Law Office of Susan R. Littleton

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Divorce Questions

• DIVIDING PROPERTY:
Property will be divided into two categories, "community and separate." Community property is the property acquired during the marriage. Separate property is the property each party owned before marriage or acquired by inheritance or via gift. Each spouse is entitled to one-half of the community property acquired during the marriage.

• DIVIDING DEBT:
All debt accumulated during the marriage is community debt and must be divided between you and your spouse.

• RETIREMENT:
If retirement benefits were acquired during your marriage they are community property.

• SPOUSAL SUPPORT:
If you cannot pay the mortgage or monthly bills during the divorce, a Judge can order your spouse to assist in the payment. This is called Temporary Spousal Support.

• FILING REQUIREMENTS:
You must file your divorce in the county where you have been living for the last 90 days, and you must have been a resident of Texas for a minimum of 6 months.

• VIOLENCE OR FRAUD:
If you suspect that your spouse may destroy or hide records or property, a protective order or injunction may be obtained from a Judge prohibiting such behavior.

• CUSTODY:
This involves the rights of each parent to make major decisions about the children, such as determining the child's residence, what school they will attend and what doctor they will see. In Texas there is a legal presumption that the parents should be named Joint Managing Conservators and that these rights and duties be shared between both parents.

• POSSESSION:
The Divorce Decree must contain a schedule in which the parents share possession of the children. Typically a Judge will order a "standard possession order" if you and your spouse are unable to agree on a schedule. The standard possession schedule allows for possession by the non-custodial parent as set out below:

- on the 1st, 3rd and 5th weekends of each month from
6:00 p.m. on Friday until 6:00 p.m. on Sunday
- one week night each week (usually Thursday) from
6:00 p.m. until 8:00 p.m.
- alternate Thanksgiving and Spring Break holidays
- 1 week at Christmas
- 6:00 p.m. to 8:00 p.m. on the child's birthday
- Mother's Day or Father's Day week-end and
- 30 days in the summer

• POSSESSION OF CHILDREN UNDER THREE:
Overnight possession or lengthy summer periods of possession for young children is often restricted by the Court. You and your spouse may agree that you each want alternating weeks of possession with the child.

• CHILD SUPPORT:
There are Child Support Guidelines which set out that the noncustodial parent is to pay a certain percentage of his/her net resources for child support. The Guidelines provide for the following percentages, depending on the number of children:

- one child = 20%
- two children = 25%
- three children = 30%
- four children= 35%
- five children = 40%

The income of the custodial parent may be considered in setting child support.
Child support is paid until the child is 18 years of age or finishes high school.

• MEDIATION: SETTLEMENT WITHOUT A TRIAL
Despite how far apart you and your spouse are about agreeing on a property division or possession of the children, many, many divorces are settled through a process called mediation. Mediation allows both you and your spouse to make all final decisions concerning your divorce as opposed to going to trial and allowing a Judge to make the decisions for you. After the Divorce Petition is filed and the parties exchange certain information through a process called "discovery" a Mediation can be scheduled. Both you and your spouse will attend the Mediation with your attorney. The Mediation is held at one of the attorney's offices and usually takes a minimum of 4 hours to complete. The mediation begins with both parties and the attorneys in one room. The mediator will begin the process by talking with each party about what he/she wants to get out of the divorce. The mediator begins the process by talking with each party about what he/she would like set out in the Divorce Decree. The mediator will then attempt to bring the parties to a mutual agreement through discussion and offers of compromise which are relayed back and forth through the mediator.

• COLLABORATIVE LAW PROCESS - Resolution without Court Appearance
The collaborative law process is a method of handling a divorce or other family law case without going to court. It is a process that allows the parties a means to work through their divorce or family law issue without having the expense and emotional discomfort of appearing in front of a Judge and/or Jury. The parties enter into a detailed agreement that they will resolve their dispute through cooperation and agreement and without court intervention. This process allows the parties to work through their conflict and have sole control over the outcome.

• MODIFICATION
A modification is a suit to modify a previously filed Divorce Decree or Court Order due to a material change in circumstances. The modification can change child support, possession and custody or other terms and conditions set out in the Decree or Order.

• SAPCR
A Suit Affecting the Parent Child Relationship (SAPCR) is a suit to establish child support, custody and possession and other material terms concerning the relationship between parents and children when the parties have not married.

Adoption Questions

• WHO MAY ADOPT AND BE ADOPTED:

1. An adult may adopt a child residing in Texas if the parent-child relationship of each parent has been terminated.

2. A stepparent may adopt.

3. If the child is at least two years old, and the parent-child relationship has been terminated with respect to one parent, the former stepparent who has had actual care, possession, and control of the child for six months preceding the adoption may adopt if the nonterminated parent consents to the adoption.

4. If the child is at least two years old, and the parent-child relationship has been terminated with respect to one parent, the former stepparent who has had actual care, possession, and control of the child for a period of one year preceding the adoption may adopt.

5. If an affidavit of relinquishment of parental rights is consented to by the Texas Department of Protective and Regulatory Services or a licensed child-placing agency and the Department or the Agency have been appointed managing conservator of the child, the child may be adopted.

• DO I HAVE TO BE MARRIED TO ADOPT:
Texas law provides for the widest possible range for adoptive placements and any single or married adult is eligible to adopt a child who is available for adoption.

• ADOPTIVE HOME SCREENING:
An pre-adoptive home screening and post-placement report must be conducted.

• SOCIAL STUDY:
The social study will include a complete investigation of the circumstances and condition of the home of a person adopting a child.

• CAN THE BIRTH MOTHER CHANGE HER MIND ABOUT THE ADOPTION:
The birth mother can attempt to challenge her affidavit of relinquishmanent but only if challenged less than six months after the adoption order was entered.

Family Law

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