Understanding Texas Family Law: Divorce, Conservatorship, Child Support, and Property Division

Table of Contents

1. Introduction
2. About Damon Moore
3. Topics Covered in this Webinar
   1. Divorce
   2. Conservatorship
   3. Child Support
   4. Property Division
4. Grounds for Divorce in Texas
   1. No-Fault Grounds: Incompatibility or Insupportability
   2. Fault-Based Grounds
      1. Cruelty
      2. Adultery
      3. Conviction of Felony
      4. Abandonment
      5. Confinement in a Mental Hospital
5. Conservatorship in Texas
   1. Legal and Physical Aspects
   2. Rights and Responsibilities
   3. Types of Conservators
6. Child Support in Texas
   1. Determining Child Support
   2. Factors Considered by the Court
   3. Departure from Child Support Guidelines
7. Property Division in Texas
   1. Marital Estates: Community, Separate, and Mixed
   2. Determining Separate Property
   3. Presumptions and Burden of Proof
   4. Dealing with Debts
   5. Valuing Pensions and Retirement Plans
   6. Limited Scope Representation
8. Pricing and Services
   1. Do-It-Yourself Service
   2. Mediation Services
   3. Limited Scope Representation
   4. Pricing for Amicable and Contested Divorces
9. Free Gift: Ebook Checklist
10. Conclusion

Introduction

Welcome to this presentation on Texas family law. In this webinar, presented by Damon Moore, we will cover various topics related to family law in Texas. Damon Moore is a seasoned family law attorney with extensive experience in dealing with divorce, conservatorship, child support, and property division cases. Throughout this webinar, Damon aims to provide valuable insights and information to help individuals navigate the challenging process of family law matters. So, let's begin our journey into understanding Texas family law.

About Damon Moore

Damon Moore is the owner of the law office of Damon Moore, located in Austin, Texas. With a dedicated team, the firm specializes in handling family law matters throughout the state. Damon Moore has been practicing family law since 2005, representing hundreds of clients in various family law and domestic relations cases. He is also a mediator and has served as the chairman of the board of directors for the Austin Dispute Resolution Center, a prominent alternative dispute resolution organization. Damon Moore's expertise and experience make him a trusted authority in the field of family law.

Topics Covered in this Webinar

In this webinar, we will cover four main topics related to Texas family law: divorce, conservatorship, child support, and property division. These areas are crucial when dealing with family law matters and understanding the legalities involved. Throughout this webinar, Damon will provide valuable information and insights on each topic to help you navigate through the complexities of these areas. Additionally, at the end of the webinar, Damon will offer a free gift that will prove helpful during this challenging period of your life.

Divorce

Divorce is a significant aspect of family law, and it is essential to understand the various grounds for divorce in Texas. Texas recognizes both no-fault and fault-based grounds for divorce. The most common ground for divorce is incompatibility or insupportability, which refers to the marriage becoming insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship. This no-fault ground only requires one spouse to express the desire to end the marriage.

On the other hand, fault-based grounds for divorce in Texas include cruelty, adultery, conviction of a felony, abandonment, and confinement in a mental hospital. These fault-based grounds require proof of the misconduct or actions of the other spouse. Understanding the different grounds for divorce is crucial when determining the most suitable approach for your specific situation.

Conservatorship

Conservatorship entails the legal and physical aspects of sharing children and managing their affairs. In Texas, the term "conservatorship" is used instead of "custody." When dealing with conservatorship, it is vital to recognize the rights and responsibilities associated with managing conservators and possessory conservators.

Managing conservators, who may be joint or sole, share the responsibility of making decisions regarding schooling, healthcare, religious upbringing, and other aspects of the child's welfare. Possessory conservators generally have visitation rights and limited decision-making authority.

Determining conservatorship involves a consideration of factors such as the desires and needs of the child, the emotional and physical safety of the child, and the parenting abilities of the individuals seeking conservatorship. Understanding the different types of conservators and the associated rights and responsibilities is crucial when navigating conservatorship issues.

