Texas divorce law question

2013-12-30T22:16:00+00:00

It sounds like mediation may be a good fit for you two. If both parties are able to be reasonable this is the best way to go about things. The court may not require any formulas be followed if the parties agree otherwise.

Your best bet is to talk to a family law lawyer in Texas (since every state's rules vary) and have him or her tell you what your liability could be so that you can ensure that you are not being overly generous or vice versa (which could lead to nasty litigation).

When my parents divorced they handled it all through mediation. It was cheaper and quicker. The one lesson learned that I can share with you is make sure you get everything in writing. My parents didn't do that (because it was so amicable) and later when my father remarried he dropped us like a hot potato and he refused to follow through on anything that had been agreed to and openly discussed my whole life. Since it wasn't in writing it was tough luck for me. Don't forget that things could go south later and plan accordingly for it so you and your child doesn't suffer.

The_Phasers · 2013-12-31T05:46:30+00:00

Hi! Disclaimer, I am not a lawyer.

However, I am in Texas and have 5+ years experience with the TX family courts. As such, here is my advice:

One: Get a lawyer who is familiar with your county's family court judges. This lawyer will know them and their tendencies and what they allow/don't allow.

Two: Standard child support in Texas for one child is 20% of net income (calculated at single / 1 dependent withholding). Plus health insurance costs for the child (if you are paying, you get to deduct this before the 20% Is calculated). Google "Texas child support calculator" - it is pretty accurate.

Three: Not sure when your daughter turns 12, but that is the age which the court will allow her a say in which parent she wants to live with as primary custodian.

Four: the courts will generally allow whatever agreement that you two come up with and both sign. Here is the problem, this agreement needs to be drawn up by an attorney, and usually those attorneys try to talk their client into going for everything they can (which incidentally racks up legal fees). My point is that until whatever agreement you have is signed and legal, your wife can renege and go after custody and child support and martial assets at any time.

Five: There is a 60 day waiting period after filing with the court before a divorce can be finalized, per Texas law. If it is amicable, this is more than enough time. If you two start fighting, well it can drag out years and you'll end up with temporary orders (decided at a hearing in front of a judge) until a final trial. These temporary orders establish a status quo which more than likely will be maintained at a final trial, barring some really big evidence or drastic change in circumstances in the meantime.

I have more but I am typing this all out on my phone. Please PM me if you have any specific questions and I will be happy to answer. Good luck!

Six:

rightsbot · 2013-12-30T20:56:17+00:00

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vax0r976 · 2013-12-30T21:19:49+00:00

My advice would be not to divorce, but obviously your wife has other plans . Don't Pay child support until you are court ordered to do so! Instead Take her to court immediately to get a geographic restriction on her (if she does move out with the child) and as much custody as possible pending the divorce . Don't fall into the backdoor alimony trap that is child support willingly . You could wind up paying much more than a 4th of your salary when you consider court ordered health insurance , etc. Divorce is ugly and family court is very adversarial , so my advice to you is to get a lawyer and attack your soon to be ex hard with legal action . You need to think of your ex wife as a mortal enemy, because after all, she has the most to gain going for a divorce and will likely go for as much as she can get out of you. You must be relentless in the upcoming legal war as the wife you use to know is going to become the greatest threat to your financial freedom and parenting rights to your child . Hide as much assets as you can and be prepared for the worst regarding your "shared" property. If you two still live together, DO NOT Allow her to move out with your child . You may even want to consider going ahead and filing a restraining order on her once she does move out ..

vax0r976 · 2013-12-30T21:56:30+00:00

[permanently deleted]

Title	Texas divorce law question
Author	[deleted]
Upvotes	2
Comments	33
Date	December 30, 2013 8:54 PM UTC (12 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/1u1iu6/texas_divorce_law_question/
Archive Link	https://theredarchive.com/r/MensRights/texas-divorce-law-question.1154858 https://theredarchive.com/post/1154858

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