Family law encompasses a wide range of issues, including those related to dissolving a marriage, determining child support and child custody arrangements, and other highly sensitive scenarios. Family law issues are often very emotional and stressful due to the close personal relationships involved. When you schedule a consultation, one of our McKinney family law attorneys will explain more about what you need to know.

Premarital Agreements

Often referred to as ‘prenups’ or ‘prenuptial agreements,’ a premarital agreement has many purposes. These contracts outline what assets and debts are classified as separate property that each spouse acquired before marriage, and marital property, which is property acquired by the couple together during the marriage. Anyone who is planning a marriage can benefit from a premarital agreement. However, they are often used by individuals who have significant net worth, high potential earning power, or a child from a previous relationship.

While premarital agreements were once thought of as ‘romance killers,’ this is no longer the case. Couples today realize that drafting a prenup opens the door for an honest and open conversation about their finances, assets, and debts. Premarital agreements can also save couples the time and expense of litigating a divorce case.

Divorce

In Texas, you can obtain a no-fault or fault-based divorce if you want to end your marriage. To obtain a no-fault divorce, either spouse can file based on the grounds of insupportability, meaning the marital relationship has become intolerable due to conflict or discord. In these cases, the spouse filing does not have to prove their partner is responsible for the breakdown of the marriage. They must only state that the marriage has become intolerable. Although there have been discussions and legislative proposals in recent years to end no-fault divorce in Texas, it is still an option for couples today.

Spouses can also file for divorce using grounds of fault. In Texas, these include:

• Cruelty: Repeated or extreme behavior that creates an unbearable living environment for one spouse, such as physical or emotional abuse.
• Adultery: Grounds of adultery can be used if a spouse has had an extramarital affair.
• Abandonment: When a person leaves their spouse with the intent to abandon them and not return, the spouse who was left can file based on the grounds of abandonment.
• Felony conviction: If a person is convicted of a felony and imprisoned for a certain period of time, their spouse can file for divorce on the grounds of the felony conviction.
• Confinement in a mental facility: If one spouse has been admitted into a mental facility for a minimum of three years with little hope of recovery, this can be used as grounds to divorce.

Property Division

During a divorce, all marital property is divided in a manner that is ‘just and fair’ for both parties. As a community property state, the courts will try to divide marital property equally, although this is not always the case. When there is a valid premarital agreement in place, property may be divided according to the terms of the contract.

Child Custody

Child custody, known as conservatorship in Texas, is resolved using only the child’s best interests. There is a list of factors known as ‘Holley factors’ that help the courts determine what is in the child’s best interests. These factors include:

• The preference of the child, in certain situations
• The current and future physical and emotional needs of the child
• Any current or future possible danger to the child
• The ability of each parent to take care of the child
• Any potential programs available to help the parties protect the best interests of the child
• Any plans for the child made by the party seeking custody
• The stability of the current home environment of the party seeking custody
• Any act or omission of a parent that indicates a non-existent or weak relationship between the child and the person seeking custody
• Any reason for the acts or omissions of the parent

Depending on the facts of your case, you may have the right to sole or joint conservatorship, which refers to physical custody. You may also have the right to legal custody, which allows you to make important decisions for the child.

Child Support

All parents in Texas have a legal duty to financially provide for their children. When parents of a child separate, they both still have this obligation. Typically, the parent who does not have primary custody of the child pays child support to the parent who spends more time with the child. Child support is meant to cover the costs of raising a child, including housing, clothing, food, health care, and more. 

The amount of child support is determined by the number of children requiring support. The more children involved, the higher the percentage of a parent’s net monthly income they must pay. One of our McKinney family law attorneys can explain the formula used and estimate the amount you may be required to pay.

Spousal Support

Spousal support, commonly referred to as alimony, is financial assistance one spouse pays to the other. In certain situations, such as when one spouse is unable to support themselves, the courts may order one spouse to pay alimony. Judges will consider a number of factors such as the length of the marriage, the earning potential of each spouse, and the needs of each spouse.

Our Family Law Attorneys in McKinney Can Explain Your Legal Options

Many couples envision a bitter courtroom battle when getting a divorce. Fortunately, it does not have to be this way. At The Draper Law Firm, PC, our McKinney family law attorneys can advise you of your legal options and help you obtain a favorable outcome. We can negotiate with your spouse to reach an agreement outside of the courtroom or, if necessary to uphold your rights, we can take your case to trial and ensure you have the legal protection you need. Call us now at 469-373-8603 or fill out our online form to schedule a consultation with one of our experienced attorneys and to get the sound advice you need.