An Experienced Plano Divorce Attorney Who Is On Your Side
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 a Plano divorce 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
I am divorce lawyer Kyle Short, and 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 of the past.
Planning For Divorce Is An Important Step
If you are thinking about divorce, you should make plans before telling your spouse that you want a divorce. It is better to be the one who initiates the process.
Consider these steps as you think about filing for divorce:
- Make sure you have the emotional support you need.
- Get a clear picture of your financial situation today and what it will look like after the divorce. Start gathering financial documents if possible.
- Are you working now? If not, you may need to plan for getting a job.
- If you have a premarital or marital agreement, locate it and review it so you know what to expect.
- Think about custody arrangements and where you and the children will live. You may want to consider moving.
- Contact a divorce lawyer to learn about your rights and to start the process.
These are the primary steps to planning for a divorce. Speak with a Plano divorce attorney to learn about the specific steps to take in your case.
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? As an experienced divorce lawyer, I am here to provide case-specific answers, learn all that your situation involves and to help you through your difficult time.
How do you start divorce proceedings in Texas?
The process of getting a divorce starts with a petition to the court. Even if a couple has already physically separated, Texas law does not allow for a status of legal separation. So the first step in getting a divorce is making a filing with the court, with service of process on the other party.
Of course, before taking that step, you will want to consider what kind of divorce you seek. The scope of the issues to be resolved sometimes makes a simple uncontested divorce unrealistic. It may still be possible, however, to make the process of a contested divorce go more smoothly through alternative dispute resolution methods, such as mediation or collaborative divorce. A divorce attorney can help you decide what will work best in your situation.
You also have the option to pursue a fault-based divorce. For the court to grant his request, you’ll need to provide evidence of at least one of several circumstances that include cruelty, adultery, abandonment, separation, a spouse’s confinement in a mental health facility or a spouse’s felony criminal conviction.
An experienced Texas divorce attorney can help you decide the most effective basis for filing your divorce petition.
What is the difference between temporary vs. permanent orders?
Once the divorce petition is filed, the court will typically enter a temporary order. The goal of this order is to establish basic ground rules against conduct such as hiding assets, harassment or moving children to a different location without mutual agreement. Once the divorce becomes final, the court will issue a permanent order setting forth the parties’ rights and responsibilities regarding issues such as spousal support and child custody.
It is possible to modify a permanent order, but only upon changed circumstances. An example would be reducing the amount of a child support obligation when the party paying it has a significant change in income. You can try to do this yourself or a divorce lawyer can help you through the process.
Is it good to update your estate plan after divorce?
An estate plan should be updated after any significant life event, including divorce. If your former spouse was named in any key documents, then you may need to change them. For example, your former spouse could have been your health care proxy. This is the individual tasked with making medical decisions on your behalf. Post-divorce, this arrangement may not be suitable, and you’ll need to name someone else.
Additionally, you may also no longer want your spouse to receive certain assets should you pass away. By updating your estate plan post-divorce, you ensure that your estate planning documents remain current and include only those whom you love the most.
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 Plano office at 972-813-9959.