FAQ: Your Rights and Responsibilities During a Divorce

In 2021, there were 1.4 divorces per 1,000 inhabitants in Texas, which is a good deal down from 5.5 in 1990. Although they are becoming more rare than in the past, every divorce is still a painful and complex, emotional process. No one should have to go through something that big without real help on their side, or have their questions go unanswered.

We’ll answer your most common questions about divorce and examine the ways you can make this process easier on yourself and your family.

What is a Divorce Lawyer?

Simply put, a divorce lawyer is an attorney who specializes in legal issues like child support, alimony, property division and more factors associated with divorce. For example, at the Nilsson Legal Group we’re a group of family law practitioners who focus on these issues. Your attorney helps you navigate the sometimes complicated legal process, ensures your rights are protected and gets you through this situation and out the other side with the most equitable result.

What Financial Responsibilities Come With Divorce?

If there are children in the marriage, custody must be settled, which usually results in financial decisions. Any couple getting divorced may need to figure out child support, alimony, or focus on dividing the property and assets acquired over the course of the marriage. These financial responsibilities will vary depending on the specific circumstances, of course, but a good lawyer can make sure you are protected and that you get what you deserve.

What is Child Support and Who Pays?

Child support is a financial payment from one parent to the other to help cover the costs of raising a child, based on how those costs would be shouldered in a single home. Typically the non-custodial parent is responsible for child support, but even this can sometimes vary.

What is Alimony and How Is it Determined?

Alimony is a financial payment from one spouse to the other to help them financially after the divorce. The amount and duration of alimony payments vary widely, depending on factors from the length of the marriage to the income and earning potential of each spouse individually.

How is Property Divided During a Divorce?

Property division during a divorce can be a complex process that involves dividing up both the assets and debts acquired during the marriage. The goal is to divide them in a way that’s fair and equitable.

Texas is one of nine community property states, which means most of the property acquired by a couple during their marriage (with a few exceptions) is equally owned by both spouses.

Note that property acquired before the marriage is considered separate property, as well as any inheritances or gifts intended for specifically one or the other spouse.

In a divorce, the court determines what is community property and what’s separate property, then divide the community property in what’s known legally as a “just and right” manner, which may not be just simply down the middle. The court considers factors like earning capacity, health and the education of each spouse, as well as the total size of the estate. Note that Texas is also a “no-fault” state, which means the court doesn’t consider fault or misconduct as a factor when dividing up property.

What if I’m Financially Burdened after Divorce?

You may have the right to seek spousal support or other financial assistance. A divorce lawyer can talk you through each of your rights and options here.

How to Find a Divorce Attorney?

It’s important to look for someone with experience in divorce cases, like Nilsson Group. You want a law firm with a good reputation in the legal community and someone with strong communication skills. It’s important that you feel comfortable both dealing with your lawyer and confident in their abilities if they’re going to represent you.

How Long Does the Divorce Process Take?

The length of the divorce process can vary depending on factors such as the complexity of the case, the willingness of both parties to reach a settlement and the court’s schedule. Some divorces can be finalized in a matter of months, while others may take a year or even longer.

Fort Worth Divorce Lawyer

It doesn’t have to be acrimonious, and plenty of divorces are simple and friendly. That’s not always up to us, and no divorce is easy.

Things can become complicated no matter how much we want to make it easier. If your family is facing divorce, you deserve a dedicated family law firm on your side. Our mission is to focus solely on family law, so that we can apply our expertise to families in just your situation. Contact us for a free consultation today and we’ll help get the process underway. Your new chapter starts now.