An Experienced, Knowledgeable Attorney Guiding You Through Divorce
People seek divorce for any number of reasons, from abandonment to adultery and everything in between. No matter what those reasons are, divorce is difficult for those involved. It is important to have an experienced, compassionate divorce lawyer on your side. You need an attorney who not only clearly explains the legal issues and processes in Texas but also remains sensitive to the unique issues in your case.
Helping You Achieve Happiness
My name is Kyle Short. I believe that everyone deserves to be happy. In my years of experience as a Plano divorce law attorney, I have learned that, as important as it is for me to offer sound legal advice, it is just as important for me to help my clients regain perspective when they’ve been physically or emotionally harmed. At Short Law Firm, PC, after gaining an understanding of the history of your case, I’ll give you the reassurance you need. I’ll handle your divorce, and you can begin to let go.
Answers To Common Questions About Divorce And Family Law
I know you have many questions as you face divorce. Should you try the new collaborative divorce process? How will the property be divided − and what about the children? Below, I’ve provided answers to some of the questions I hear most often from clients.
How long does a divorce take?
If the parties quickly reach agreements on all the issues of their case, a divorce can be finalized on the 60th day (if it’s a regular business day) after the original petition for divorce (the first pleading) is filed with the court. However, an average divorce process usually takes six to nine months to finalize.
Can I get a legal separation in Texas?
No. There is no legal separation status in Texas. However, the goals of a legal separation can usually be accomplished by requesting temporary orders during the pendency of the case. These orders can include temporary determinations for custody, child support, visitation, spousal support, health care, uses of assets and the payment of debts.
How much is child support?
Child support is generally based on the paying party’s monthly net income, which is usually calculated by taking that party’s gross monthly income and subtracting allowable amounts of federal taxes, Social Security, Medicare insurance, union dues and health insurance, and then multiplying the net monthly income by 20% (for one child), 25% (for two children), 30% (for three children), 35% (for four children) or 40% (for five or more children). There is a presumptive maximum amount of child support that a party will pay, which is based on a presumptive maximum monthly net income of $8,550, even if the party makes more than $8,550 of net income per month.
Can we reach our own agreement on the amount of child support to be paid?
Yes. The court will normally approve reasonable agreements regarding child support that are in the best interests of the child or children.
Are all of our assets and debts subject to division by the court in a divorce?
All “community” assets and debts are generally subject to division in a divorce. This generally includes assets and debts acquired during the marriage. However, assets and debts that a party had before the marriage, assets a party received by gift or inheritance during the marriage, and money received by a party for a personal injury (except for money received for loss of income) are generally “separate” property that are not divisible between the parties by the court. There are exceptions to these general rules, and parties may have rights of reimbursement and rights related to economic contribution.
Can I get sole custody of my child?
Yes. However, the presumption in the Texas family code is that joint managing conservatorship (joint custody) is in the best interests of a child. Sole managing conservatorship (sole custody) has more to do with having certain exclusive rights and duties relating to your child. Possession of and access to the child by the nonprimary party can be the same under a joint conservatorship or sole conservatorship. Some of the important rights and duties related to a child include making decisions regarding a child’s primary residence location, health care, legal issues, education, services and earnings, and child support expenditures.
If we have equal access to and possession of the child, does one party still have to pay child support?
Maybe. The parties may agree that neither party will pay child support, but the court may find that one party still must pay child support. However, the courts will usually uphold agreements for neither party to pay child support if the court finds that it is in the child’s best interests and if the financial needs of the child will be adequately met by both parties. Even with equal access and possession, the courts will normally order the higher earning party to pay child support to the lower earning party.
Have additional questions? I am here to provide case-specific answers, learn all that your situation involves and to help you through your difficult time.
Get The Peace Of Mind You Deserve
When you are ready to file for divorce, I can help clarify the process, resolve your issues and give you peace of mind. Contact me today, either through my online form or by calling my office at 972-813-9959.