Divorce Lawyer in
Harris County, TX

Dividing Assets During a
Harris County Divorce

The biggest issue in most divorces that occur in Harris County, is often the division of marital assets. Texas is a community property state that splits assets and debt equitably among spouses. Texas courts have the discretion to adjust the proportions in special circumstances. This is especially common in fault divorces when domestic abuse or other cruel behavior is involved.

The presumption of community property in harris county divorce

Texas divorce courts operate on the presumption that all your marital assets are community property. If you or your soon-to-be-ex wants to claim a specific asset, you need to provide the court with proof that the asset should be considered separate property. Typically, separate property refers to anything you or your partner acquired before you were married, received as a gift before/during marriage, or received through inheritance before/during marriage. You must be able to identify the asset and prove how you came to own it. Common items that people claim as separate property include:

• Real estate that one of you received from a friend or family member while you were married
• Inheritance
• Compensation from a personal injury lawsuit, expect compensation for lost earning capacity

It’s best to come to an agreement about the division of your assets without going to court, but if you cannot, the court will typically divide the following community property assets equitably.

Spousal Maintenance in Harris County Divorces

If you file for divorce in Harris County, it’s not automatic that you will have to pay or receive alimony or spousal support, or spousal maintenance. If you are requesting maintenance or your spouse wants you to pay alimony, the court needs the following evidence before they will determine an amount:

• The receiving spouse cannot support themselves because they are disabled.
• The receiving spouse cannot work because they have custody of a disabled child.
• You were married for at least 10 years, and the receiving spouse does not have the skills to earn a livable wage.

If one of these scenarios applies to your situation, the person requesting alimony must make an effort to support themselves, or the court will not award maintenance. After the person requesting alimony proves they are attempting to support themselves, the court will evaluate the following to award maintenance:

• Whether the spouse can afford to pay support
• The education and skills of each person
• Whether one partner helped pay for the other’s education
• Whether one partner contributed property or domestic help to the marriage
• How long the couple was married
• The age and ability of the receiving spouse to work
• The health of the receiving spouse
• Whether either party committed bad acts against their spouse

An experienced Harris County divorce attorney from the Skillern Firm Divorce & Child Custody Lawyers can review the facts of your divorce and advise you on what type of situation you face in terms of spousal maintenance.

Child Custody in Harris County Divorce Cases

Child custody is typically a big part of a divorce for those with children. Texas always prioritizes the best interests of children, which generally includes having both parents in a child’s life. Joint custody, technically called joint managing conservatorship in Texas, is the default for divorces.

If you cannot reach a custody agreement with your spouse and you need to fight for your rights to see your children or protect them from an abusive or unfit parent, our team can help you. When Harris County courts consider child custody, they evaluate the following factors for each parent:

• Home environment
• Ability to care for child/children
• Ability to co-parent with your ex
• Financial situation
• Employment situation, especially work hours and work-related travel

Courts will consider a child’s preference after they reach age 12 very heavily along with best interest arguments. Joint managing conservatorship means you and your spouse make decisions concerning your child’s well-being together. Unfortunately, joint custody is not always an option, especially when one parent has abused or neglected a child.

Joint custody may or may not include child support, depending on the financial situation of each parent. Like other states, Texas courts rely on formulas to assign a percentage of support based on income. Whether you are fighting for custody, visitation, father’s rights, or feel your child support agreement is unfair, the divorce attorneys at Skillern Firm Divorce & Child Custody Lawyers can help you fight to get the best outcome possible for your circumstances.

Child support is a separate issue from custody. Texas law has minimum and maximum amounts based on income. Sometimes these amounts leave one parent without the funds necessary to provide for their children or put an unreasonable burden on the person paying the support. Whether you are fighting for custody during your divorce or dealing with child support issues, the divorce lawyers at Skillern Firm Divorce & Child Custody Lawyers have the knowledge and experience to help you fight for the best outcome for your case.