Celebs have access to high-octane lawyers–but what about the rest of us?

April 20, 2011

By Mike Hinshaw

Divorce often becomes–or devolves into–celebrity news in Los Angeles because of the often volatile mix of movie stars, famous athletes from equally storied professional sports teams and the ever-present paparazzi.

For example, Bloomberg reported today that, “Major League Baseball will appoint someone to oversee business and day-to-day operations of the Los Angeles Dodgers as divorced owners Frank and Jamie McCourt argue over how to divide the team.

“ ‘I have taken this action because of my deep concerns regarding the finances and operations of the Dodgers and to protect the best interests of the club, its great fans and all of Major League Baseball,’ Commissioner Bud Selig said in a statement released by MLB.”

Even Michael Douglas, who has been remarried for years to Catherine Zeta-Jones, is back in the glare: his ex-wife wants a slice of the pie from the “Wall Street” sequel because she was awarded money from the original movie a decade ago.

Resources for the ‘rest of us’

But regular people get divorced in LA, too–people who need legal help, family counseling and other services. Fortunately, the LA Superior Court maintains an excellent Web site, with many good resources for anyone beginning the often-painful process of divorce.

According to the site:

Dissolution Of Marriage (Divorce)

This action can be filed by a married person to end the marital relationship between a husband and wife. Along with restoring the parties to single status, the Court will issue orders for custody and visitation of the minor children of the marriage, child support, spousal support, and confirm or divide community and separate property assets and debts.

Once an action is filed by a Petitioner, the other party, Respondent, must be personally served with specific paperwork. If the Respondent fails to file the necessary responding paperwork within thirty (30) days of service, the Petitioner may request an entry of default. Once the default is entered, the Petitioner can complete the divorce proceeding without the participation of the Respondent.

If the Respondent files the necessary responding paperwork, the case will then proceed as either a contested matter or an uncontested matter.

Respondent can elevate separation into divorce

Furthermore, notice by the Petitioner of a legal separation can be turned into divorce proceedings with the appropriate filing by the Respondent.

Also, the Family Law Information Center (FLIC) “provides family law information, referral, and assistance to the public” if the person has no lawyer. However, FLIC can not act as an advocate (legal counsel) for either party.

Remember, legal experts and court officials recommend that anyone contemplating or undergoing divorce proceedings to hire an experienced, trained attorney.

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And that’s where we can help. If you’re ready to begin the search for a compatible, well trained, experienced divorce attorney, you can start with our free case evaluation. If you need more information, please browse our site, using the tabs at the top of the page.

When it comes to a divorce, child custody is one of the most difficult problems that Louisville, Kentucky, faces today. Trying to decide what is best for the children involved is a responsibility many have lost countless nights of sleep over. The costs, financially, emotionally, and in time, consumes the parents, children, and the state governments trying to untangle the mess of a broken marriage.

So, why is it that some in the United States has so many problems with such a natural event as raising children? There are many reasons, but probably the overwhelming factor for contributing to problems with child custody is maturity. Merriam Webster defines maturity as attaining a final or desired state. When it comes to raising and taking care of children, a desired state means you must have take on all responsibilities that go with attaining your goal of raising children to the legal age of adulthood. Being able to do so requires you recognize and devote yourselves to the resources at hand that will help you attain the goal. Some of the basic resources necessary to raise children include a source of income, a nurturing and positive environment, adequate shelter, preparation for the  future, good healthcare, and an adequate diet. In a nutshell, raising children requires you to be responsible at working hard to provide the basic resources for your children. Both you and your spouse must be in sync, dedicated, determined, and focused on your goals if you expect to be successful in raising healthy children.

When a marriage becomes irretrievably broken, as a spouse, what does your mature responsibility then become to your children? In Louisville, if a friendly and formally signed agreement between the spouses concerning basic resources for the children has not been made, the Circuit Court in Jefferson County will decide what is ultimately best for the children. If either or both of you are capable parents, one of you will be chosen as the primary physical care taker of the children, called the Custodial Caretaker. The one of you not chosen as the Custodial Caretaker will then be referred to as the Non-Custodial Caretaker. Regardless of how you are now referred to by the courts, neither of you loses the responsibility of raising  your children to a healthy adulthood. Because the primary Custodial Caretaker keeps the children most of the time, their resources, like income, will be depleted faster than the Non-Custodial Caretaker’s. Therefore, it stands to reason, if you are the Non-Custodial Caretaker, you may be ordered to contribute toward your child’s resources through what the courts call Child Support.

In Kentucky, Child Support is based on the Income-Shares Model. These figures are normally arrived at by the courts after carefully and meticulously figuring out a fair amount the Non-Custodial and Custodial Caretakers can contribute to the resources of the children, and the amount of resource needs of the children. From the amount of contributions, a percent of monthly income is then derived at for both the Custodial and Non-Custodial contributors. Ideally, the amounts chosen are not intended to break either side, but to maintain the level of resources that best supports the general welfare of the children involved.

Maybe you have found yourself in the predicament of divorcing with children, and you are not sure what is fair and what is not fair when it comes to your children. If you and your spouse cannot amiably agree on a legal solution, you may need legal counsel from a professional who is trained to help you in your situation. Do the mature thing and contact us right now at and we will put you in touch with a divorce lawyer in your area that is an expert on legal matters concerning child custody cases and Child Support.

No one thinks they will get divorced, but divorce statistics indicate that over half of American marriages end in divorce. If you are thinking about filing a South Carolina divorce, you need help from a South Carolina divorce attorney.

Hiring a South Carolina divorce lawyer

South Carolina divorce lawyers can guide you through any type of divorce. Filing a South Carolina divorce can be complicated and emotionally taxing. Let a South Carolina divorce lawyer act as your legal advocate and negotiate the best possible South Carolina divorce.

South Carolina divorce lawyers can help with all divorce issues including: South Carolina alimony, South Carolina child support and child custody arrangements and property distribution. South Carolina divorce attorneys can make sure your understand South Carolina divorce law and help protect you and your family.

Children and Divorce in South Carolina

The state of South Carolina uses the Income Shares Model for calculating child support payments. The assumption under this model is that the child should receive the same proportion of their parent’s income that they would have received if their parents had not divorced. After the support amount is calculated the amount paid by each parent is offset if one of the parents is the custodial parent of the child.

South Carolina courts may decide to award a different South Carolina child support amount if they can prove the amount calculated from the guidelines is unjust or unfair. Prior to adjusting the child support payment amount they must consider a variety of factors including:

• How many children the family has to support
• Equitable distribution of property
• Additional educational costs for the child
• Family debts
• Whether there are extraordinary medical or dental costs for the child
• Mandatory deduction of retirement pensions and union fees
• Whether one parent has other dependents which they are currently supporting
• If there is significant available income for the child
• If the noncustodial parent’s income is substantially less than the custodial parent
• If either parent is receiving alimony
• Any agreements which have been made between the two parties

More detailed information can be found in South Carolina Code of Laws chapter 3; Sections 20-3-160, 20-7-40, 20-7-100.

Custodial parents who need help obtaining child support can get help from South Carolina’s Child Support Enforcement which is a division of South Carolina’s Department of Social Services. Child Support Enforcement can help custodial parents with the following:

• Enforcing South Carolina child support orders
• Establishing paternity
• Reviewing South Carolina child support orders
• Locating noncustodial parents

Parents who refuse to pay South Carolina child support orders may face severe consequences. South Carolina’s Child Support Enforcement Agency may:

1. File contempt of court proceedings, which may result in a jail sentence of the noncustodial parent if they are found in contempt of court.
2. Withhold child support payment from the noncustodial parent’s wages or unemployment benefits
3. Withhold income tax refunds
4. Revoke the noncustodial parents drivers license
5. Pursue federal prosecution where the noncustodial parent lives out of state.

Child support enforcement Information obtained from the South Carolina’s Child Support Agency’s website.

South Carolina Child Custody Law

Child custody issues are often the most contentious and emotional legal issues which must be decided in a South Carolina divorce. Most parents want what is best for their children, but often they are unable to agree on a South Carolina child custody arrangement. If parents can not agree on a South Carolina child custody arrangement the courts will be forced to make that decision for them.

The current preference for most courts is to allow joint custody, but this arrangement is only allowed if the courts determine it is in the best interest of the child. South Carolina courts do not assume that either parent is better suited to have custody of the child regardless of their sex, but they will evaluate several factors to make their determination.

• If the child is old enough to have a reasonable preference the court will give their preference consideration. The child’s age, maturity level and experience will give weight to their preference.
• If either parent has committed physical or sexual violence against the child or other parent
• The court will also consider who has had the primary responsibility for caring for the child during the marriage.

If you and your spouse need help arranging a child custody agreement, it may be a good idea to talk to a South Carolina divorce lawyer. More information about South Carolina child custody laws can be found in

the Code of Laws for South Carolina – Chapter 3; Sections 20-3-160, 20-7-100, 20-7-1520.

South Carolina Divorce Laws

South Carolina divorce petitioners, who are filing a South Carolina divorce, must meet either fault or no-fault grounds. Petitioners must also state their grounds in their Petition for Divorce. All South Carolina divorce grounds must be proven either by testimony or evidence in a South Carolina court.

South Carolina divorces may be granted on “no-fault” grounds if the spouses have lived separate and apart without cohabitation for a period of one year.

South Carolina divorces may be granted on “fault” grounds for any of the following reasons:

· Willful desertion for a period of one year

· Cruel or barbarous treatment

· Excessive use of alcohol or drugs

· Adultery – Adultery is committed if one spouse has voluntary sexual relations with someone other than their spouse.

