The stigma surrounding fathers going through divorce has significantly changed over the years. It is no longer assumed that the mother will automatically receive custody of the children and the home. Divorce laws in every state, including Texas, view both parents as equals. Texas is a “no-fault” state, meaning you don’t need specific grounds to file for divorce—sometimes, the marriage simply isn’t working anymore.
For fathers, the desire to be involved in their children’s lives and co-parent effectively is often a priority during the divorce process. However, despite equal rights under the law, fathers may still encounter unique challenges.
At C.E. Borman & Associates, our Texas divorce attorneys, led by Channa Borman, are dedicated to helping fathers navigate these challenges and protecting their rights. Below, we address some of the fathers’ most common questions about their rights in a divorce in Texas.
Common Questions Fathers Have About Divorce in Texas
If you are going through a divorce, having an experienced attorney who understands men’s or fathers’ rights in Texas is essential. Here are some of the most frequently asked questions by fathers in Texas:
1. What Are My Rights as a Father Under Texas Divorce Laws?
In Texas, both parents have equal rights, but the court will decide which parent has physical custody, also known as possession of the child. Physical custody means that the child will primarily live with one parent.
- Joint Legal Custody: Both parents may have joint legal custody, allowing them to make important decisions regarding the child’s upbringing, just as they did during the marriage.
- Non-Custodial Parent Rights: The parent without physical custody, referred to as the non-custodial parent, is typically granted visitation rights, including weekdays, weekends, spring and summer breaks, and holidays.
Physical custody aims to provide the child with a stable environment where they can maintain their sense of home, school, and community.
2. Do I Have to Pay Child Support?
In Texas, if you are a non-custodial parent, you are required to pay child support until your child turns 18. This applies even if you are awarded joint custody and spend significant time with your child. The reason for this is that you are not the primary custodial parent.
3. Will I Have to Pay Alimony?
Texas does not automatically entitle either spouse to spousal support, also known as alimony. However, your ex-spouse can request alimony, and the court will look for validity based on specific criteria:
- Proof of Need: Your ex-spouse must demonstrate an inability to earn a sufficient income to cover reasonable living expenses and meet other requirements stated in the spousal support statute.
- Alimony Limit: If your ex-spouse is granted alimony, the alimony payment can be no more than $5,000 per month or 20% of your monthly earnings, whichever is lower.
4. What Are the Property Division Laws in Texas?
Texas is a community property state, meaning that all assets acquired during the marriage are considered equally owned by both spouses. Here’s how property is divided during divorce:
- Separate Property: All assets owned before entering into the marriage, including inheritances, remain the property of the original owner.
- Community Property: All other assets acquired during the marriage are considered community property and are divided as close to 50/50 as possible.
5. Do You Have to Go to Court to Resolve Divorce Issues?
No, you don’t necessarily have to go to court to resolve divorce issues. It’s often best to work together with your ex-spouse to:
- Divide Assets: Reach an agreement on how to divide property and financial assets.
- Child Custody Agreement: Develop a custody agreement that focuses on your child’s best interests.
Collaborating on these issues simplifies the divorce process and lays the foundation for effective co-parenting. However, the court will have to review your child’s custody agreement to ensure it is in your child’s best interest.
6. What Happens If We Can’t Agree on Terms Regarding Key Issues?
Mediation is an excellent tool for couples going through a divorce who are struggling to agree or having difficulties in a specific area. In Texas, mediation is required before taking divorce disputes to court:
- Mediation: A neutral third party helps facilitate discussions and negotiations between you and your ex-spouse to reach a mutually acceptable agreement.
- Court Resolution: If mediation fails, your case will proceed to court, where a judge will make the final decision. Keep in mind that the judge’s decision may not align with what either party hoped for.
An Experienced Texas Divorce Law Firm Can Help
Navigating the complexities of divorce as a father can be challenging. At C.E. Borman & Associates, our experienced team is committed to protecting your rights and ensuring that you remain an active and involved parent in your child’s life. Here’s how a divorce law firm in Texas can assist:
- Understanding Your Rights: We’ll help you understand your legal rights as a father in Texas, ensuring that you are fully informed throughout the process.
- Advocating for Your Interests: We’ll work tirelessly to represent your interests, whether that means fighting for fair custody arrangements or ensuring equitable property division.
- Guiding You Through the Process: From initial consultation to final resolution, we’ll be by your side, offering clear guidance and support every step of the way.
Contact C.E. Borman & Associates Divorce Lawyers in Texas Today
Statistics support that children face disadvantages when fathers are not in their lives. If you’re thinking about divorce and concerned about your rights as a father in Texas, the attorneys at C.E. Borman & Associates can help protect your interests to ensure that you play an active role in your child’s life after divorce.
If you have additional questions about father’s rights in Texas, don’t hesitate to contact us at 979-200-4725 today.
C.E. Borman & Associates is an American Lawyer Top 100 Law Firm.
C.E. Borman & Associates have served the Brazos Valley for over 20 years. Our attorneys and legal staff are committed to straight talk and honest advice.
We provide exceptional value to our clients and often make life-long, remarkable changes that benefit future generations. Contact us if you need a divorce or family law attorney. Call (979) 596-5331.
