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The modern day Texas divorce is usually little more than a simple clerical matter . By the time you have made the decision to get a divorce, the marriage has ended, and all that remains is to take care of the legal ties.
Ending the legal ties often includes dividing up any property from the marriage or just identifying the separate property of the parties.
If there are children of the parties, typically custody, child support, and visitation, will be set out in the divorce paperwork making it easier on every one involved - including the children.
Clearly spelling out who is to do what, when, and under what terms and conditions, eases the normal stress of a divorce, leaving less to be 'argued' over.
Child support is calculated based on the Texas State Guidelinesfor determining child support, eliminating what might otherwise be the biggest 'problem area' between divorcing parents. Unless the parents reach an agreement about the amount of child support to be paid, the Texas State Child Support Guidelines are presumed to produce an amount of support that is fair and equitable to the parents and more importantly, in the best interest of the children. ( ).
It is now the policy of virtually all states to encourage joint legal custody of children whenever practical . Joint legal custody does not necessarily mean a 50:50 time sharing of the children, although some parents are very creative in working out a parenting plan doing just that, or at least close to it. Joint legal custody also does not mean that there won't be any child support ordered. Joint legal custody is in reality is more a 50:50 sharing of the responsibility for decision makingabout the things that affect the lives of the children.
In the most 'common' joint custody plan, 1 parent has primary physical possession, and thenon-custodial parent has the standard visitationof basically every other weekend, alternating holidays, and an extended period in the summer, and pays child support based on the Texas State Child Support Guidelines. In the real world, joint legal custody is typically a parenting plan that keeps both parents actively involved in all of the major decisions impacting the child and gives the non-custodial parent a greater role in the lives of their children. Standard visitation schedule.
The majority of Texas divorces are granted by agreement of both spouses.That means that for the majority of spouses, they have reached a marital settelment agreement about how they want the affairs of their divorce settled and rather than needing or wanting someone to 'tell' them what they 'ought' to do; what they really want is someone to simply do the paperwork - according to the way they have decided to settle their divorce, and give them the procedural information they need to process their divorce without hiring a lawyer. That is exactly what we do.You make the decisions - We Do the Paperwork ; and provide the procedural information to 'walk' you through the process from filing the initial paperwork to walking out of the courthouse a newly divorced single person.
Everyone knows that you can represent yourself in a murder trial , we hear about it almost daily on the news, but few people realize that there is no law in any state requiring you to hire a lawyer; you are not required to hire a lawyer to handle any legal matter for you - including your divorce.
If 1 of the spouses is not a resident of Texas , the filing spouse must have resided in Texas for 90 days prior to filing for divorce. A divorce may be filed for in any of the following counties: if both spouses reside in Texas no time limit
What are the grounds for divorce in Texas?
The marriage has become insupportable because of discord or conflict of personalities that has destroyed the legitimater ends of the marriage relationship and prevents any chance at reconciliation
Fault Based Grounds:
confined to mental facility at the time of filing for at least 3 years with no chance at adjustment
How long does it take to get a divorce in Texas?
There is a 60 day waiting period required before a divorce will be final. Depending on the court's schedule, a online Texas divorce may be granted in as little as 30 days.
Can a Texas divorce be granted if the respondent's whereabouts are unknown?
If the filing spouse has made a 'good faith effort' to locate the missing spouse, and can swear under oath and penalty of perjury that they do not know the current whereabouts of the respondent and have made an effort to locate them, the missing respondent can be 'served' by publication of a notice in a local newspaper.
How is property divided in a divorce in Texas ?
Texas is an "equitable distribution" state, (by case law rather than statute), generally meaning that all marital property acquired during the marriage is subject to division. Property brought into the marriage i.e. that a person had before the marriage are not subject to division in a divorce.
Does Texas have Alimony?
Yes. Alimony may be awarded to either spouse for their support and maintenance after the divorce IF it is "equitable and just". It is generally based on the financial circumstances of the divorcing spouses. The needs of one spouse and the ability of the other spouse to pay are the primary factors in determining alimony. Since most spouses are working, alimony (if necessary at all), is usually for a shorter period of time, and smaller amount than in the past, although alimony in Texas is for an indefinite period, meaning that it may be increased or decreased if there is a change in one of the party's circumstances.
Are there guidelines for custody of children in Texas?
Most parents agree about the custody, child support, and visitation issues relating to their children. Joint custody arrangements have become common place and in some states the "norm" in determining the care, custody and support of children. If the parents are unable to 'work it out', a judge will ultimately decide these issues for the parents. See the section on Children below for detailed information on custody, support and visitation).
How is Child Support determined in Texas ?