More information for grounds for a South Carolina divorce can be found in the Code of Laws for South Carolina – Chapter 3; Sections 20-3-10. Filing for a South Carolina divorce can be complicated, and South Carolina divorce laws vary from other states. Contact a South Carolina divorce lawyer if you need more information about whether or not you can file a South Carolina divorce.

South Carolina Divorce Residency Requirements

South Carolina, like all other states, has very specific requirements for filing a South Carolina divorce. Failure to meet the South Carolina divorce residency requirements may result in the South Carolina court dismissing your case. Most couples will not have to worry about South Carolina divorce residency requirements unless they have recently moved or they are planning to move.

South Carolina divorce residency requirements require:

• The petitioner of a South Carolina divorce must have resided in South Carolina for at least one year prior to the commencement of the divorce action. If the divorce petitioner is a nonresident, the defendant must have resided in South Carolina for one year, provided that both parties are residents of South Carolina when the divorce action is commenced; the petitioner must have lived in South Carolina three months prior to the commencement of the South Carolina divorce action.

More information concerning South Carolina divorce residency requirements can be found in the Code of Laws for South Carolina – Chapter 3; Sections 20-3-30, 20-3-60, 20-3-80.

Alimony in South Carolina

Alimony refers to spousal support or maintenance after the South Carolina divorce is final. Alimony is not guaranteed in a South Carolina divorce, and the amount awarded, if any, may be influenced by the distribution of marital property. South Carolina courts will evaluate a variety of factors before assessing the need for South Carolina alimony including:

• The ages of each spouse
• The length of the South Carolina marriage
• The mental and physical health of each spouse
• The educational background and employment status of each spouse and their ability to produce their own income and become self-supporting
• The standard of living in which each spouse has been accustomed during the marriage
• The earning potential of each spouse
• The current expenses of each spouse
• The current assets of each spouse
• The existence of any other spousal support obligations of either party to previous spouses
• Any other factor the South Carolina court deems relevant to their decision

South Carolina courts have wide latitude in determining alimony payments and unlike child support payments, alimony or spousal support payment amounts are not established by state statutes. If you have questions concerning the amount of South Carolina spousal support you may be entitled to receive or be forced to pay, contact a South Carolina divorce lawyer. More information about calculating alimony payments in South Carolina can be found in the Code of Laws for South Carolina – Chapter 3; Sections 20-3-120, 20-3-130, 20-3-140.368081

South Carolina Annulments

Annulments, while still allowed under South Carolina law, have become less common as the stigma for divorce has decreased. South Carolina annulments are different than a South Carolina divorce because instead of terminating the marriage contract, an annulment makes the marriage void or like it did not exist. South Carolina annulments may be granted for a variety reasons, but establishing cause for an annulment can be difficult.

South Carolina allows an annulment for the following reasons:

• Mental Incapacity – If a spouse is mentally incapacitated and unable to enter into the marital contract, the South Carolina marriage may be annulled.
• Underage Marriage – If either spouse was under the legal age to consent to the marriage, the marriage may be annulled.
• Fraud – If either spouse has misrepresented himself in the marriage or tricked the other spouse into marrying him, the marriage may be annulled.
• Impotent – If the marriage can not be consummated due to a spouse’s impotency, the marriage may be annulled.
• Duress – If a spouse was forced or threatened to marry, the marriage can be annulled.
• Venereal Disease – If a spouse was infected with a sexually transmitted disease, the marriage may be annulled.

Annulling a marriage may be complicated. Many annulments must be requested within a specific time period to be valid. Contact a South Carolina divorce lawyer if you have questions about your ability to annul your South Carolina marriage.

Legal Separation in South Carolina

South Carolina does not specifically allow for “legal separation” but couples may live apart and separate without filing for a South Carolina divorce by filing a petition for separate maintenance and support. For couples seeking reconciliation or who choose not to divorce for religious reasons, living apart and signing the petition for separate maintenance and support may allow them to maintain the benefits of marriage while living separately.

The petition for separate maintenance and support allows the court to decide important legal issues such as how to divide marital assets, what type of alimony may be awarded and who will have custody of the children. Petitions for separate maintenance and support are legal documents and prior to establishing or agreeing to any issues it is important to talk to a South Carolina Divorce attorney.

If you are considering filing for a Dallas divorce it is important to talk to a Dallas divorce lawyer. Divorce lawyers in Dallas help hundreds of clients each year with their most important divorce issues including child custody, property distribution, child support and spousal support (alimony) payments.

Whether it is a simple uncontested divorce or a contentious legal battle that draws out for months and must be settled in a Dallas courtroom, talk to a Dallas divorce attorney to make sure you are making sound financial decisions for your family.

Children and Divorce in Dallas

Resolving child custody issues in a Dallas divorce does not have to be a tough legal battle, but unfortunately, with the emotions running high it often can be. Spouses may be able to work together to develop their own child custody plan in a Dallas divorce and this is generally preferable, but if they are unable, Dallas courts will intervene and help the couple establish a parenting plan.

The state of Texas uses the term “managing conservator” to identify the legal custody arrangement established for the child. Under this plan parents can be joint managing conservators or one parent may be assigned as sole managing conservator.

Regardless of the arrangement of the child custody plan, the Dallas courts will attempt to create a custody plan which they believe to be in the best interest of the courts. Joint managing conservatorships are the most popular types of custody plans but are not allowed if the courts determine one parent is not suited for this role.

Prior to making agreeing on any type of child custody arrangement in a Dallas divorce, the Dallas court will review a variety of child support factors including:

• What are the emotional, physical and psychological needs of the child?
• Is each parent able to appropriately prioritize the needs of their child and make decisions which are considered in the child’s best interest?
• Are both parents able to support the other parent by allowing an ongoing and continuous, positive relationship with the child?
• How involved was each parent in rearing the child prior to the Dallas divorce?
• How close does each parent live to the other parent and what type of custody arrangement is best for the child given the distance?
• How old is the child and are they old enough to articulate a child custody preference?
• Any other child custody factors which should be considered in the Dallas divorce

If you and your spouse are fighting over the best child custody arrangement for you child, there is help. Contact a Dallas divorce lawyer for child custody help. You may not always agree with your spouse, but most likely you and your spouse love your child and want what is best for them. If you have additional questions about Dallas child custody issues or need more information about Texas child custody laws, you can also review the state statutes on child custody in the Texas Family Code, Section 153.004, 153.005, 153.131, and 153.154.

Dallas Child Support

Child support laws are developed at the state level to protect children of divorced parents. Child support laws ensure that all children are protected in a Dallas divorce and force divorcing parents to provide financial support for their children until they reach adulthood.

The state of Texas uses a formula based on the net income of the noncustodial parent to calculate Dallas child support payments. The calculated amount is considered fair unless the court reviews certain child support factors and determines it is unjust or unfair. Factors which must be considered in a Dallas divorce can include:

• How much time does each parent spend with their child?
• How old is each child?
• What are the financial needs of the child?
• How much money does each parent spend for child care to maintain employment?
• Which parent has physical custody of the child?
• How much does it cost to educate the child?
• Is either parent receiving spousal support or alimony payments?
• Does either parent have additional financial resources to support the child?
• Can the paying parent afford to make the necessary child support payments?
• Is the custodial parent allowing the non-custodial parent access to the child?
• Is the paying parent intentionally unemployed or under employed?
• Does either parent have a large amount of debt they are paying?
• What are the net resources of the paying parent?
• What is the cost of education and healthcare for the child?
• What are the travel costs for the noncustodial parent to see the child?
• Do the parents have a positive or negative cash flow from other assets, investments, their business or their personal property?
• Any other child custody factors the court deems relevant to their decision

Child support questions in a Dallas divorce can be answered by a Dallas divorce lawyer. Additional child support information can also be found in the Texas Family Code, Section 154.122, 154.123, and 154.124.

Enforcing Dallas Child Support

Parents, who are not receiving their child support payments in Dallas, can contact the Office of the Attorney General’s Child Support Division. This division helps Dallas families and families throughout the state of Texas with a variety of child support services. These child support services are paid for through state and federal taxes, and there is no immediate cost to the families applying for help. Help for Dallas child support services provided through the Office of the Attorney General’s Child Support Division can include the following:

1.     Establishing paternity of a child

2.     Locating absentee parents

3.     Enforcing Dallas child support orders

4.     Enforcing Dallas medical support orders

5.     Reviewing and modifying Dallas child support payments

6.     Collecting and distributing Dallas child support payments

If you need child support help, contact the Office of the Attorney General’s Child Support Division. Do not suffer in silence or let your children suffer; get help today.

Dallas Divorce Laws

Like other states, Texas has very specific requirements which must be met prior to filing for a Dallas Divorce. In the state of Texas, couples may file for divorce under fault and no-fault grounds. Dallas divorces will be granted by a Dallas court if the couple files their Petition for Dissolution of Marriage under the appropriate grounds and with evidence to substantiate their claim.

Dallas couples may file for a Dallas divorce if they can prove any of the following:

Fault grounds

1.     Cruelty – Either spouse has been the victim of mental or physical cruelty.

2.     Adultery – Either spouse has had sexual relations with another person other than their spouse.

3.     Conviction of a Felony – Either spouse has been convicted of a felony and is sentenced to either a federal or state prison without a pardon for their crime.

4.     Abandonment – One spouse has abandoned the other spouse for at least one year and has no intention of returning.

5.     The couple has been living apart without cohabitation for more than three years.

6.     Confinement in a Mental Hospital – Either spouse has a mental health condition and has been confined or living in a mental hospital for more than 3 years.

