Frequently Asked Questions About Family Law In San Marcos, TX
What are the grounds for divorce in San Marcos, TX?
Historically, individuals needed legal grounds based on fault in order to obtain a divorce in Texas. That meant that people could not get a divorce based solely on the desire to end the marriage. One party had to be at fault for the marriage failing, and that fault had to fit into a specific category determined by the lawmakers.
Today, this is no longer true. There is a no-fault divorce option in Texas, meaning you CAN get divorced if you choose that you want to without having to fall into a specific category of circumstances. “Insupportability” is now included as a ground for divorce in the Texas Family Code, being the option that does not require any proof of fault or specific reason for needing a divorce.
Learn more about the legal grounds for divorce in Texas.
What does community property mean in a San Marcos divorce?
Community property is any property that has been acquired during the marriage. This property includes items such as a house, a car, a small business, etc.
Where do I file for divorce in San Marcos, Texas?
In San Marcos, once you have completed your petition for dissolution of marriage you must file it with the District Clerk’s office. The District Clerk for Hays County can be found at the Hays County Government Center. The address of the Hays County Government Center is:
How long do I have to live in Texas before I can file for divorce?
You must reside in Texas for 6 months before you can file for divorce. After 6 months you are considered a resident of Texas.
Do I need a lawyer to get divorced in San Marcos or can I file on my own?
Yes, you can file for a divorce on your own. It’s best advised to seek a family lawyer who can help you understand the terminology used in courts and to meet deadlines on time. There are many forms and responses the court requires during the process of divorce and if they are not filed within the deadline it can lead to a dismissal of your case.
Trying to file for divorce on your own can quickly become complicated and messy if you don’t know what you are doing. Since every case is unique, we recommend consulting with a family lawyer prior to moving forward to get an idea of how involved your case may be. Speak to a lawyer now or schedule a FREE consultation.
What factors does the court consider for custody agreements?
The court always takes the child’s best interest into consideration when making the final decision regarding parental responsibilities. These are a few of the factors considered:
- Child’s living arrangement
- Reports of child abuse or neglect,
- The well-being of the child while with the parent,
- Any physical or mental health issues that would prevent the parent from taking care of the child.
Are conservatorship and custody the same thing?
In Texas, the term “conservatorship” is used rather than “custody”. There are sole managing conservatorship and joint managing conservatorships which basically means one is a custodial parent and the other is a non-custodial parent. These types of conservatorship can either be agreed upon by both parties or be put in place by a court order. Learn more about conservatorships in Austin.
How much does a San Marcos family lawyer cost?
Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.
Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.
How do you change a divorce agreement?
A divorce agreement can be changed by filing a modification of the agreement, this is considered a Post Decree Modification. A Post Decree Modification can be filed when there are substantial changes in a party’s circumstances. This can include parenting time, visitation, child, and spousal support. Speak to one of our Texas family lawyers today about your post-decree modification.
How is child support calculated in Texas?
In 1989, Texas Legislators introduced statutory “guideline child support”. This set the percentage of net resources an obligor has to pay based upon the total number of children that the obligor has an obligation to legally support, and the number of children involved in the current case. That percentage is then applied to the individual’s net resources. The same guidelines for child support are still in effect today.
The calculation of child support in Texas is a 5-Step Process:
1. Identify all sources of income of the individual ordered to pay child support.
2. Deduct all qualified items to determine net resources.
3. Determine the proper percentage for guideline support.
4. Evaluate additional factors that may allow for a deviation from guidelines.
5. Determine whether an automatic reduction in child support is applicable.
Can I go to jail for not paying child support in Texas?
Texas law does not take failure to pay child support lightly. Going to jail is a very real possibility for parents that fail or refuse to make their support payments. Not following a court order to pay child support can lead to a contempt of court judgment carrying a penalty of up to 6 months in jail. Texas Penal Code Sec. 25.05 outlines criminal nonsupport which is a state felony offense that can lead to a sentence of 6 months to 2 years in jail.
This statute states “An individual commits an offense if the individual intentionally or knowingly fails to provide support for the individual’s child younger than 18 years of age, or for the individual’s child who is the subject of a court order requiring the individual to support the child.“
The Texas Attorney General even has a webpage dedicated to listing parents who are delinquent on their child support payments. The page includes the names, number of children, and amount owed by child support evaders.
How much alimony can I expect to receive or pay in my Texas divorce?
In Texas, alimony is referred to as spousal maintenance. The maximum spousal maintenance payment currently allowed in Texas is $5,000 per month or 20 percent of the paying spouse’s average monthly gross income, whichever is less.
Try our Texas spousal maintenance calculator to get an idea of what your payments may look like.
How long do you have to be married to receive alimony in Texas?
Typical qualifications for alimony in Texas are that the marriage must have lasted at least ten years, and the person requesting support, known as the obligee, is unable to earn enough to meet basic needs. Some other less common requirements include a family violence conviction within the last two years of being responsible for caring for a disabled child who requires constant care.
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