Fill out my online form.
OBERHEIDEN LAW GROUP, PLLC
5710 LBJ Fwy, Suite 130 • Dallas, Texas 75240 • 1-800-810-0259
Divorces
Generally speaking, there are two types of divorces: divorces involving children and divorces without children. While divorces involving children tend to focus more on possession time with children and other custody-related issues, divorces that do not involve children are typically about the distribution of assets and wealth items among the former spouses.
Divorces Involving Children
Divorces involving child custody disputes tend to be among the most contentious litigations. The reason is simple. When both parents love their children and both parents want to secure their time with them, emotions can quickly take over.
Disagreements over children come up in multiple ways. Typically, parents argue over two things: the amount of possession time for each parent and the amount of child support. While the answer depends on the specific facts in each case, Texas courts use one uniform test to find the best outcome for each family. The magic formula is: what is in the child’s best interest.
The child's best interest is the court's main consideration in determining questions of managing conservatorship of, possession of, and access to a child.
Generally, courts consider nine factors before making decisions on child custody in Texas:
Disagreements over children come up in multiple ways. Typically, parents argue over two things: the amount of possession time for each parent and the amount of child support. While the answer depends on the specific facts in each case, Texas courts use one uniform test to find the best outcome for each family. The magic formula is: what is in the child’s best interest.
The child's best interest is the court's main consideration in determining questions of managing conservatorship of, possession of, and access to a child.
Generally, courts consider nine factors before making decisions on child custody in Texas:
The child's desires.
The child's emotional and physical needs at the time and in the future.
The emotional and physical danger to the child at the time and in the future.
The parental abilities of the individuals seeking custody.
The programs available to assist these individuals to promote the child's best interest.
The plans for the child by these individuals or by the agency seeking custody.
The stability of the home or proposed placement.
The parent's acts or omissions that may indicate that the existing parent-child relationship is not a proper one.
Any excuses for the parents' acts or omissions.
Obviously, these nine factors vary from case to case. For example, the child’s desires are a non-issue if the child is too young to express reliable opinions. Similarly, the ability of a parent to take care of a child varies from case to case: the parent may be working full time, sick, disabled, jobless, wealthy, on social welfare, traveling for work, or be incarcerated — to name only a few possible scenarios.
Divorces Without Children
One would think that divorces that do not include children — be it because the married couple does not have children, be it that the children are of such an age that they have moved out of the house and are on their own at the time of divorce — are easy and uncontroversial.
Reality oftentimes proves quite the opposite. Even though the emotional component of splitting up possession time for the children does not exist, divorcing couples find other objects to fight over. For example, if a couple built a house together, it is only natural that both sides want to stay in that house. Similarly, if the couple was able to accumulate wealth during marriage — be it in form of investments, trust documents, or a simple saving account — the desire to claim entitlement to these assets is to be expected.
Reality oftentimes proves quite the opposite. Even though the emotional component of splitting up possession time for the children does not exist, divorcing couples find other objects to fight over. For example, if a couple built a house together, it is only natural that both sides want to stay in that house. Similarly, if the couple was able to accumulate wealth during marriage — be it in form of investments, trust documents, or a simple saving account — the desire to claim entitlement to these assets is to be expected.