No-Fault grounds

Dallas Couples may file for divorce in Dallas if they can prove “insupportability”. Under this condition for divorce the couple agrees that the marriage is “irretrievably broken”, and there is no chance that the marriage will be repaired. No-fault divorces have become the most common grounds for divorce in the state of Texas.

Dallas divorce lawyers can review your Dallas divorce case and make sure you have grounds to divorce. Additional information can also be found in Texas Code, Family Code, Chapter: 6.001-6.007).

Dallas Annulment

Couples may choose to annul their marriage for a variety of reasons, but filing for an annulment in Dallas has become increasingly rare. A Dallas divorce lawyer should be consulted if you desire an annulment in Dallas.

Annulments differ from divorces. They do not terminate a marriage contract, but rather, are the legal process for declaring your marriage invalid. Annulment law is outlined at the state level and is generally allowed in the state of Texas for the following reasons:

• Underage Marriage – If either spouse was too young according to state law to consent to the marriage, it may be annulled.
• Under the influence of narcotics or alcohol – If either spouse was incapacitated by alcohol or narcotics and was not able to consent to the marriage, the marriage may be annulled.
• Concealing a divorce – If either spouse concealed a divorce which occurred within the past 30 days, the marriage may be annulled.
• If the Texas marriage occurred less than 72 hours after the marriage license was issued, the marriage may be annulled.
• Mental incapacity – If either spouse is found to be mentally incompetent to such an extent that they could not consent to the marriage contract, the marriage may be annulled.
• Consanguinity – If the spouses are too closely related by blood to be allowed to marry, the marriage may be annulled.
• Fraud
• Duress or force – If either spouse entered into the marital contract under threat of force or duress, the marriage may be annulled.

Annulments in Dallas may be more difficult to get than a legal divorce. Talk to a divorce lawyer about filing the appropriate annulment paperwork in the right Dallas court.

Dallas Divorce Residency Requirements

Dallas couples considering divorce must meet certain Texas divorce residency requirements. Failing to meet these requirements will allow a Dallas court to dismiss your Dallas divorce petition. Fortunately, divorce residency requirements will only be difficult to meet if you have recently moved or are planning to move in the near future. Dallas divorce lawyers can explain the details of Texas divorce residency requirements, but in general, couples who live in Texas may file for divorce if:

• Either spouse in the marriage has been a resident of the state of Texas for 6 months and a resident of the county in which the divorce petition is filed for 90 days preceding the petition filing.

All divorce paperwork must be filed with the District Court of Texas in the county in which either spouse resides.

Alimony in Dallas

If you are seeking a Dallas divorce and you are caring for children or have spent years out of the workforce you may have questions about Texas alimony (spousal support).

Spousal support may be awarded in a Dallas divorce and can be paid to either you or your spouse. It is not automatically awarded; Dallas courts can allocate spousal payments at their own discretion.

Spousal support in a Dallas divorce is most often awarded if one spouse is caring for a small child or they have a physical or mental disability which makes it impossible for them to maintain employment. Dallas courts will review a variety of spousal support factors prior to determining the duration or the amount of spousal support awarded in a Dallas divorce including:

• The financial resources of the requesting spouse
• The education, training and job skills of the requesting spouse
• The amount of time it will take the requesting spouse to obtain adequate education and training to find employment
• The employment history of the spouse and whether they sacrificed their own employment opportunities to contribute to the caring of the household
• The length of the marriage
• The age of each spouse
• The earning capacities of each spouse
• The physical and mental health of each spouse
• The efforts made by the requesting spouse to find employment

Under most conditions spousal support in Dallas will be granted for up to 3 years after the Dallas divorce. Courts generally assume most spouses can find suitable employment in this time period and become self-sufficient. Disabled spouses may be eligible for spousal support for an indefinite time period.

Spousal maintenance generally may not exceed $2,500.00 per month or 20% of the ex-spouse’s average monthly gross income unless the couple agrees to a larger spousal support sum.

Legal Separation in Dallas

Legal separations are not recognized in several states including: Texas, Delaware, Virginia, Florida, Georgia, Mississippi, and Pennsylvania.  But the state of Texas does allow couples to separate, live apart and legally protect themselves by completing and having a judge sign a separation agreement.

Dallas separation agreements can protect you and your spouse by determining how certain issues will be handled during the separation including spousal support payments, child support payments, child custody arrangements and property distribution. Separation agreements should be signed by a judge to ensure they are enforceable.  A separation agreement is a legal document; it is important to have a Dallas divorce lawyer review it prior to finalizing it.

The reality of today’s marriages is that over 50% of them will end in divorce. Divorce is a difficult process, and it may feel like you are alone, but obviously, given the divorce statistics, you are not. If you are thinking about filing an Atlanta divorce, there are many divorce issues which must be considered. If you have children or property it is even more important to understand the affects an Atlanta divorce will have on your family.

Does Georgia divorce law allow spousal support? How much child support will you have to pay or be entitled to receive? How will the courts decide to distribute your assets? How will your debts be divided? If you do not know the answer to all of these divorce questions, it is time to contact an Atlanta divorce lawyer.

Divorce lawyers in Atlanta help thousands of clients each year. Atlanta divorce lawyers understand that divorce is complicated and given the emotional stress of a divorce, you may need professional legal help.

Children and Divorce in Atlanta

Unlike other states, Georgia’s child custody laws will allow a child, who is 14 years or older, to determine which parent they would like to live with after a divorce or separation. A child’s preferences are the controlling factor and can not be contested by the other parent unless the Georgia courts determine the chosen parent is not fit for custody.

If the child is younger than 14 years of age, the Georgia court may evaluate a variety of factors to determine what child custody arrangement is in the best interest of the child. Custody arrangements which may be available in an Atlanta divorce include joint physical custody, joint legal custody, sole physical custody or sole legal custody. Courts will review all possible arrangements and will attempt to determine a custody arrangement which they believe is in the best interest of the child. Factors which the Atlanta court will consider prior to making a child custody decision in an Atlanta divorce will include:

• The age of the child
• The mental and physical needs of the child
• The history of the parent’s interaction with the child including the emotional attachment of a parent to the child
• Whether either parent has a history of abuse or violence toward the child
• Whether both parents have the ability to encourage and support a continuous and positive relationship between the child and the other parent
• All other relevant information the court needs to consider

Child custody decisions in an Atlanta divorce are one of the most important decisions that will be made by your family. It is important to obtain the expert advice of an Atlanta lawyer regarding these matters. More information can also be found in the Georgia Code, Sections: 19-9-1 and 19-9-51.

Atlanta Child Support

In Atlanta and throughout the state of Georgia, both parents are liable for supporting their minor child. Georgia has official child support guidelines which outline the method used to determine child support in an Atlanta divorce, if the parents are unable to come to a mutual agreement.

The court may evaluate a variety of factors to determine support payments including:

• The ages of the children
• The child’s medical costs and extraordinary needs
• The child’s educational costs, including daycare costs
• The amount of time the child spends with each parent
• The type of support obligations each parent has for the household
• Whether a parent has any hidden income
• The income of the custodial parent
• All other extreme economic factors
• Whether either parent has any extraordinary needs
• The spending level of the family
• The cost of insurance
• The cost of travel to visit or pick-up the child

Atlanta child support payments may be required until the child turns 18 years old or graduates from high school. Atlanta child support obligations may be terminated if the child marries or becomes emancipated. Atlanta child support payments may be modified by court order and may be allowed if the parent’s income substantially changes.

Child support laws can be complicated. Contact a divorce lawyer in Atlanta if you have questions concerning the amount of child support which must be paid or you may be eligible to receive in an Atlanta divorce. More information for calculating child support in an Atlanta divorce can also be found in the Code of Georgia Annotated, 19-5-12, 19-6-14, and 19-6-15.

Enforcing Atlanta Child Support

If you are the custodial parent of a child and are not receiving child support payments you can contact The Georgia Department of Human Services, Division of Child Support Services (DCSS) for help. The DCSS provide a variety of child support services for parents in Atlanta and other cities throughout the state of Georgia. Child support services which are provided include:

1. Locating noncustodial parents
2. Confirming paternity
3. Establishing Atlanta child support orders
4. Enforcing child support orders
5. Enforcing and establishing Atlanta medical support orders
6. Collecting and distributing Atlanta child support payments

Failure to pay child support has very severe financial and legal consequences for non-paying parents including:

1. Withholding child support from paychecks, unemployment or weekly worker’s compensation benefits.
2. Intercepting federal or state income tax refunds to pay for child support which is in arrears
3. Reporting parents delinquent in Atlanta child support payments to credit bureaus
4. Suspending or revoking driver’s, professional, occupational hunting or fishing licenses for failure to pay child support
5. Reviewing and changing Atlanta child support orders periodically
6. Intercepting lottery winnings of more than $2,500
7. Filing contempt of court actions
8. Filing liens to seize matched bank accounts, lump sum worker’s compensation settlements and real or personal property
9. Denying, suspending or revoking the passport of someone who owes more than $2,500 in child support

Information above is provided from the Division of Child Support services in Georgia.

Atlanta Divorce Laws

Like all other states, Georgia has instituted state laws which outline grounds for filing for a divorce. Couples who wish to file for an Atlanta divorce must meet the state guidelines and must have evidence to support their divorce claims. Divorce grounds in Georgia include no-fault and fault based grounds.

Atlanta No-Fault grounds for divorce:

• Irretrievable breakdown of a marriage – Under this condition an Atlanta couple may file for a divorce if they can prove their marriage is broken and can not be repaired. The petition for dissolution of the marriage will not be granted until 30 days have elapsed from the date of filing the Atlanta divorce petition.