Child Support

Child support is an essential aspect of family law, ensuring that children's financial needs are met even after a divorce. In Texas, child support is calculated using the Texas Child Support Guidelines, which consider the gross income of the parents and the number of children involved.

Determining child support involves subtracting certain deductions from the gross income and multiplying the resulting figure by a number based on the number of children. While the guidelines provide a general framework, the court may depart from them under specific circumstances. Factors such as the child's age, needs, and the parents' ability to contribute to support are considered when determining child support.

Understanding the process of determining child support and the factors involved is crucial when advocating for the best interests of your child.

Property Division

Property division is a significant aspect of divorce proceedings in Texas. Understanding the different marital estates, such as community, separate, and mixed, is essential when dividing property. Community property consists of property acquired during the marriage, while separate property includes assets owned before the marriage or acquired through gift, devise, or descent.

The court aims to distribute community property in a manner that is just and right. Factors such as the inception of title, reimbursement, and dealing with debts are crucial considerations during property division. Valuing pensions and retirement plans is another aspect that requires specific attention in property division.

Navigating the complexities of property division requires a thorough understanding of Texas community property laws. Seeking professional guidance can ensure a fair and equitable division of assets.

Grounds for Divorce in Texas

Divorce is a legal process that terminates a marriage, and in Texas, an individual can claim various grounds for divorce. Understanding these grounds is crucial when initiating divorce proceedings. In Texas, there are both no-fault and fault-based grounds for divorce. Let's explore these grounds in more detail:

No-Fault Grounds: Incompatibility or Insupportability

The most common ground for divorce in Texas is incompatibility or insupportability. Under this no-fault ground, the court can grant a divorce without considering the fault of either party. If one spouse expresses the desire to end the marriage and believes that there is discord or conflict of personalities that destroys the legitimate ends of the marital relationship, a divorce can be granted. This ground is commonly known as "irreconcilable differences."

The no-fault ground of insupportability provides a straightforward and relatively easier way to obtain a divorce. It only requires proving that the marriage has become insupportable due to the breakdown of the relationship, without the need to assign blame to either spouse. This ground allows for a more amicable and efficient divorce process.

Fault-Based Grounds

Apart from the no-fault ground of insupportability, Texas recognizes several fault-based grounds for divorce. These grounds require proving some fault or misconduct of the other spouse. It is essential to understand these fault-based grounds to determine the most suitable approach for your specific situation:

1. Cruelty: The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse. Cruelty can be physical or emotional abuse that makes it insupportable for the marriage to continue.

2. Adultery: Adultery refers to the act of one spouse engaging in a sexual relationship with someone other than their spouse. The court may grant a divorce in favor of one spouse if the other spouse has committed adultery during the marriage.

3. Conviction of a Felony: The court may grant a divorce in favor of one spouse if the other spouse has been convicted of a felony and has been imprisoned for at least a year. This ground applies to convictions by the Texas Department of Criminal Justice, federal penitentiaries, or penitentiaries of another state.

4. Abandonment: The court may grant a divorce in favor of one spouse if the other spouse left the complaining spouse with the intention of abandoning the marriage and remained away for at least one year. Abandonment occurs when one spouse voluntarily separates without justified cause.

5. Confinement in a Mental Hospital: The court may grant a divorce in favor of one spouse if, at the time the suit was filed, the other spouse has been confined in a state or private mental hospital in Texas or another state for at least three years. This ground applies when the mental disorder is of such a degree and nature that adjustment or relapse is unlikely.

Understanding the fault-based grounds for divorce in Texas is important as they may have implications on property division and other aspects of the divorce process. It is advisable to consult with a knowledgeable attorney to determine the best course of action based on the specific circumstances of your case.

Conservatorship in Texas

Conservatorship is a critical aspect of family law that addresses the legal and physical elements of sharing children and managing their affairs. In Texas, the term "conservatorship" is used to describe the roles and responsibilities of parents. It is important to understand conservatorship terms and the rights and responsibilities associated with them.

Legal and Physical Aspects

Conservatorship encompasses both legal and physical aspects of child-rearing. Legal aspects refer to making decisions regarding the child's education, medical care, religious upbringing, moral principles, socialization, financial welfare, and legal representation. Physical aspects refer to determining the child's primary residence, visitation rights, and access to the child.

