in Houston need not worry about navigating this complex process alone because The White Law Firm P.C., is here to help guide them through it every step of the way! We understand how emotionally charged divorces can be and we strive hard ensure our clients get fair rulings from the courts while protecting their assets at all times throughout litigation proceedings! Understanding all of your rights during a divorce proceedings in Texas will give you peace of mind knowing that whatever outcome may come out of these proceedings will be justifiable according to state law! Contact us today for more information on how we can help protect your rights during a divorce litigation proceeding in Houston!

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