Atlanta Fault Based Grounds for divorce:

• Consanguinity – The spouses were too closely related by blood to marry.
• Mentally incapacitation – Either spouse was mentally incapacitated at the time of the marriage and unable to consent to the marital contract.
• Force, duress or fraud
• Pregnancy – The wife was pregnant with another man’s child at the time of the marriage, and her condition was unknown to the husband.
• Adultery – Either spouse has had sex with another person other than their spouse.
• Incurable mental insanity
• Willful and continued desertion – Either spouse has left the other spouse for at least 1 year.
• Felony Conviction – Either spouse has committed a felony and has been imprisoned for a term of 2 years or longer.
• Habitual drunkenness
• Cruel Treatment

• Impotence – Either spouse is impotent at the time of the marriage.

Divorce law in an Atlanta divorce can be complicated. Contact an Atlanta divorce lawyer if you have questions about whether or not you can file for an Atlanta divorce. More information can also be found in the Georgia Code – Sections: 19-5-3

Legal Separation in Atlanta

Under Georgia state laws there is not a status called “legal separation”, but couples may be legally separated if they are no longer having marital relations and they consider themselves separate. Couples should formalize their separation by filing a separation maintenance action which is defined under O.C.G.A. § 19-6-10. The separate maintenance is basically a lawsuit which is filed in an Atlanta court which will address all of the common separation issues surrounding your marriage (division of property, child custody and support of children) but does not grant an Atlanta divorce.

Separation maintenance orders can be drafted by either spouse with or without the assistance of an Atlanta divorce lawyer. This document is a legal document and is a binding legal order which serves to define how each spouse wishes to have the marriage issues resolved. Prior to filing a separate maintenance order, one of the parties to the marriage must have been a Georgia resident for at least 6 months. More information about residency requirements is outlined in the Georgia Code Section 19-5-5.

Atlanta Annulment

Annulments are allowed under Georgia state law, although in recent years with the increase in no-fault divorces and the decreasing stigma of getting a divorce, annulments have become increasingly rare. Meeting Georgia’s annulment requirements may be more difficult than simply filing for a no-fault divorce. If you are considering filing for an annulment in Atlanta, it is important to contact a divorce lawyer.

Petitions for an annulment in Atlanta must be filed in the appropriate Superior Court and have many of the same procedural requirements as an Atlanta divorce. Filing an Atlanta annulment will not entitle either spouse to permanent alimony payments.

Annulments may be allowed in Atlanta if the Atlanta court considers the marriage void at the time of its initiation. Common actions which void an Atlanta marriage will include:

• Consanguinity- The husband and wife were related in such a way which is prohibited by Georgia law.
• Mental Incapacity – Either spouse did not have the mental ability to agree to the marriage contract.
• Underage Marriage – Either spouse was under the age of 16 and was too young to consent to the marital contract.
• Fraudulent Marriage – Either spouse was forced or fraudulently coerced into the marriage contract.
• Bigamy – Either spouse was married to another person at the time of the marriage

Marriages which were forged by fraud, duress or where a spouse is underage become valid if they produce a child. Under these conditions the spouses will not be allowed to file an annulment but must file for a Atlanta divorce.

Atlanta Divorce Residency Requirements

All states, including Georgia, have instituted state laws which outline divorce residency requirements. Most couples will not have difficulty meeting these requirements, unless they have recently moved or are planning to move in the near future. Contact an Atlanta divorce lawyer if you have divorce residency questions about your Atlanta divorce.

Georgia divorce residency requirements are as follows:

Spouses must reside in Georgia for 6 consecutive months before they file for a divorce in Atlanta or any other city in Georgia. Uncontested divorces in Atlanta may be filed in the county where the filing party currently resides. If the Atlanta divorce is contested, the filing party must file in the Atlanta County where their spouse resides. Military personnel who are stationed in Georgia must have lived there for the year before they file for divorce. The divorce action can be sought in any county next to the military base where they are stationed (Georgia Code – Sections: 19-5-5).

Alimony in Atlanta

Spousal support or alimony is the payment of money or other types of financial support to one spouse, either permanently or temporarily, after an Atlanta divorce. No spouse is guaranteed alimony in an Atlanta divorce, and a spouse will not be awarded permanent alimony in an Atlanta divorce if they are guilty of desertion or adultery. However, temporary alimony payments may be awarded without regards to this issue.

The courts will evaluate each divorce on a case-by-case basis and determine if a spouse is entitled to either a lump sum award or periodic payments. Atlanta spousal support payments will end at the death or remarriage of the requesting spouse or earlier if determined by the court.

Atlanta courts will not make final alimony judgments until they have reviewed the following factors in the Atlanta divorce:

• The future earning capacity of each spouse
• The standard of living in which each spouse has become accustomed to in the marriage
• The current financial status and income of each spouse
• The assets of each spouse
• Whether the requesting spouse has made non-economic contributions to the marriage which can include career building, homemaking and child care duties
• The conduct of each spouse during the marriage
• The age of each spouse
• The mental and physical health condition of each spouse

The duration of the alimony payments is also determined by an Atlanta court after they have reviewed the following:

• The amount of time it will take the requesting spouse to obtain the proper education and training to become self-supporting
• The length of the marriage

Spousal support may be a contentious legal issue. Modifications may be possible, but there are restrictions to modifying the length of time it will be paid. Lump sum alimony is not subject to modification. Talk to an Atlanta divorce lawyer if you have questions about the amount of alimony you may receive or the amount of alimony you may be required to pay after an Atlanta divorce. More information about alimony after an Atlanta divorce can also be found in the Georgia Code, Sections: 19-5-5, 19-6-1 and 19-6-5.

Divorce, it can be a confusing, emotional and difficult for many families. Whether it is a relief of a crisis for you, it is important to find the right legal help. Let an Oklahoma City divorce lawyer answer your divorce questions and make sure you have the information you need to make smart decisions about your Oklahoma City divorce.

Are you eligible to receive spousal support? How much child support are your children going to receive after the divorce? How will your property and debts be divided? These are important divorce questions which should be answered before filing for an Oklahoma City divorce.

Filing for divorce in Oklahoma City does not have to be a complicated process, but given the heightened emotions, many people may need advice from a professional. Do not try to do this alone. Contact a divorce lawyer in Oklahoma City today.

Children and Divorce in Oklahoma City

Regardless of how carefully you plan and attempt to protect your children, divorce is almost always emotionally difficult. Negotiating a parenting plan with your spouse may be one way to reduce the devastation and allow both your and your spouse the ability to continue to play an role in the lives of your children.

There are several different types of child custody arrangements in an Oklahoma City divorce. The courts may allow joint custody arrangements where the children live with each parent at specific times or sole custody arrangements where the children live with one parent but the other parent has an arranged visitation schedule. Child custody is only determined after the court reviews a variety of factors to determine what arrangement they believe will be “in the best interest of the child”. Joint custody is generally the preferred child custody arrangement after an Oklahoma City divorce, but the court will not allow joint custody if they determine it is dangerous to the child.

Oklahoma City courts will evaluate a variety of factors to determine the best child custody arrangement including:

• The ability of the parents to allow their child continuous, frequent and positive contact with the other parent
• Whether either parent has been convicted of sex crimes or whether they live with a sex offender
• Whether there is a history of domestic or child abuse by either parent
• Whether both parents are able to meet the physical, emotional and spiritual needs of the child.
• The moral fitness of each parent

Child custody decisions in an Oklahoma City divorce can not be made based on the parent’s gender or race. Child custody cases vary, and the information provided above is general in nature. Contact an Oklahoma City divorce lawyer for specific information about your case. More information about child custody laws in Oklahoma can also be found by reviewing the Oklahoma Statutes, Title 43, Sections: 109 and 112 and Title 10, Sections: 21.1.

Oklahoma City Child Support Laws

Child support guidelines have been implemented throughout the United States to ensure that children are financially supported by their parents in a separation or divorce. Child support is not voluntary and is required under the law. Oklahoma City parents who fail to provide child support after an Oklahoma City divorce can face very severe legal consequences.

Oklahoma has guidelines which determine the amount of child support which must be paid by parents in an Oklahoma City divorce. The amount calculated is based on each parent’s adjusted gross income which is added together to get the total combined gross income for the family. Each parent’s percentage share of the combined gross monthly income will establish the parent’s share of the base child support payment amount. The amount calculated using the Oklahoma state’s guidelines is generally accepted as the correct amount, but Oklahoma City courts may also consider the following factors prior to making their final child support determination in an Oklahoma City divorce:

• What is the income and means of the parents?
• What assets and property do the parents own?

How long do you have to pay child support? Oklahoma statute mandates that child support is paid until your child reaches 18 years of age, turns 19 or graduates from high school. If you have multiple children it may be necessary to get the child support payment amount readjusted when each child turns 18 years of age. Additional information can be found in the Oklahoma Statutes Annotated; Title 43, Sections 110, 112, 118, 119, 121, and 136 and Title 56, Sections 235.

Enforcing Oklahoma City Child Support

What if you are the custodial parent and are not receiving child support from the non-custodial parent? Child enforcement agencies have been established throughout the United States to help parents with various child support services. In Oklahoma the Oklahoma Child Support Services (OCSS) has been established to help Oklahoma City families with the following:

• Helping locate absentee parents
• Establishing paternity
• Enforcing Oklahoma City child support payments for married, divorced or separated parents
• Establishing Oklahoma City child support and medical support orders
• Modifying Oklahoma City child support orders
• Helping other states obtain child support from Oklahoma City parents
• Helping other countries obtain child support from Oklahoma City parents
• Distributing Oklahoma City child support payments

If you have a child and the non-custodial parent is not providing support to you, you can get the help you need from the Oklahoma Child Support Services (OCSS). Oklahoma’s child support laws and the method for computing child support may vary from other states. Contact a Divorce lawyer in Oklahoma City if you have questions about the amount of child support you may be entitled to receive or may be forced to pay.

