Making The Right Choices For Your Family During Divorce

Divorce is a big decision for a couple and it comes with many legal hurdles. As you approach these hurdles, you will have choices to make. The best choice for you and your family depends on your unique circumstances.

At Tuck McClimon, PLLC, we set out to empower each client to make their own decisions when it comes to divorce. We take the time to educate you on the law and explain your options so that you can make informed choices along the way. With over a decade of experience, Board-Certified Family Law attorney Caroline McClimon is ready to guide you through the difficult process of divorce.

What Do You Need To Know?

You will need to understand the main issues that divorce deals with. These may include:

• Property division: All divorces must deal with the division of marital property. Texas is a community property state, which means that most property you acquire during your marriage is subject to division during divorce. We often assist clients with complex property, including high-asset estates.
• Child custody: For many parents, custody (called conservatorship in Texas law) can become the most contentious and emotional issue in the divorce process. We will help you fight to protect your relationship with your child and argue for a fair division of your conservatorship rights.
• Child support: If you have children, you will have to either agree on a child support plan or the court will create one based on statutory guidelines. Both parents must provide financially for their children, though many factors go into deciding which parent will make support payments to the other parent.
• Spousal support: Financial support for one spouse during or after a divorce is also known as spousal maintenance or alimony. Support is not automatically granted in every divorce. In fact, you must meet specific criteria set out in Texas law. We can help you understand if this applies in your case.
• Domestic violence: Though not common, this issue does arise during divorce. In some cases, tempers flare and violence leads to divorce. In other cases, one party might try to use false allegations to gain an advantage during the divorce. We will help you handle the situation with the guidance and resources you need.

These topics represent a few of the common general categories of divorce matters. Many subtopics exist within them. Ms. McClimon will guide you through these issues to determine what applies to your situation and what kind of outcome you would like to see.

Circumstances Can Change. What About Your Order?

Family law judges understand that children and families change over time. What works at the time you receive your divorce decree may not work in a few years. Ongoing orders such as child support, custody and parenting time schedules may be modified if you have a serious change in circumstances. We can help you either request or object to a modification.

Frequently Asked Questions About Divorce

Below are answers to some common inquiries that may help you understand what to expect during Texas divorce proceedings:

What is the difference between contested and uncontested divorce?

An uncontested divorce occurs when both spouses agree on major issues, including property division, child custody, support and other matters. These divorces typically proceed more quickly through the legal system and cost less. A contested divorce happens when spouses cannot reach an agreement on one or more important issues, requiring court intervention to resolve disputes.

How long does the divorce process take in Texas?

Texas law requires a minimum 60-day waiting period from the date of filing before a divorce can be finalized. This is sometimes called a “cooling off” period. Uncontested divorces can be completed shortly after this waiting period expires. Contested divorces typically take six to 12 months to complete, but complex cases involving significant assets or contentious custody disputes may take longer.

How are retirement accounts handled in a divorce?

Retirement accounts acquired during marriage are generally considered community property in Texas and subject to division. Accounts, including 401(k)s, pensions and IRAs, often require a qualified domestic relations order (QDRO) to divide them properly without tax penalties. Retirement assets acquired before marriage may be separate property, though increases in value during marriage might be subject to division.

What are temporary orders, and how can they help me?

Temporary orders establish rules for spouses to follow while the divorce is pending. These court-issued directives can address immediate concerns such as who stays in the marital home, temporary custody arrangements, interim support payments and protection of assets. They remain in effect until the final divorce decree is signed. Temporary orders provide stability and structure during what can be a chaotic transitional period and help prevent either spouse from taking actions that could harm the other financially or emotionally.

Can I relocate with my children during or after a divorce?

Relocating with children during or after divorce is complicated and often restricted. Most Texas divorce decrees include a geographic restriction limiting where the primary custodial parent can live with the children, typically to the county of divorce and adjacent counties. Moving outside this area usually requires court approval or written agreement from the other parent. Factors that courts consider include the reason for the move, the impact on the nonrelocating parent’s relationship with the children and the potential benefits to the children.

Learn More Today

Learn how the team at Tuck McClimon, PLLC can help you with your divorce. Schedule an appointment by calling 888-712-4804 or filling out our confidential online form.