Frequently Asked Questions
Answers from Our Beaumont Divorce Attorneys
Divorce can be incredibly difficult and it always has a huge impact on
your future and your family. Because of this, we know that you may have
many questions. Having the answers can greatly assist in your chances
to receive a favorable outcome, protect your children and your assets,
and help ensure that your best interests are always well-protected.
Learn more by reading some answers below or call Shelander Law Offices
at 409.204.0895 to schedule your
complimentary personalized consultation.
What is the difference between a contested and uncontested divorce?
Some couples are able to reach an agreement about their divorce issues
without having to involve the court. In these uncontested divorces, a
couple can talk out their issues and come to a decision on maintenance
or support payments, custody issues, property division, and more. Uncontested
divorces can therefore save you stress, time, money, and disrupt your
children as little as possible.
However, sometimes you cannot avoid a contested divorce. These occur in
matters where there are contentious issues, where spouses cannot agree,
or when you and your spouse cannot come to an agreement. In these cases,
your attorney may ask for the court’s help in making decisions.
The judge will review the facts and make his or her decision based on
the circumstances and the best interests of your children.
Can I ask for alimony?
Known as spousal maintenance in the state of Texas, these payments can
help a spouse after a divorce. Maintenance is awarded by the court based
on the circumstances of the case, including proving a need, showing that
one spouse needs the training or education to join the workforce, mental
or physical disability preventing one spouse from working, or an imbalance
in the monetary contributions made in the marriage, among other issues.
How is property divided during a divorce?
Texas is known as a community property state, which means that most things
acquired during a marriage belongs to each spouse and any property gained
separately belongs to that individual spouse. Community property is divided
equally, depending on the circumstances of the divorce, the financial
need of each spouse, and proving any fault, along with other issues. The
court may also divide a spouse’s pension, 401(k), or other benefit
with a Qualified Domestic Relations Order (QDRO).
How is child support determined?
Texas employs a calculation to determine how much child support a spouse
may be ordered to pay. This is based on your monthly net income, including
your salary, tips, rental income, and other sources of income, minus taxes
and dues, and medical expenses. This is then multiplied by a percentage
based on the number of children you have.
My circumstances have changed. Can I modify my agreements?
Family law courts understand that people remarry, move for work, or gain
or lose employment. In these cases, it may be necessary to
modify your divorce agreement and settle new terms regarding custody of your children, child or spousal
support payments, or move-away agreements. In order to do this, you and
your attorney will have to prove that your changed situation requires
a change in terms. You may also have to prove that your child’s
circumstances are dangerous or not conducive to their upbringing.