Oklahoma City Divorce Laws

All states, including Oklahoma, have instituted laws which determine the reasons that couples may file for divorce in their state. Spouses who wish to file for a divorce in Oklahoma City or any other city throughout the state of Oklahoma must list the grounds for their divorce on their petition for dissolution of their marriage and must have evidence to support their claim.

Filing the Petition for Divorce in Oklahoma City initiates the divorce process and allows the court to terminate the marriage. Divorces in Oklahoma City may be granted on the following grounds:

• No-Fault Grounds in the state of Oklahoma
  • Incompatibility – The couple concedes the marriage is irretrievably broken, and there is no chance of marital reconciliation.

• Fault Grounds in the state of Oklahoma
  • Gross neglect of duty
  • Habitual drunkenness
  • Mentally insane for at least five years
  • Abandonment for at least one year
  • Adultery – Either spouse has had sexual relations with another person other than their spouse.
  • Impotence – Either spouse is unable to consummate the marriage.
  • Pregnancy by another man – The wife is pregnant with another man’s child and it was unknown at the time of the marriage.
  • Extreme cruelty
  • Fraud
  • Imprisonment for a felony conviction

  Contact an Oklahoma divorce lawyer for more information about divorcing in Oklahoma City. Additional information about filing for divorce in Oklahoma City can also be found in the Oklahoma Statutes, Title 43, Section: 101.

Oklahoma City Divorce Residency Requirements

Oklahoma has established divorce residency requirements which couples must meet prior to filing for divorce in Oklahoma City or any other city in the state of Oklahoma. Failure to meet these requirements will allow the Oklahoma City courts to dismiss the divorce petition.

Oklahoma City divorce residence requirements are as follows:

• The Oklahoma City divorce petitioner or the Oklahoma City divorce defendant in a divorce action must be a resident in the state of Oklahoma for 6 months preceding the filing of the divorce petition; or
• The Oklahoma City divorce petitioner or Oklahoma City divorce defendant, who has been a resident of any U.S. Army post within Oklahoma for 6 months preceding the filing of the divorce petition, may bring an action of divorce.

Most Oklahoma City divorce petitions are filed in the Oklahoma City County where the petitioner lives. More information about Oklahoma City or divorce residency requirements for all other cities in Oklahoma can be found in Oklahoma Statutes, Title 43, Sections: 102 and 103.

What if you do not meet the divorce residency requirements? You have several options:

1. Attempt reconciliation with your spouse.
2. Wait to file your Oklahoma City divorce petition until you do meet the requirements of the state of Oklahoma.
3. Ask your spouse to file the Oklahoma City divorce petition, if they meet the divorce residency requirements.
4. File in the state where you do meet the divorce residency requirements.

Alimony in Oklahoma City

Oklahoma City spouses who file for divorce may be entitled to alimony (which is more commonly referred to as spousal support). Spousal support in an Oklahoma City divorce can be permanent or temporary and may be paid until the requesting spouse dies or remarries (Okla. Stat. tit. 43 § 134(B) (1992)).

Unlike child support, spousal support payments are not dictated by state guidelines, but rather the courts have discretion to determine the duration and the amount of spousal support in an Oklahoma City divorce which will be paid. This decision is made only after the court evaluates a variety of factors including:

• Can the requesting spouse work outside of the home and maintain their domestic obligations such as caring for a minor child?
• What are the financial needs of each spouse?
• What types of financial contributions has each spouse made to the family?
• What are the vocational and educational skills of each spouse?
• What is the employability of each spouse?
• What is the earning capacity of each spouse?
• What are the financial liabilities of each spouse?
• What is the duration of the marriage?
• Can the paying spouse make spousal support payments and maintain their current standard of living?
• How old is each spouse?
• What is the mental and physical health condition of each spouse?
• What is the standard of living in which each spouse is accustomed?
• Did the requesting spouse sacrifice any educational or employment opportunities to support the paying spouse?
• Which spouse contributed to the divorce through their misconduct (adultery, extreme cruelty, abandonment)?
• Any other factor the Oklahoma City court deems relevant

Spousal support can be a contentious legal battle. Divorce attorneys in Oklahoma can answer your spousal support questions. More information about spousal support payments and calculations can be found in Oklahoma Statutes, Title 43, Sections: 121 and 136.

Legal Separation in Oklahoma City

The state of Oklahoma will allow couples to live apart and separate or “legally separate” as an alternative to filing for an Oklahoma City divorce. The benefit of legal separation is it will allow couples to remain married and enjoy the benefits of marriage while living apart from one another. This arrangement may be preferable for couples who do not want to divorce for religious reasons, who want to maintain their spouse’s health insurance coverage or who want to attempt reconciliation.

Legal separation in Oklahoma will also allow spouses to create a legal agreement which can outline the legal process to deal with common separation issues such as: property distribution, child custody, child support and alimony payments. Legal separation in Oklahoma City is not the same as a divorce, and couples can not remarry until they have filed for and received a legal Oklahoma City divorce. Contact an Oklahoma City divorce lawyer if you are considering filing for legal separation.

Annulment in Oklahoma City

Annulments can be filed in Oklahoma City and any other city throughout the state of Oklahoma if couples meet very specific annulment requirements. Annulments, unlike a divorce, do not terminate a marital contract; it is as if the marriage never occurred.

Grounds for annulments in Oklahoma City annulment include:

1. Underage Marriage – Either spouse in the marriage was too young to consent to the marital contract.
2. Incest – The spouses are too closely related by blood to wed.
3. Impotency – Either spouse is unable to consummate the marriage.
4. Mental Incapacitation – Either spouse was mentally incapacitated and not able to understand and legally agree to the marital contract.
5. Fraud – The marriage was entered into under fraudulent conditions.

Contact a divorce lawyer in Oklahoma City if you have questions about annulment law. In many cases it will be simpler to file for a divorce.

Filing for divorce in Michigan may be one of the toughest decisions you may ever have to make. Whether the idea of a divorce brings you a sense of peace or anxiety, it is important to understand the consequences of your choices. Michigan divorce laws can be complicated, and they vary from other state’s divorce laws. Michigan child custody law, spousal support (alimony), property distribution and other aspects of the Michigan divorce process should be discussed with a Michigan divorce attorney.

Hiring a Michigan Divorce Lawyer

Michigan divorce lawyers believe the more information you have about your Michigan divorce, the better prepared you will be to deal with the outcome. Michigan divorce lawyers understand the complexities of Michigan divorce laws and can answer your Michigan divorce questions. How does a Michigan divorce affect your children or the distribution of your property? Are you entitled to alimony payments in a Michigan divorce? Do not make decisions about your Michigan divorce without contacting a Michigan attorney and letting them evaluate your personal and financial situation.

Children and Divorce in Michigan

Michigan courts will determine Michigan child custody arrangements by deciding what is in the best interest of the child. Under most conditions, the courts tend to favor joint legal custody which allows both parents to participate in the nurturing and responsibility of caring for the child. This arrangement may not be best, and the court may choose another child custody arrangement if they decide joint custody would be detrimental to the child’s safety, physical or mental well-being. Prior to making their child custody decisions, the Michigan court will consider the following:

• The emotional ties, love and affection which exist between the parents and the child
• The capacity of each party to care for the child with affection, guidance and love
• The ability of each parent to provide the necessities of the child’s life including: food, shelter and medical care
• The amount of time the child has been in a satisfactory and stable environment and whether or not a new arrangement is preferable or if it is more desirable to maintain the continuity of the child’s current living arrangement
• The permanence of the current family arrangement and the proposed arrangement
• The moral fitness of each parent
• The physical and mental status of both parents and the child
• The school, home and community record of the child
• If the child is of sufficient age the court will consider their living preference.
• The ability of each parent to encourage and support a continuing relationship between the child and the other parent
• Whether there is a history of domestic violence, either directed against the child or witnessed by the child
• Any other facto the court deems important.

More information can be found in the Michigan Revised Statutes Section 722.23.

Michigan Child Support

Like other states, the state of Michigan has enacted child support guidelines which are used to determine the amount of child support which must be paid. If the court finds strict adherence to the proposed child support guidelines would be unjust, they may choose to deviate from them and require a different child support payment.

Child support is paid until a reaches 18 years of age, until they finish high school or until the child reaches 19 years and 6 months.

Michigan Divorce Laws

If you wish to file a Michigan divorce you must provide the appropriate grounds to the court. Regardless of the grounds, you must have sufficient proof which can be presented to the court. The divorce grounds in the state of Michigan are:

• No-fault grounds – Michigan couples may file for divorce if they can prove their marriage is irretrievably broken, and there is no chance that the marriage can be preserved.

Michigan courts will grant a no-fault divorce if one spouse alleges or both spouses agree that the marriage can not be repaired. Michigan couples must meet all Michigan residency requirements prior to filing for a Michigan divorce.

Michigan Divorce Residency Requirements

Michigan divorces are governed by Michigan state laws, and couples who wish to divorce must meet specific Michigan residency requirements. Meeting Michigan’s divorce residency requirements is generally only a problem if a spouse has moved or is planning to move.

