Divorce

Dissolving a marriage is a complicated, emotional process. In almost every case, the primary issues to be resolved center around the division of property and caring for children.

Except in special circumstances where one person is at fault for the break-up of the marriage, divorce is granted on the "no-fault" ground of insupportability. This means a conflict of personalities has destroyed the legitimate ends of the marriage relationship. When a divorce is granted for insupportability, the marital (or community) property is separated by a "just and right division". Community property includes all property acquired during the marriage not obtained by gift, bequest, or inheritance. Of course there are many exceptions to these general rules.

When children are involved, Texas courts prefer to designate both parents as joint managing conservators with the same rights, duties, and obligations to the children. One parent is typically designated the "primary" conservator and has the exclusive right to determine where the child lives. Courts favor restricting the residence of the children to a geographical area which allows both parents the opportunity to be involved in their children's daily lives and activities.

Visitation of the children by the non-primary parent generally occurs under a standard possession order, which includes:

  • the first, third, fifth weekends of each month
  • every other holiday
  • one month in the summer

The Texas Family Code allows parents awarded visitation to choose an expanded visitation schedule allowing for longer weekends, overnight visits during the second and fourth weeks, and approximately 45 days in the summer. Child support is also calculated and ordered as part of the divorce proceeding.

The issues arising during divorce are complex and require experienced legal counsel. The information above is an overview and is not intended to be a substitute for legal advice. Should you have specific questions about your specific circumstance, the attorneys at Criss Law Group, PLLC are ready to help.