Understanding the legal and physical aspects of conservatorship ensures that decisions regarding the child's well-being are made in the child's best interests. It is crucial to recognize the importance of both aspects in creating a healthy and nurturing environment for the child.

Rights and Responsibilities

Determining conservatorship involves assigning rights and responsibilities to the parents. There are different types of conservators, each with distinct rights and responsibilities:

1. Joint Managing Conservators: When both parents share the decision-making responsibility regarding the child's welfare, they are called joint managing conservators. This arrangement requires cooperation and communication between the parents to ensure the child's best interests are prioritized.

2. Sole Managing Conservator: In some cases, one parent may be assigned the role of sole managing conservator, granting them the primary decision-making authority. The other parent becomes a possessory conservator, with limited rights and decision-making authority.

Understanding the different types of conservators ensures that the child's rights and welfare are protected. The court considers factors such as the desires of the child, physical and emotional needs, and parenting abilities when determining the appropriate conservatorship arrangement.

Child Support in Texas

Child support is a crucial aspect of family law, aimed at ensuring the financial well-being and support of children. When parents separate or divorce, child support ensures that both parents continue to contribute to the child's financial needs. In Texas, child support is determined based on specific guidelines and considerations.

Determining Child Support

In Texas, child support is calculated using the Texas Child Support Guidelines. The guidelines require considering the gross income of the parents and the number of children involved. The process involves several steps:

1. Determining Gross Income: Gross income includes wages, commissions, self-employment income, rental income, and other sources of income. Specific deductions such as income tax, Social Security, health insurance, and union dues are subtracted from the gross income.

2. Calculating Net Resources: After deducting applicable deductions, the resulting figure is the net income received. This net income is used as the basis for calculating child support.

3. Applying Percentage Guidelines: The guidelines provide a percentage based on the number of children involved. The net income is multiplied by this percentage to determine the monthly child support amount.

While the guidelines provide a general framework for determining child support, there may be circumstances where the court departs from these guidelines. This departure requires presenting evidence and reasons to support the request for a different child support amount.

Factors Considered by the Court

When determining child support, the court takes into account several factors to ensure the child's best interests are met. These factors include:

1. Age and Needs of the Child: The child's age and specific needs play a critical role in determining the appropriate amount of child support. Older children may require additional financial support for education, extracurricular activities, and healthcare.

2. Parental Ability to Contribute: The court considers the financial capacity and ability of each parent to contribute to the child's support. This includes evaluating the income, assets, and financial resources available to each parent.

3. Time or Possession and Access: The amount of time and access each parent has with the child may also influence child support. More substantial possession and access may require increased financial contributions from the noncustodial parent.

4. Obligee Net Resources: Obligee net resources refer to the net income of the parent receiving child support. A parent's financial stability is considered to ensure a fair and equitable distribution of financial responsibility.

5. Managing Conservator's Actual or Physical Custody of Another Child: If a parent has the actual or physical custody of another child from a different relationship, the court may consider this factor in determining child support.

6. Expenses for Education, Healthcare, and Other Matters: Extraordinary expenses associated with education, healthcare, or other necessary expenditures may be considered when determining child support. These expenses should be reasonable and in the child's best interests.

7. Benefits Furnished: Benefits provided by an employer or other individuals, such as health insurance coverage or housing allowances, may be taken into account when calculating child support.

The court carefully evaluates these factors to ensure a fair and equitable child support arrangement. It is important to consult with an experienced family law attorney to present a strong case and advocate for the child's best interests.

Departure from Child Support Guidelines

While the Texas Child Support Guidelines provide a general framework for calculating child support, there may be circumstances where the court departs from these guidelines. Departure from the guidelines requires presenting evidence and reasons to support the request for a different child support amount.