To file a Michigan divorce at least one of the parties in the marriage must have lived in the state of Michigan for at least 180 days prior to filing for the divorce and must have lived in the county where they filed for the divorce for at least 10 days prior to the filing the Michigan divorce complaint.

Exceptions to the Michigan divorce residency requirements may be made if the defendant in the divorce is not a citizen of the United States or was born in another country and fears their minor children may be taken out of the United States by the other parent.

Alimony in Michigan

Michigan state laws do not provide a specific calculation for determining the amount or the duration of alimony payments. Michigan courts will evaluate a variety of factors for each specific case to determine if alimony should be awarded. If you are unsure if you will be required to pay alimony or if you may be entitled to it, talk to a Michigan divorce lawyer for more information.

Michigan courts will evaluate the following factors to determine whether or not Michigan alimony should be awarded:

• The past conduct and relations of each spouse
• The duration of the marriage
• Whether or not each spouse is able to work
• What types of property has been awarded to each spouse
• The age of each spouse
• The ability of the paying spouse to make alimony payments
• The present financial situation of each spouse
• The financial needs and expenses of each spouse
• The mental and physical health of each spouse
• Whether either spouse is responsible for caring for anyone else
• The standard of living in which each spouse is accustomed
• All other relevant factors and principles of equity

Annulment in Michigan

Divorce is the legal process for terminating a valid marriage, but what if the marriage was not viable from its inception? If the marital union was invalid, the state of Michigan will allow, under certain conditions, the marriage to be annulled. Michigan annulments are rare, and it may be easier for couples to file for a divorce than to try to get an annulment. Annulments may be allowed in the state of Michigan for the following reasons:

• Bigamy – One of the spouses was previously married at the time of the marriage.
• Under-aged – One of the spouses was under the age of 16 or one of the parties has been declared legally incompetent to make the decision to marry. The marriage must be annulled prior to the under-aged spouse turning 18 years old.
• Fraud – One spouse possessed knowledge of something that if the other spouse had known about it they would have chosen not to marry.
• Duress – One of the spouses was compelled or forced to marry.
• Impotence
• Sterility
• Venereal disease

Alimony is not awarded in an annulment, although property and debt will be divided as they would have been divided in a Michigan divorce.

Legal Separation in Michigan

If you live in Michigan and you desire to live apart from your spouse due to marital discord, but you do not want to divorce, Michigan does not have what many people term a “legal separation” but they do have other means to sever your marital relationship and establish your own separate life.

Michigan allows for couples to separate and live apart using what they term a Judgment of Separate Maintenance. A Judgment for Separate maintenance is virtually identical in every way to a Michigan divorce. In fact, the petitioner will be required to complete similar forms and paperwork and plead their case under similar grounds but the couple remains married until they choose to divorce.

Under a Judgment for Separate Maintenance the courts are allowed to divide all property, assets and liabilities, and they also may order one spouse to pay the other Michigan spousal support. Child custody will also be determined by analyzing all the issues the court determines relevant to determining the arrangement that is in the best interest of the child. Other issues such as parent visitation and child support payments will be made using criteria that is used in a Michigan divorce.

A Judgment for Separate Maintenance can be vacated at any time or converted by the court to a Michigan divorce. Due to the complexities of Michigan law, it is a good idea to discuss your desires to enter into a Judgment for Separate Maintenance with a Michigan Divorce lawyer.

Filing for an Arlington divorce, even in the best of circumstances, can be emotional and scary. How much child support can your children receive? How will your property be distributed? Are you entitled to spousal support? All these questions should be answered by an Arlington divorce attorney who understands the complexities of Texas divorce law before you file for divorce.

Talk to a divorce lawyer in Arlington. Find someone who is dedicated to working hard to make sure you get the best possible outcome for you and your family.

Children and Divorce in Arlington

Divorce is hard on children, and if you are like most parents you would do anything you can to lessen the emotional impact of the divorce on your children. The right child custody arrangement can help to create a consistent and positive living arrangement for your kids.

Texas child custody laws will allow you, the parents, to work together to create what the court calls a “managing conservators”. The managing conservatorship allows either a sole managing conservatorship or a joint managing conservatorship.

If parents are unable to agree to a managing conservatorship, the court can intervene and help determine what type of custody arrangement is in “the best interest of the child”. Arlington courts generally favor a joint managing conservatorship in most Arlington divorces because it allows parents to have a continued role in the child’s development. This type of arrangement will not be allowed, however, if the court determines it is not in the child’s best interest.

Factors the Arlington court will consider prior to making their final child custody decision includes:

• Will both parents encourage and facilitate a positive and continuous relationship between the children and the other parent?
• Have both parents been consistently involved in rearing the child prior to the Arlington divorce?
• How far does each parent live from the other parent?
• If the child is 12 years or older what is their custody preference?
• What are the psychological, emotional and physical needs of the child?
• Can each parent prioritize the welfare of the child and make decisions in the best interest of the child?
• All other child custody factors the Arlington court determines are important to their decision

Arlington divorce and family law attorneys work with clients each year to help determine custody arrangements after Arlington divorces. Contact an Arlington divorce lawyer for more information or review the Texas statutes concerning child custody in an Arlington divorce in the Texas Family Code, Section 153.004, 153.005, 153.131, and 153.154.

Arlington Child Support

Texas has created child support guidelines to ensure all children of divorced parents are financially supported until they are 18 years old or until they have graduated from high school. Mentally or physically disabled children may be entitled to child support payments indefinitely.

Child support in an Arlington divorce is calculated by multiplying the proper percentage (as defined by the guidelines) by the paying parent’s net income. The net income is determined by subtracting certain types of income from the parent’s gross income such as the following: federal income tax, social security taxes, state income tax, any union dues and health insurance premiums for the children

Arlington courts generally accept the calculated child support payment as accurate unless, after examining the following child support factors, the calculated amount is determined to be unjust:

• The cost of childcare
• Whether the parent has physical custody of the child
• Whether either parent is receiving or paying spousal support
• The educational costs for the child
• Whether either parent has their automobile or house paid for by their employer
• The amount of debt each parent is servicing
• The age of the child
• The financial needs of the child
• Whether there are other resources to support the child
• The amount of time each parent spends with the child
• The financial resources of the paying parent
• Whether the supporting parent has intentionally become underemployed or unemployed to avoid paying child support
• The medical expenses for the child, including insured and uninsured costs
• The cost and time for each parent to take possession or visit the child
• All extraordinary costs including education and healthcare
• Whether the non-custodial parent has access to the child
• Whether each parent has a positive or negative cash flow from other assets and investments
• All other child custody factors which must be considered by the Arlington court

Child support may be a contentious legal battle in an Arlington divorce. Contact an Arlington divorce lawyer for more information about child support payments or review the state laws for child support found in the Texas Family Code, Section 154.122, 154.123, and 154.124.

Enforcing Arlington Child Support Orders

Parents are responsible for providing financial support to their children. Most parents pay child support after their Arlington divorce, but some parents do not. If you are the parent of a child who is not receiving their child support payment you may be able to get help from the Office of the Attorney General’s Child Support Division.

Child support services offered by the Office of the Attorney General’s Child Support Division are provided to Arlington families at no direct cost to the parents (although they are funded indirectly through taxes).

Child support services provided by the Office of the Attorney General’s Child Support Division after an Arlington divorce can include:

1.     Enforcing Arlington medical support orders

2.     Reviewing and modifying Arlington child support payments

3.     Collecting and distributing Arlington child support payments

4.     Establishing paternity of a child

5.     Locating absentee parents

6.     Enforcing Arlington child support orders

Arlington Divorce Laws

Texas has instituted specific grounds for filing for divorce in Arlington and throughout the state of Texas. Divorces in Arlington may be filed under no-fault and fault grounds. All grounds for divorce must be supported by evidence or the court may have the legal authority to dismiss your divorce petition.

Grounds for divorce in Arlington include:

No-Fault grounds

No-fault divorces may be filed in Arlington, Texas, if spouses can prove “insupportability”. This condition states that the marital conflict and discord has become so severe that there is no expectation that the marriage can be repaired. This is the most common grounds for Texas divorces.

Fault grounds

Couples may file for divorce in Arlington, Texas, under the following fault grounds:

1.     Adultery – If either party in the Arlington divorce can prove their partner has had sexual relations with another person

2.     Conviction of a Felony – If either party in the Arlington divorce has been convicted of a felony and has been in the state jail or federal prison for longer than one year without being pardoned

3.     Abandonment – If either party in the Arlington divorce has left the residence and has been gone for at least one year without an intention of returning

4.     The couple has lived apart without cohabitation for more than three years.

5.     Cruelty – If either party in the Arlington divorce is the victim of extreme mental or physical cruelty

6.     Confinement in a Mental Hospital – If either party in the Arlington divorce has an incurable disabling mental health condition, and they have been confined to a mental hospital for more than 3 years

Arlington divorce lawyers can provide more detailed information about divorce grounds in Arlington and throughout the state of Texas. More information for your Arlington divorce can also be found in the Texas Code, Family Code, Chapter: 6.001-6.007).

Annulments in Arlington

Annulments are legal under Texas law. If you or your spouse wishes to annul your marriage you must meet certain requirements defined in Texas state statutes. Annulments have become increasingly rare due to the increase in no-fault divorce, and it may be easier to file for a divorce in Arlington than qualify to have your marriage annulled.

Contact an Arlington divorce lawyer if you are considering an annulment. Generally, annulments will be allowed in Arlington and throughout the state of Texas if the courts find the marriage was void from its inception or it is what the courts consider “voidable”.

