Question and Answer Session With
Dallas Family Lawyer Lisa Garza, P.C.
What are the grounds for divorce in
Texas?
"Fault" grounds for divorce include adultery or cruel treatment.
Because a court may consider "fault" in the breakup of a marriage
as a factor in deciding how to divide the property and debts, a
party may choose to plead a "fault" ground for divorce. There are
other grounds you need to know if filing for a divorce such as
residency requirements and property and debts. Dallas family lawyer
Lisa Garza, P.C., will assist you in determining the proper grounds
for divorce before filing an application. For more information,
contact her at (888) 646-2373.
How do I know when I should file for a
divorce?
Your lawyer cannot help you decide whether divorce is right for
you. However, your lawyer will inform you of the legal
ramifications divorce will create. This will help you make an
informed decision about your resolution. If you have exhausted all
means necessary and feel your marriage is irreparable, divorce may
be the only answer; but only you will know that for sure. When you
file for a divorce, you must consider all the effects it will have
on you and your family. Many spouses believe that divorce will
solve all family disputes when, in fact, it can create many more.
Dallas family lawyer Lisa Garza, P.C., helps clients set realistic
goals about their legal decisions and the consequences
involved.
After a divorce, how will the court decide visitation of
my children?
Courts put the best interest of the child first. The
Courts encourage parents to make agreements regarding their time
with the children, and to be flexible in accommodating the other
parent. The court will also help parents draft a fall-back plan to
cover for emergencies. Many times, the judge will apply the "Texas
Standard Possession Order" if they are asked to rule on
visitation.
What is the Texas Standard Visitation?
This Court-sanctioned agreement gives a non-custodial
parent who resides within 100 miles of the child, over the age of
3:
First, third and fifth weekends, one evening or overnight a
week, rotating Thanksgiving and Spring Breaks, one-half of the
Christmas holidays, time on the child's birthday, Mother's or
Father's Day weekend and 30 days in the summer.
If a parent resides more than 100 miles from the child's
residence, there is additional time given to that parent in the
summer and spring break. This schedule applies to children over the
age of three and applies to parents with no substance or domestic
violence issue.
Who can apply for child support services and what is the
fee?
The Texas Attorney General's office accepts applications from
mothers and fathers. Applicants do not have the right to select
what enforcement actions are taken in their case. The Office of the
Attorney General will provide appropriate services for the benefit
of the children. Temporary Assistance to Needy Family (TANF)
recipients and Medicaid Only recipients automatically receive child
support services, whereas persons not receiving TANF must apply for
Title IV-D child support services.
How can child support be changed?
Only the Texas Court can modify child support. It cannot be done by
agreement of the parties. Grounds for a modification include a
material and substantial change in the circumstances of a child or
a person affected by the order, the passage of three years since
the last child support order and a difference in monthly payment by
either 20 percent or $100 from the child support guidelines. A
parent subject to a child support order can request a review of the
ordered child support amounts every three years by contacting
government agencies.
When quality of service and responsible representation matter
most, contact Lisa Garza at (888) 646-2373 or
complete the contact form to receive a full assessment of your
legal needs.
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