Mastering Texas Family Law: Your Essential Guide

Table of Contents

1. Introduction
2. About Damon Moore
3. Topics Covered in this Webinar
4. Divorce in Texas
   • 4.1. No-Fault Ground for Divorce
   • 4.2. Fault-Based Grounds for Divorce
5. Conservatorship in Texas
   • 5.1. Legal and Physical Aspects of Conservatorship
   • 5.2. Types of Conservators
   • 5.3. Rights and Duties of Conservators
6. Child Support in Texas
   • 6.1. Determining Child Support
   • 6.2. Factors Considered in Child Support Determination
   • 6.3. Departure from Child Support Guidelines
7. Property Division in Texas
   • 7.1. Community Property vs Separate Property
   • 7.2. Presumptions in Property Division
   • 7.3. Dealing with Debts in Divorce
   • 7.4. Transferring Titles to Property
8. Pensions and Retirement Plans
9. Pricing and Services Offered
   • 9.1. Do-It-Yourself Service
   • 9.2. Mediation Service
   • 9.3. Limited Scope Representation
   • 9.4. Pricing for Different Cases
10. Free Gift and Conclusion
    • 10.1. Free Ebook: The Breakup Tips Checklist
    • 10.2. Contact Information

Introduction

Welcome to this webinar on Texas family law, where we will delve into the various aspects of family law that you need to know. From divorce to child custody, property division to conservatorship, we will cover it all. I am Damon Moore, a family law attorney with years of experience helping clients navigate the complexities of family law matters in Texas. In this webinar, I will provide you with valuable information and insights that will guide you through this challenging period of your life.

About Damon Moore

Before we dive into the topics, allow me to introduce myself. I am Damon Moore, the owner of the law office of Damon Moore, located in Austin, Texas. With a strong team of dedicated professionals, we specialize in handling family law matters throughout the state. Since 2005, I have been representing clients in divorces, child custody disputes, termination of parental rights, and adoptions. My experience also includes serving as a mediator and chairman of the board for the Austin Dispute Resolution Center, a renowned not-for-profit alternative dispute resolution organization.

Topics Covered in this Webinar

In this webinar, we will cover four main topics that are crucial to understanding Texas family law. These topics are:

1. Divorce: We will explore the grounds for divorce in Texas, including both no-fault and fault-based grounds.
2. Conservatorship: This section will focus on the legal and physical aspects of conservatorship, rights and duties of conservators, and different types of conservators.
3. Child Support: You will learn about the process of determining child support and the factors considered by the court. We will also discuss potential departures from child support guidelines.
4. Property Division: Understanding community property and separate property is vital when it comes to dividing assets and debts in a divorce. We will delve into the intricacies of property division and reimbursement.

At the end of the webinar, I will also provide you with a free gift that includes a helpful ebook, "The Breakup Tips Checklist," designed to assist you in navigating this challenging period of your life.

Now, let's dive into each topic in detail.

Divorce in Texas

4.1. No-Fault Ground for Divorce

The most common ground for divorce in Texas is "insupportability," which is often referred to as a no-fault ground for divorce. According to the Texas Family Code, a divorce can be granted without regard to fault if the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. In simpler terms, it means that if one spouse no longer wishes to be married, it is sufficient grounds for a divorce. This no-fault ground is the easiest way to obtain a divorce in Texas, as no proof of fault is required.

Other fault-based grounds for divorce include cruelty, adultery, conviction of a felony, abandonment, and confinement in a mental hospital. These grounds require proof that the other spouse engaged in specific misconduct or situations as defined by the Texas Family Code.

Pros:

• Easiest and quickest way to obtain a divorce in Texas.
• No need to provide evidence of fault or wrongdoing.

Cons:

• Might not be suitable for cases where fault can impact property division.

4.2. Fault-Based Grounds for Divorce

While a no-fault divorce is the easiest option, some individuals may choose to pursue a fault-based divorce to potentially gain a larger share of property division. Fault-based grounds for divorce in Texas include cruelty, adultery, conviction of a felony, abandonment, and confinement in a mental hospital. To obtain a fault-based divorce, the spouse filing the petition must be able to prove the fault of the other spouse according to the specific grounds defined in the Texas Family Code.

Pros:

• May lead to a more favorable property division for the spouse filing for fault-based divorce.
• Can provide a sense of justice for the aggrieved party.

Cons:

• Requires providing evidence of fault, which can be challenging and time-consuming.
• May lead to a more contentious and emotionally charged divorce process.

Conservatorship in Texas

5.1. Legal and Physical Aspects of Conservatorship

In Texas, conservatorship refers to the legal and physical aspects of sharing children and managing their affairs after divorce. It is important to note that in Texas courts, conservatorship is the term used, not custody. Legal conservatorship involves making decisions about the child's schooling, healthcare, religious upbringing, and moral principles. Physical conservatorship determines where the child resides, visitation (referred to as possession and access), and the right to collect child support.

5.2. Types of Conservators

There are two types of conservators in Texas: managing conservators and possessory conservators. If both parents share the role of managing conservatorship, it is called Joint Managing Conservatorship. However, if one parent has primary responsibility for decision-making and the other parent has limited or possessory rights, it is referred to as Sole Managing Conservatorship with the other parent being a possessory conservator.