Factors that may warrant departure from the guidelines include:

1. The age and needs of the child
2. The ability of the parents to contribute to support
3. The financial resources available for the child's support
4. The amount of possession and access the parent has with the child
5. The obligee net resources
6. The managing conservator's actual or physical custody of another child
7. The extraordinary expenses associated with education, healthcare, or other necessary matters
8. Benefits furnished by an employer or other individuals

The court carefully evaluates these factors to determine if a departure from the guidelines is appropriate. Consulting with a knowledgeable attorney can help in presenting a strong case for a departure and ensuring a fair child support arrangement.

Property Division in Texas

During a divorce, property division plays a significant role in determining how assets and debts will be distributed between the spouses. Understanding the principles and guidelines for property division is crucial to ensure a fair and equitable division.

Marital Estates: Community, Separate, and Mixed

Texas follows the concept of marital estates, which categorize property as community, separate, or mixed. These categories determine how property will be divided during a divorce:

1. Community Property: Community property consists of assets acquired during the marriage. It includes income, real estate, vehicles, bank accounts, and other assets acquired jointly by the spouses.

2. Separate Property: Separate property refers to assets owned by a spouse before the marriage or acquired during the marriage through gift, devise, or descent. It may include inheritances, personal injury settlements, or property owned before the marriage.

3. Mixed Property: Mixed property refers to assets that have both community and separate aspects. For example, if a spouse uses their separate property funds to enhance the value of community property, it may be considered mixed property.

Understanding the distinction between community property and separate property is crucial when determining how assets will be divided. Each category has different rules and considerations, which may affect the final property division settlement.

Determining Separate Property

Determining separate property is an important aspect of property division in Texas. To establish an asset as separate property, the spouse claiming it must provide evidence that it meets specific criteria:

1. Property Owned before the Marriage: Assets owned by a spouse before the marriage are generally considered separate property. Documentation, such as deeds, titles, or financial records, can help establish ownership and the date of acquisition.

2. Gifts, Devises, or Descent: Assets acquired through gift, devise (will), or descent (inheritance) during the marriage are typically considered separate property. Documentation, such as gift letters, wills, or probate records, can help establish the source of the asset.

3. Recovery for Personal Injuries: Compensation received for personal injuries sustained during the marriage, except for loss of earning capacity, is usually considered separate property. Medical records, legal documentation, or settlement agreements can help establish the nature of the compensation.

Understanding the criteria for determining separate property is crucial when advocating for a fair division of assets. Consultation with an experienced attorney can provide guidance and ensure that your rights regarding separate property are protected.

Presumptions and Burden of Proof

Texas law includes certain presumptions and guidelines when determining the characterization of property in a divorce. These presumptions help establish the burden of proof and protect the rights of each spouse:

1. Presumption of Community Property: Property possessed by either spouse during marriage or at the time of divorce is presumed to be community property. This presumption requires clear and convincing evidence to establish an asset as separate property.

2. Inception of Title: The concept of inception of title determines the characterization of property when it is acquired. If separate property is purchased during the marriage with funds traceable to the spouse's separate estate, it may be deemed separate property.

Proving the characterization of property requires meeting the burden of proof. When claiming an asset as separate property, the burden of proof lies with the spouse asserting the claim.

Dealing with Debts

In addition to dividing assets, addressing debts is an important aspect of property division in a divorce. Debts accumulated during the marriage are considered community debts and require distribution among the spouses. Understanding how debts will be distributed and managed is crucial to avoid future disputes or financial obligations.

When debts are divided, each spouse may be responsible for repaying a portion of the debt based on various factors. Taking into account the financial capacity and circumstances of each spouse, the court aims to divide the debt in a fair and equitable manner.

Valuing Pensions and Retirement Plans

Pensions and retirement plans are valuable assets that require careful consideration during property division. If a spouse has earned retirement benefits during the marriage, they are typically considered community property. Valuing these benefits and determining the community interest requires specialized knowledge and expertise.

To properly value pensions and retirement plans, an actuary's professional evaluation is often necessary. An actuary assesses the length of the employee spouse's participation in the plan and divides it by the total years of employment during the marriage. This calculation determines the community interest in the retirement plan.

It is important to consult with an experienced family law attorney to ensure the fair division and valuation of pensions and retirement plans. With the proper guidance, you can navigate the complexities of property division and protect your financial interests.