Texas , like all other states, has guidelines for determining the amount of child support to be paid. The guideline amount is presumed to arrive at an amount of support that is in the child's best interest. If the parents are unable to agree to an amount of child support, the court will determine the amount of support based on the Child Support Guidelines. (See the section below on Child Support for a copy of the guidelines).
What about medical insurance for the children?
A determination as to who is going to provide medical health care insurance for the children and how any uninsured medical expenses shall be paid between the parties is typically part of the parties' marital settlement agreement during the divorce process. If medical insurance is available through a parent's employment, they are required to cover their children through the plan.
How permanent are the provisions for child custody and support?
As in any other state, orders providing for the support and custody of children is subject to modification after the divorce if their is a substantial change in the circumstances of the parties i.e. an increase or decrease in income or a change in the living arrangements of the children.
|1 = 20%||2 = 25%||3 = 30%||4 = 35%||5 = 40%||6 = 45%|
A Child Support worksheet and minimum child support guidelines chart is available for printing as a 'guide' and reference for calculating child support.
View complete Standard
The following are parenting plan options which are
included in our Parenting Plan as part of the Online Worksheet/Order Form
that can be ordered 'instantly' over the net or is available for printing to
be mailed or faxed in.
one) Unless you specify otherwise the parent who does not have primary physical
custody will be presumed to have visitation with the child(ren) and the
paperwork will be done accordingly.
____NO CHILD SUPPORT TO BE PAID BY EITHER
PARENT AGREED CHILD SUPPORT: $_____________ per
month MEDICAL INSURANCE FOR CHILDREN Which
parent is to provide medical health insurance for the
*** PARENTING PLAN for CHILD CUSTODY,
VISITATION, AND SUPPORT
CUSTODY **Note; The above list of options for developing
your parenting plan is not intended to include all possibilities or
circumstances and is only provided for your general information and
educational purposes; attach an additional sheet detailing any
provisions of your Parenting Plan not included in the above list of the most
commonly used provisions.
Virtually every state is now 'urging' parents to work together for the
benefit of the children and reach a 'joint custody' agreement. Joint custody
is seldom a 50:50 time sharing of children. It is more accurately a 50:50
sharing of responsibility and participating in the decision making process in
matters that affect the children. Generally, one parent is named as the
'primary' joint custodian and the other parent is granted visitation "at all
times mutually agreed" and failing agreement, under the terms of the state's
standard visitation policy. The primary joint custodian typically retains the
decision making authority to determine the child's primary residence and
school; and to designate such things as the child's primary physician.
_______Custody, Visitation, Support By Agreement _______Custody, Visitation, Support to be determined by the Court
STANDARD VISITATION? NOTE The Standard Visitation Schedule provides that parents are free to visit their children AT ALL TIMES MUTUALLY AGREED BUT Provides that if you can't agree, then the Standard Schedule is already in place guaranteeing a minimum visitation periods of generally ALTERNATING WEEKENDS, HOLIDAYS AND SUMMER VISITATION etc.)
Use the standard visitation schedule? YES NO
IF NOT STANDARD VISITATION specify other visitation As follows:
JOINT CUSTODY?__YES___NO__ (Even if Joint Custody; list who the children will primarily live with above in the child(ren)'s information and visitation choice
DOES THE PARENT TO HAVE CUSTODY RECEIVE AFDC?__YES__NO
Parent to pay child support_________________________________
ADDITIONAL PARENTING PLAN PROVISIONS choose any or all that apply
BASIS OF AGREED SUPPORT. The support established by this agreement is based on the following facts:
**Note The cost of medical insurance and child care is not included in the above percentages, and
About The National Divorce & Bankruptcy
The following are parenting plan options which are included in our Parenting Plan as part of the Online Worksheet/Order Form that can be ordered 'instantly' over the net or is available for printing to be mailed or faxed in.
Unless you specify otherwise the parent who does not have primary physical custody will be presumed to have visitation with the child(ren) and the paperwork will be done accordingly.
____NO CHILD SUPPORT TO BE PAID BY EITHER
AGREED CHILD SUPPORT: $_____________ per
MEDICAL INSURANCE FOR CHILDREN Which parent is to provide medical health insurance for the children?__________________________
*** PARENTING PLAN for CHILD CUSTODY, VISITATION, AND SUPPORT
**Note; The above list of options for developing your parenting plan is not intended to include all possibilities or circumstances and is only provided for your general information and educational purposes; attach an additional sheet detailing any provisions of your Parenting Plan not included in the above list of the most commonly used provisions.
Your responses and directions, taken from the online order form, will be used to generate all of the 'signature ready' documents, required to file, process and complete an agreed or default Texas divorce, and returned to you 'signature ready', for filing at your local courthouse, along with the procedural information & guidelines necessary to process the paperwork without a lawyer - including all of the following documents: