Divorce

Texas is a no-fault state, which means that anyone can seek a divorce without showing fault on the part of the other person.  For example, someone can get a divorce just because they want one, not because the other person committed adultery or another fault. 

 

Texas is also a communicate property state.  Any property, real or personal, that is acquired during the marriage is community property and subject to equitable distribution.  Each party is entitled to a portion (usually half) of the value. 

 

This is also true for disposition of debt.  Any debt acquired during the marriage is equally divisible between the parties.  A car acquired during the marriage in only one person’s name or only one person made payments, it still joint property. 

 

Community property and debt are equal to each party during a marriage. In some marriages, determining community property from individual property can be complicated. Phillips & Andreas attorneys know how to cleanly and clearly identify and value property and debt.

 

Child Custody

When it comes to determining custody of children from a marriage or relationship, the court will look at the “best interest of the child(ren)” by examining the following factors: 

  • Desires of the child;

  • Emotional and physical needs of the child now and in the future;

  • Emotional and physical danger to the child now and in the future;

  • Parental abilities of the individuals seeking custody;

  • Programs available to assist these individuals to promote the best interest of the child;

  • Plans for the child by these individuals or by the agency seeking custody;

  • Stability of the home or proposed placement;

  • Acts or omissions of the parent that may indicate that the existing parent-child relationship is not a proper one; 

  • Any excuse for the acts or omissions of the parent.*  

 

* Id. Holley v. Adams, 544 S.W.2d at 371–72.

 

Phillips & Andreas attorneys can guide you through some critical issues concerning custody of your child or children:

  • Who gets to determine the primary residence of the child and who gets visitation? 

  • What amount of child support will be required (this is based on percentage of income)?

  • What is the visitation schedule? 

  • Who will cover the child on insurance?

  • Where will the parties live?  Geographical restrictions?

  • Where will the parties meet to exchange the children?

  • How will holiday visitations work?

 

We take the time to review all aspects of your family law case to identify areas that merit argument and those that could be a waste of time and money. 

You can count on Phillips & Andreas PLLC to guide you efficiently and effectively through various areas of Family Law.    

FAMILY LAW

Consider the best interest of the children.

Today, many Family Law issues are standard and, unless good reason exists to show a deviation from the standard, resolution is fairly easy. Still there are a wide variety of areas covered by within Family Law. At Phillips & Andreas, Bobby and Dustin focus on divorce, custody, visitation, and child support.