Galmor, Stovall & Gilthorpe
Attorneys & Counselors at Law
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|Serving the legal needs of Southeast Texas since 2008|
Divorce is the process by which a husband and wife legally dissolve their marriage. Most of the time when a husband and/or wife file for divorce, the suit is based on insupportability of the marriage, also known as No Fault divorce. Of course, either spouse may allege other grounds for divorce such as adultery, cruelty, abandonment, among other things.
A divorce is one of the most difficult events in any person’s life. The prospects of divorce, working with a lawyer and the actual divorce proceedings seem like daunting tasks with potentially austere financial ramifications. The fact is that many marriages end in divorce. People are choosing to live their separate lives and chase their dreams as opposed to be unhappy in a marriage. The important thing is to get through this process and continue to build your life. We have prepared some FAQs below to help you better understand the divorce process and how it works.
Procedures to initiate divorce
Divorce and Children
A child means an unmarried and unemancipated person under eighteen years of age. Child or minor means a person under 18 years of age who is not and has not been married or had his/her disability of minority removed.
Child custody can be the single most difficult issue in the divorce process. Assets are split in the petition as a one time agreement, but the impact of custody arrangements continues after the divorce is finalized in accordance to the details of the petition. It is a common tactic in divorce proceedings to point out the other party as an unfit parent. The purpose of this approach is to win custody of the children, limit visitation rights of the other party, protect the children from harm, or to make one's claim that they are the better party for which the court should assign custody. You must prepare yourself that you could be portrayed this way in the divorce proceedings. It is often said that all the "dirty laundry" comes out during divorce. Understand that this is a fight in which you must represent your best interests as well as the best interests of your children.
Custody of a child is determined by a legal proceeding called a SAPCR – or “Suit Affecting the Parent-Child Relationship.”
Sole Managing Conservatorship refers to the custodial parent who has actual possession of the child at all times, except during the time the other parent has visitation rights.
Possessory Conservatorship refers to the non-custodial parent with visitation rights.
Joint Managing Conservatorship means the sharing of rights, privileges, duties, and powers of a parent by two parties, usually the child’s mother and father, even if the exclusive power to make certain decisions (such as the child’s primary residence) may be given to one party. Unless there is a history of family violence, there is a rebuttable presumption that appointment of the parents as joint managing conservators is in the child’s best interests.
Rights and Duties of Parenthood:
Right to custody
Duty of care, upbringing and discipline
Duty of support
Managing the child’s estate
Right to consent to marriage, military service, and medical treatment
Right to represent child in legal actions
Right to child’s services and earnings
Right to receive and disburse funds for child’s support and benefit
Each parent has the legal duty to support the child, including providing the child with clothing, food, shelter, medical care and education. This obligation continues until the child turns 18, graduates from high school, or is otherwise emancipated. In some instances where a child is disabled or has special needs, support obligations may continue indefinitely. In recent years, the State of Texas has acquired more efficient and stringent methods for enforcing child support orders. The parent who must pay support could have his/her wages garnished, income tax refunds diverted, lottery winnings intercepted, or even committed to jail for up to 6 months for failure to make child support payments. A parent who is in arrears for back-child support accrues interest at a rate of 6% per year on the unpaid balance.
Child support is based on statutory guidelines. The guidelines suggest that the amount of child support is based on a fixed percentage of the obligor’s net resources. This percentage is applied to the obligor’s first $8,550 of net resources each month.
1 Child – 20% of obligor’s net resources
2 Children – 25% of obligor’s net resources
3 Children – 30 % of obligor’s net resources
4 Children – 35% of obligor’s net resources
5 Children – 40% of obligor’s net resources
Over 5 Children – Not less than the amount for 5 children
How does the court determine net resources?
First, the court must first calculate all resources the obligor has. This includes:
Next, the court deducts the following items to determine net income:
Gross income less the above-referenced deductions, yields an obligor’s net resources.
Division of Community Property a 50/50 split?
How can I keep the costs of a divorce down?
You need to be realistic in the agreement expectations. Both parties need to feel that there was a fair split in the divorce agreement. A negotiation can be a difficult experience leaving you feeling that you got your way in some areas, and in other areas you had to give a little. You must prepare yourself for these feelings and realize that it is perfectly natural in the negotiation process and there may not be any anger behind it from the spouse. The further that things get one sided, the more likely that communication and agreement can break down.
Call us today at for a free initial divorce consultation to see if we can meet your divorce attorney needs.
Galmor Stovall, PLLC
d/b/a Galmor, Stovall & Gilthorpe
485 Milam Street
Beaumont, Texas 77701
Phone / (409) 832-7757
Fax / (888) 667-5982