Limited Scope Representation

In certain cases, individuals may choose limited scope representation, which involves hiring an attorney for specific services rather than full representation. Limited scope representation allows individuals to pick and choose the services they require, tailoring the attorney's involvement to their specific needs. This approach is often more cost-effective while still receiving valuable legal advice.

Limited scope representation may involve providing forms, documents, or phone consultations for self-represented individuals. However, the attorney will not represent the individual in court, as they are representing themselves. This approach allows individuals to have more control over the legal process and reduce legal fees.

In cases where limited scope representation is not suitable, individuals may opt for other services offered by the law firm, such as mediation or full representation. Exploring different options and discussing them with an attorney ensures that you can make informed decisions regarding your representation during family law matters.

Pricing and Services

When seeking legal assistance for family law matters, understanding the pricing and services offered is essential. Damon Moore's law firm provides various services tailored to meet the needs of different individuals. Let's explore the pricing and services available:

Do-It-Yourself Service

For individuals who prefer to represent themselves but would still benefit from professional guidance, the law firm offers a do-it-yourself service. This service provides access to basic forms, papers, and videos that offer valuable information and assistance for self-represented individuals. Additionally, if a required form or lesson is not available, the law firm will create the form at no additional charge.

The current pricing for the do-it-yourself service is $197 per month. This service allows individuals to access the necessary resources and information to navigate family law matters without incurring extensive legal fees.

Mediation Services

Mediation is a method of resolving family law cases by using a neutral third party to facilitate negotiations between the parties. Damon Moore's law firm provides mediation services aimed at helping parties reach mutually satisfactory agreements. Mediation allows for a more collaborative and less adversarial approach to resolving disputes.

The law firm offers mediation services at a rate of $300 per side for a half-day mediation session. It is important to note that during mediation, the law firm acts as a neutral party and does not represent either party individually. The goal is to facilitate communication and guide the parties towards a mutually beneficial resolution.

Limited Scope Representation

For individuals who require specific services from an attorney without full representation, limited scope representation is available. Limited scope representation allows individuals to select and pay for specific services as needed, providing a more flexible and customized approach.

The law firm offers limited scope representation which includes providing forms, documents, and phone consultations for a fee. However, in limited scope representation, individuals represent themselves in court. This option allows individuals to receive professional assistance while having more control over the legal process.

Pricing for Amicable and Contested Divorces

The pricing for legal representation in divorce cases varies depending on the complexity of the case. Amicable or uncontested divorces, where both parties agree on all terms, can typically be handled at a lower cost. The law firm offers amicable divorce representation for $3,000. However, it is important to note that contested divorces or cases involving complex issues such as businesses or professional practices can cost significantly more, ranging from $5,000 to $10,000 or more.

It is important to consult with the law firm to discuss the specific details of your case and obtain an accurate estimate of the costs involved. Understanding the pricing and services offered allows individuals to make informed decisions regarding representation during family law matters.

Free Gift: Ebook Checklist

As a token of appreciation for attending this webinar, Damon Moore is offering a free gift in the form of an ebook. This short ebook provides a checklist with 50 tips to consider when going through a separation or divorce. It offers practical advice and actionable steps that can help individuals navigate through this challenging period.

To receive the ebook, simply text "breakup tips" as one word to 555888. Alternatively, you can send an email to Damon at damon@damonmoore.com to request the ebook. This resource will provide valuable insights and recommendations to support you during this time of transition.

Conclusion

We hope you have found this webinar informative and helpful in understanding Texas family law. Damon Moore, with his extensive experience and expertise, aims to provide valuable insights and guidance for individuals navigating divorce, conservatorship, child support, and property division cases.

Remember, you don't have to go through this challenging period alone. Damon Moore's firm offers various services tailored to meet your specific needs, from do-it-yourself resources to comprehensive legal representation. By seeking professional guidance and understanding your rights and options, you can navigate family law matters with confidence.

For further assistance or to schedule an appointment, feel free to reach out to Damon Moore's office. Whether you choose to represent yourself, opt for limited scope representation, or require full legal representation, Damon Moore and his team are ready to provide the support you need.