5.3. Rights and Duties of Conservators

Conservators in Texas have various rights and duties concerning the child's education, healthcare, financial welfare, and legal representation. These rights and duties include determining the child's residence, collecting child support, having access to the child, and making decisions about the child's upbringing. It is essential to understand that these rights and duties may not always be shared equally between the conservators, and the court will determine the specifics based on the best interests of the child.

Child Support in Texas

6.1. Determining Child Support

Child support is a crucial aspect of divorce involving children. In Texas, child support is determined based on the Texas Child Support Guidelines, which consider the gross income of the parents and the number of children involved. The guidelines calculate child support by subtracting certain deductions from the gross income and multiplying the resulting amount by a percentage based on the number of children.

6.2. Factors Considered in Child Support Determination

While the Texas Child Support Guidelines provide a formula for calculating child support, the court may depart from these guidelines under certain circumstances. The court will consider factors such as the age and needs of the child, the parents' ability to contribute to support, financial resources available for the child, possession and access arrangements, other existing child support obligations, and any additional expenses or considerations related to the child's well-being.

6.3. Departure from Child Support Guidelines

In cases where the parties believe that the guidelines do not accurately reflect the child's best interests or financial situation, they can request a departure from the guidelines. However, the burden of proof lies with the party seeking the departure, and they must provide substantial evidence to support their request.

Pros:

• Provides financial support to ensure the well-being of the child.
• Guidelines offer clarity and consistency in determining child support obligations.

Cons:

• Departure from guidelines may require additional evidence and arguments in court.
• Calculation of child support may not account for unique circumstances or individual considerations.

Property Division in Texas

7.1. Community Property vs. Separate Property

In Texas, assets and debts acquired during the marriage are generally considered community property and subject to equal division between the spouses upon divorce. On the other hand, separate property includes assets owned by each spouse before marriage, acquired by gift, inheritance, or personal injury recovery, and property specifically defined as separate in a prenuptial or postnuptial agreement.

7.2. Presumptions in Property Division

In property division cases, the court presumes that any property possessed by either spouse during the marriage is community property unless proven otherwise. Proving separate property requires clear and convincing evidence to establish its separate nature. Additionally, the concept of inception of title determines the character of the property at the time of acquisition.

7.3. Dealing with Debts in Divorce

Along with dividing assets, divorcing couples must also address the division of debts accumulated during the marriage. These debts, known as community debts, are subject to allocation between the spouses. It is crucial to be aware of this aspect and consider the potential responsibility for shared debts during property division.

7.4. Transferring Titles to Property

During the divorce process, transferring titles to properties such as real estate, vehicles, bank accounts, tax refunds, and insurance policies may be necessary. These transfers require legal documentation and compliance with applicable laws and regulations. Seeking professional assistance, such as engaging an attorney or legal expert, can ensure the proper transfer and protection of assets during the divorce process.

Pros:

• Equal division of community property ensures fairness and equal financial standing post-divorce.
• Clear guidelines exist for determining the character of assets as separate or community property.

Cons:

• Valuation and division of complex assets or businesses can be challenging.
• Disputes may arise regarding the classification of certain assets or debts.

Pensions and Retirement Plans

In divorce cases involving pensions and retirement plans, it is essential to understand the ramifications and potential division of such assets. Valuing and dividing these accounts often require the expertise of an actuary or financial professional. The court considers factors such as the duration of the marriage, contributions made during the marriage, and the potential reimbursement owed to the community estate.

9. Pricing and Services Offered

At my law firm, we provide various services tailored to meet the needs of different clients. These services include:

9.1. Do-It-Yourself Service

For those who wish to represent themselves but require assistance, we offer a do-it-yourself service. This service provides access to basic forms, papers, and instructional videos to guide you through the divorce process. Additionally, if a specific form or lesson is not available, we will create it for you free of charge. The do-it-yourself service is available at $197 per month.

9.2. Mediation Service

Mediation is an excellent alternative for couples seeking to resolve their disputes amicably and cost-effectively. As a neutral third party, I offer mediation services to help couples reach mutually acceptable agreements on divorce-related matters. Rates for half-day mediations start at $300 per side.

9.3. Limited Scope Representation

We also provide limited scope representation for clients who prefer a more customized approach. With limited scope representation, you can choose specific services from our menu of options, allowing you to tailor legal assistance based on your needs. Whether you need help with document preparation, guidance during hearings, or legal advice, our team is here to assist you.

9.4. Pricing for Different Cases

The pricing for our services varies depending on the complexity of your case. For uncontested divorces or amicable cases, our fees start at $3,000. However, contested cases or those involving businesses or professional practices may require a higher investment of $5,000 to $10,000. Complex cases involving substantial assets or unique circumstances may exceed $10,000.

Free Gift and Conclusion

As a token of our appreciation for attending this webinar, we would like to offer you a free gift. Our ebook, "The Breakup Tips Checklist," provides 50 valuable tips for navigating the challenges associated with ending a relationship. This book aims to support you in achieving a positive outcome in your case, whether you choose to represent yourself or hire an attorney. To receive your free copy, simply text "breakup tips" to 555888 or email us at Damon@DamonMoore.com.

Thank you for participating in this webinar, and I hope the information provided has been valuable to you. If you have any further questions or would like to discuss your specific situation, please don't hesitate to reach out to our office. We are here to support you through this chapter of your life.

Resources:

• Website: Damon Moore Law Office