Wilson Whitaker Rynell

Experienced Lawyers

info@wwrlegal.com

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

OVERVIEW OF THE DIVORCE

PROCESS IN TEXAS

The divorce process begins with the filing of a petition for divorce and if the divorcing parties cannot agree on all issues, those remaining issues are presented to a judge for a final determination.

THE TEXAS DIVORCE PROCESS

Overview of Texas Divorce Process

Aggressive Dallas Divorce Attorney



Our Dallas divorce attorneys have represented clients in hundreds of cases, from simple undisputed divorces to the most complex and difficult matter. A successful family law case often begins with a strong assertive offense and/or defense, and you need a lawyer capable of being assertive when and as necessary. Our Dallas divorce lawyers will not allow you to be taken advantage of but will strive to protect your rights, to fight for your interests, and to give you the strong and aggressive representation your case demands.



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Additional Texas Divorce Focus 

What Is Spousal Maintenance In Texas?


Spousal maintenance is a statutory remedy created by the Texas legislature that allows for a court to award payments to a spouse after divorce for a brief period of time under very limited circumstances. The legal remedy of spousal maintenance is codified in Chapter 8 of the Texas Family Code.  A court that determines that a spouse is eligible to receive maintenance shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors, including:

 

  • each spouse's ability to provide for that spouse's minimum reasonable needs independently, considering that spouse's financial resources on dissolution of the marriage;

 

  • the education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training;

 

  • the duration of the marriage;

 

  • the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;

 

  • the effect on each spouse's ability to provide for that spouse's minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;

 

  • acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;

 

  • the contribution by one spouse to the education, training, or increased earning power of the other spouse;

 

  • the property brought to the marriage by either spouse;

 

  • the contribution of a spouse as homemaker;

 

  • marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and

 

  • any history or pattern of family violence, as defined by Section 71.004.

 

Spousal maintenance payments ordered under Chapter 8 of the Texas Family Code are enforceable by contempt and may be subject to a wage withholding order issued to the paying spouse’s employer.


What Is Contractual Alimony In Texas? 


Contractual alimony is a voluntary payment of spousal maintenance from one spousal to another spouse. A person going through divorce may agree to make regular payments to the other spouse as contractual alimony as part of the property settlement. There may be variety of reasons entering into such a voluntary spousal agreement, but it is most often used to equalize the division of marital property while providing one spouse with a steady income stream.


For more information on how to file a divorce in Texas visit the following link: Filing a Texas Divorce

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A man and a woman are sitting on a couch with their arms crossed.
By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
A woman is sitting at a desk using a laptop computer.
By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
A little girl is sitting on a rope swing.
By Chelsea Lankford 18 Apr, 2024
Parental Alienation | Texas Child Custody Attorneys
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