Marriages that may be void at their inception include:

• Consanguinity – Either spouse is too closely related by blood to marry.
• Bigamy – Either spouse has been previously married and attempts to remarry a second time without getting a valid divorce.

Marriages that may be voidable under Texas state law:

• Underage Marriage – Either party was too young to consent to the marriage contract.
• Under Influence of Alcohol or Drugs – Either spouse was under the influence of drugs or alcohol when they got married.
• Impotency – A spouse is unable to sexually consummate the marriage. This condition must be expected to be permanent.
• Fraudulent Marriage – Either spouse misrepresented themselves in an attempt to get the spouse to marry them.
• Marriage under Duress – Either spouse was forced to marry.
• The marriage took place less than 72 hours after the marriage license was issued.

Annulment petitions must be filed with the appropriate Arlington district court. Contact an Arlington divorce lawyer if you have questions about annulments.

Arlington Divorce Residency Requirements

All states have instituted divorce residency requirements for couples who wish to file for divorce. Failure to meet the divorce residency requirements in Texas will allow the court to dismiss the divorce petition. Most couples will not have difficulty meeting the divorce residency requirement unless they have recently moved or they are planning to move in the near future.

In Arlington and any in other city in Texas, couples must meet the following divorce residency requirements:

• Either spouse in the marriage must have been a resident of the state of Texas for 6 months and a resident of the county in which the divorce petition is filed for 90 days preceding the petition filing.
• Paperwork must be filed with the District Court of Texas in the county in which either spouse resides.

Contact an Arlington divorce lawyer if you have questions about whether or not you meet the divorce residency requirements to file for divorce in Arlington. More information can also be found the Texas Code, Family Code, Chapters: 6.301.

Alimony in Arlington

Spousal support or alimony may be awarded to either spouse in an Arlington divorce. Spousal support payments are generally temporary and are given to allow the requesting spouse in an Arlington divorce the opportunity to get adequate training, education or employment to provide their own financial support.

Spousal support, as defined under Texas statutes, is granted for a specific time period (generally for 3 years) from the date of the Arlington spousal support order. Mentally or physically disabled spouses who are unable to work may qualify to receive spousal support indefinitely. Spousal support payments after an Arlington divorce can not be more than $2,500 per month or 20% of the ex-spouse’s average monthly gross income, unless the couples agree to a greater sum.

Arlington courts will not award spousal support in an Arlington divorce before they evaluate a variety of factors including:

• The length of the marriage
• The age of each spouse
• The mental and physical health of each spouse
• The earning power of the requesting spouse
• The requesting spouse’s contributions toward the education, training and employment of the other spouse
• The comparative financial resources of each spouse
• The contributions of the requesting spouse as a homemaker
• Whether the requesting spouse contributed to the Arlington divorce through their misconduct
• The efforts the requesting spouse has made to find suitable employment
• The marketable and educational skills of the requesting spouse
• How much time it will take the requesting spouse to acquire the necessary skills to find suitable employment
• The financial resources of the requesting spouse
• Whether the paying spouse has the ability to meet their financial needs and make all of their required child support payments

Spousal support can be a difficult legal battle for divorcing couples in Arlington. Contact an Arlington divorce lawyer if you have questions about the amount of spousal support you may be required to pay or be entitled to receive in an Arlington divorce. More information can also be found in the Texas Code, Family Code, Chapters: 8.001-8.055.

Legal Separation in Arlington

Legal separation is not recognized in Texas, Delaware, Virginia, Florida, Georgia, Mississippi, and Pennsylvania. In Texas, couples are considered married unless a spouse dies, files for divorce or obtains an annulment. Filing for divorce in Arlington allows provisions to be made to determine child support payments, visitation, child custody and spousal support. Separation does not necessarily offer the same options, in fact, because Texas is a community property state if you are separated and living apart the property you acquire will not be considered separate property.

If you are wanting to separate and live apart in Arlington, contact an Arlington divorce attorney to find out legal ways to protect yourself during the separation.

Are you considering filing for divorce in Illinois? If you are, you are not alone. Current divorce statistics suggest over 50% of today’s marriages will end in divorce. Regardless of whether or not the idea of divorce fills you with a sense of a relief or dread, it is important to understand the long-term ramifications a divorce can have on you and your family.

Divorce laws in Illinois vary from other states, and they can be complicated. Whether you have divorce questions about child custody, child support payments, alimony or property distribution, it is important to contact an Illinois divorce lawyer for divorce help.

Hiring an Illinois Divorce Lawyer

Divorce lawyers in Illinois help thousands of Illinois state residents each year. Illinois divorce lawyers understand that Illinois divorce is complicated and stressful. If you have children or property, it is imperative that you contact a divorce attorney in Illinois today. Do not wait until you are in court to realize you did not fully prepare for your Illinois divorce. Illinois divorce lawyers will review the facts of your divorce and make sure you make good divorce choices.

Children and Divorce in Illinois

Courts in Illinois will develop child custody arrangements which they believe are in the best interest of the child. The courts hope parents can agree on a parenting plan and submit their own plan for the court to review, but if they can not, the Illinois court will make the decision for them. Social workers may be asked to conduct a home study or both the parents and child may need to meet with a psychologist to provide information which may assist the court. Prior to determining a child custody arrangement the court will review the following factors:

• The parent’s child custody preference
• The child’s custody preference
• The relationship the child has with the siblings, parents and other household residents
• The ability of the child to adjust to school, community and home
• The health of the parents
• The health of the child
• The ability of each parent to encourage a loving relationship with the other parent
• Any factors which may endanger the child including a history of domestic or sexual violence by either parent

Illinois Child Support

Child support laws are outlined in Illinois statutes. Child support payments are calculated based on a certain percentage of the spouse’s net income and the number of children. Under certain conditions the court may deviate from the outlined Illinois child support guidelines, but there must be a written explanation for all deviations. Illinois courts will evaluate a variety of factors before determining the child support payment amount including:

• The financial resources of the child
• The financial resources of the custodial parent
• The standard of living in which the child is accustomed and which would have continued if the marriage had not ended
• The emotional and physical needs of the child
• The child’s educational needs
• The financial resources of the non-custodial parent

Illinois’ Department of Health and Family Services helps parents gather child support payments from the non-custodial parents. They can also help with other services including enforcing payment and establishing paternity. If you are the custodial parent and have been left with the responsibility of caring for a child without adequate financial support from the non-custodial parent, contact the Illinois’ Department of Health and Family Services or a Illinois family lawyer for more information about enforcing child support payments.

Parents who refuse to pay their child support payments may have their income tax refunds intercepted, assets seized, passport denied or license suspended. Actions will not be taken without first notifying the non-custodial parent, but it is important to realize that in the state of Illinois a parent is responsible for caring for their children.

Illinois Divorce Laws

Dissolution of marriage in the state of Illinois is the legal act for ending the marriage through an Illinois court action. All states have specific grounds for dissolution of marriage. Regardless of the grounds for a divorce, you must be able to substantiate your claim in divorce court.

Divorce grounds in Illinois include no-fault and fault. Illinois spouses may file divorce on no-fault grounds for the following reasons:

• The spouses have lived apart and separate for at least 2 continuous years, and there are irreconcilable differences which have caused their marriage to be “irretrievably broken”. If both spouses agree to waive the 2 year requirement, it can be waived through written stipulation in court.

Illinois couples may also divorce on the grounds of “fault” which includes:

• Impotence
• Habitual drunkenness for at least 2 years
• Drug addiction for at least 2 years
• A spouse was already previously married and the husband or wife is currently living.
• Adultery
• Willful desertion
• Repeated and extreme mental cruelty
• Repeated and extreme physical cruelty
• Infliction of a sexually transmitted disease

Legal Separation in Illinois

Legal separation, although available in Illinois, is not frequently done. Filing for legal separation requires legal papers to be completed and filed in court. Legal separations allows each party to appear in court before a judge and have orders issued which will outlined alimony and child support payments and distribute property. The main difference between a legal separation in Illinois and a divorce is that the couple is still married. Legal separations may be converted to an Illinois divorce at any time.

Illinois Divorce Residency Requirements

All states have a residency requirement for filing for divorce. In the state of Illinois a court may enter a judgment for dissolution of marriage if one spouse was a resident of the state for at least 90 days prior to filing for divorce. The divorce should be filed in the county where either the petitioner or the defendant lives. More detailed residency information can be found in Illinois Compiled Statutes 750, Chapter 5 – Sections: 104 and 401.

Illinois divorce residency requirements can be complicated. Contact an Illinois divorce lawyer if you have questions.

Alimony in Illinois

Illinois courts may award alimony payments to either party, but neither party is entitled to Illinois alimony. Alimony may be awarded either permanently or temporarily. The court will not consider marital misconduct when calculating alimony. Factors which will be considered include:

• The financial needs of each spouse
• The income of each spouse
• Marital property which has been distributed to each spouse
• The current and future earning capacity of each spouse
• The amount of time either spouse devoted to domestic duties or sacrificed their present or future earning ability by delaying education, training, employment or other career opportunities
• The amount of time the requesting spouse will need to get adequate training and education to acquire employment
• Whether or not the requesting spouse is the custodian of a child and these duties make it inappropriate or difficult to seek employment
• The standard of living each spouse was accustomed to while married
• The mental and physical condition of each spouse
• The length of the marriage
• The tax consequences of property distribution
• Any valid agreement of the parities
• Any contributions which were made by one party to the other for education, career development or training
• All other relevant factors

Annulment in Illinois

An Annulment or a Declaration of Invalidity of Marriage is allowed under Illinois law. Under annulment laws once the court has given you and your spouse an annulment it is like your marriage never existed. Annulments can be requested for a few reasons and must be done within a specified time period. Illinois marriages may be claimed invalid for the following reasons:

• The marriage was made with coercion or under duress. This must be done within 90 days of learning of the condition.
• Mental incapacity of one of the individuals. This must be done within 90 days of learning of the condition.
• The marriage was made under “fraudulent grounds” which refers to “the essentials of marriage”. This must be done within 90 days of learning of the condition.
• One of the parties is physically incapable of consummating the marriage. An annulment under these grounds can be made up to 1 year.
• One of the parties was under-aged and did not have the consent of their parents. An annulment under these grounds can be made before the minor turns 18 years old.
• The marriage is made between close blood relatives.

Need a Texas divorce? Texas divorce laws can be complicated. Whether you need information about Texas child custody or Texas child support or if you are wondering if you will receive spousal support or alimony, you may need to talk to a Texas divorce lawyer. Divorce can be scary, and it may be one of the toughest decisions you ever have to make. The Texas divorce process is not easy to navigate, and unless you understand Texas divorce laws, you may need to contact a Texas divorce lawyer. If you have children or if there is property which must be distributed, let a Texas divorce lawyer do the work for you.

Hiring a Texas Divorce Lawyer

How do you know if you are making good divorce decisions for your family? Talk to a Texas divorce attorney.  Whatever your Texas divorce questions, a good Texas divorce attorney can answer your questions and help you file for divorce. Filing for divorce in Texas is never an easy decision and should only be done after you have the right divorce information.

Children and Divorce in Texas

Texas child custody decisions are probably the toughest decisions in most Texas divorce cases. Parents may be able to file their own parenting plan with the Texas court if they can agree about who will have legal custody of their child. Texas child custody laws use the term managing conservator to describe who has legal custody of the child. Parenting plans may outline a sole managing conservator or a joint managing conservator.

If the parents are unable to complete their own child custody plan, the court may determine custody for the child by deciding what plan is in the “best interest” of the child. Courts prefer to make the parents joint managing conservators, but this is only done after reviewing the following factors:

• Are both parents able to provide the psychological, emotional and physical needs of the child?
• Are the parents able to make the welfare of the child their first priority and make decisions which are in the best interest of the child?
• Can each parent accept and encourage a positive relationship between the child and the other parent?
• Did both parents participate in the child rearing of the child prior to the divorce?
• What is the geographical proximity of the parent’s residences?
• What is the child’s preference (if they are 12 years or older)?
• Any other relevant Texas child custody factors the court determines should be considered in their child custody decision.

Texas child custody decisions can be difficult, and while most parents want what is best for their child, they may not always agree on child custody arrangements. Contact a Texas divorce lawyer for more information about Texas child custody laws. More detailed information about child custody in Texas can be found in the Texas Family Code, Section 153.004, 153.005, 153.131, and 153.154.

Texas Child Support

Texas has established child support guidelines which are calculated based on the percentage of the net income of the noncustodial parent. Texas courts assume the child support calculated amount is reasonable but might, under certain conditions, deviate from the calculated amount. The court may consider the following factors in determining Texas child support payments:

• What is the age and needs of the child?
• What is the ability of the parents to contribute to the support of the child?
• What are the financial resources available to support the child?
• How much time does each parent have with the child?
• How much access does each parent have to the child?
• What is the amount of the net resources of the paying parent?
• Is the paying parent intentionally unemployed or underemployed?
• What are the child care expenses of both parents in order to maintain gainful employment?
• Does either parent have physical custody of another child?
• How much alimony or spousal support is each parent receiving?
• What are the educational expenses of the child?
• Does either parent have certain expenses such as automobiles or housing provided by another person or their employer?
• What are the provisions for healthcare and other uninsured medical costs?
• Does either party have extraordinary expenses for healthcare or educational costs for the child?
• Are their extraordinary costs to travel and take possession or to have access to the child?
• Does either parent have negative or positive cash flow from personal property, assets, business or investments?
• What debts are currently serviced by each parent?
• Any other factors the court considers relevant to their child custody decision.

More information about Texas child support laws can be found in the Texas Family Code, Section 154.122, 154.123, and 154.124.

Child support payments in the state of Texas are calculated to ensure that children of divorced parents do not have to live in poverty. The hope for all Texas children is that they will be given the same financial opportunities as other children whose families did not divorce. Most parents want to provide financially for their children, but if you are the custodial parent and you are not receiving child support, there is help available.

The Office of the Attorney General’s Child Support Division provides Texas parents with a full range of child support services at no cost for the parents. The services are funded by the state of Texas and the federal government. The Child support division provides the following services:

1.     Establishing paternity of a child

2.     Locating absentee parents

3.     Enforcing Texas child support orders

4.     Enforcing Texas medical support orders

5.     Reviewing and modifying Texas child support payments

6.     Collecting and distributing Texas child support payments

Texas Divorce Laws

Texas couples may file for divorce on fault and no-fault grounds. The Petition for Dissolution for marriage will be granted by the Texas court if the couple files using the proper grounds and has sufficient proof to support their claim.

Texas grounds for divorce may include the following:

• No-Fault grounds –

1.     Insupportability – this grounds for divorce states the couple’s marriage is broken and there is no chance of reconciliation. This is the most common grounds for divorce in the state of Texas.

• Fault grounds –

1.     Cruelty – This can include mental or physical cruelty.

2.     Adultery – One spouse has had sexual relations with another person who is not their wife.

3.     Conviction of a Felony – Conviction of a felony may be used for grounds for a Texas divorce if either spouse has been convicted of a felony, has been in the federal or state jail for longer than a year and has not been pardoned.

4.     Abandonment – If a spouse has left and has been gone for at least one year without an intention of returning, this is grounds divorce.

5.     Living apart without cohabitation for more than three years.

6.     Confinement in a Mental Hospital – If a spouse has been confined to a mental hospital for more than 3 years and it is believed they will never recover from their mental illness, this is grounds for a Texas divorce.

If you have questions about filing for a Texas divorce, contact a Texas divorce lawyer. More information can also be found in the Texas Code, Family Code, Chapter: 6.001-6.007).

Texas Annulment

Texas annulments are the legal process for a Texas court to declare a marriage legally invalid. Annulments vary from a Texas divorce which simply terminates the marriage contract. Texas marriages may be annulled for the following reasons:

• Underage – If one spouse was under the legal age to marry, the marriage may be annulled.
• Under the influence of narcotics or alcohol – If one spouse was incapacitated by alcohol or narcotics and not able to consent to the marriage, the marriage may be annulled.
• If one party concealed a divorce within the past 30 days, the marriage may be annulled.
• If the Texas marriage occurred less than 72 hours after the license was issued, the marriage may be annulled.
• Mental incapacity
• Consanguinity – If the spouses are blood relatives, the marriage may be annulled.
• Fraud
• Duress or force

If you are your spouse would like to seek a Texas annulment an annulment petition must be filed with the District court. Annulments can be difficult to get, and it may be easier to file for a Texas divorce.

Texas Divorce Residency Requirements

Couples who wish to file for a Texas divorce must meet the divorce residency requirements of the state. Failure to meet Texas divorce residency requirements may allow the court to dismiss your Texas divorce case. Most couples do not have to worry about Texas divorce residency requirements unless they have recently moved or are planning to move. Texas divorce residency requirements are as follows:

• Either spouse to the Texas marriage must have been a resident of the state of Texas for six months and a resident of the county in which the divorce petition is filed for 90 days preceding the petition filing.
• Paperwork must be filed with the District Court of Texas in the county in which either spouse resides.

If you are not sure you meet the divorce residency requirements, you may contact a Texas Divorce attorney for more information.

Alimony in Texas

Texas alimony is called spousal support. It can provide a spouse, who lacks sufficient financial resources, the ability to pay for their reasonable financial needs. Texas spousal support is not guaranteed, and unlike child support payments, it is not calculated based on Texas guidelines.

Spousal support is most often awarded if the receiving spouse can prove they are unable to work due to a physical or mental disability. Texas spousal support may also be awarded if the requesting spouse is caring for a child and is prevented from working outside of the home. Other factors the court may consider to determine the amount and duration of support include:

• The financial resources of the requesting spouse
• The education and skills of the requesting spouse and the amount of time it would take for them to acquire adequate training and education to find suitable employment
• The duration of the marriage
• The age of each spouse
• The employment history and the earning capacity of each spouse
• The mental and physical well-being of each spouse
• The efforts of the requesting spouse to find suitable employment

Texas spousal support is granted for 3 years from the date of the divorce. It is presumed that this amount of time should give spouses time to find suitable employment and become self-sufficient. Spousal support may be allowed for longer if the requesting spouse is disabled. Spouses may also agree to a different time limit.

Under Texas laws the spousal maintenance may not exceed $2,500.00 per month or 20% of the ex-spouse’s average monthly gross income however, couples may agree to a larger sum.

Legal Separation in Texas

Legal separation is recognized in every state except Delaware, Virginia, Florida, Georgia, Mississippi, Pennsylvania and Texas.  Although legal separations are not recognized in Texas, protection can be obtained if you and your spouse decide to separate and live apart by filing a separation agreement or property petition.

A separation agreement is a legal document which outlines details of the separation including spousal support, property division and child custody issues. Talk to a Texas divorce lawyer for information about formalizing the agreement, which may require filing the application in court so a Texas court judge can sign the agreement. Failing to get the settlement agreement signed may make the agreement unenforceable if your spouse does not agree to follow what has been outlined in the agreement.