Family Law: FAQ

Rockwall Divorce Lawyer

Attorney Shannon M. Estrada is a skilled and experienced divorce and family law attorney. If you are facing divorce or another family law issue such as child custody disputes or visitation issues then you will greatly benefit from the legal assistance of Rockwall divorce attorney, Shannon M. Estrada. There are many questions that are posed to this law firm on a regular basis regarding various family law issues. The following are some of the more common questions that are asked, if you have questions then maybe these will help to answer some of them:

Q: What is annulment of marriage?
A: An annulment of a marriage is a way of undoing a marriage. While a divorce recognizes a marriage and then undoes the contract, an annulment basically nullifies and voids the marriage certificate in order to make it like the marriage never happened. In order to obtain an annulment you must be able to prove various elements such as one of the party members lacked the capacity to consent to the marriage through drugs, alcohol or other reasons. Another element that would qualify a marriage for annulment is if one of the members was induced to enter the marriage by force or fraud.

Q: What are some grounds for divorce?
A: There are many different grounds that a court in Texas will accept as a basis for the dissolution of a marriage. The most common ground is irreconcilable differences, this is the "no fault" divorce. In a no-fault divorce, you do not have to show proof that the other spouse did anything wrong in order for the divorce to be granted. If one spouse however, is solely at fault for the divorce then the courts may take that into consideration when they are dividing the property. Other legal grounds that show cause for divorce include adultery, impotency, desertion, attempted murder of the spouse and physical cruelty among many others. If you are seeking a divorce, then speak with a legal representative in order to determine how best to proceed.

Q: What are child support, child custody and visitation?
A: Child custody is referred to as conservatorship in Texas. In most cases, the parents are appointed joint managing conservators. Typically, one parent is given the exclusive right to designate the primary residence of the child, and the other parent has possession and access to the child/children pursuant to standard possession order. If you are denied custody of your child entirely then you may be given visitation, or possession and access rights, in order to spend time with your child whether supervised or unsupervised. Child support is calculated based upon Texas Family Code Guidelines. The court may order one or both parents to support a child in a manner as specified in their order. In each of these issues, the primary consideration is the best interest of the child.

Q: How is property divided in the event of divorce?
A: When it comes to dividing up the property and the assets, the court will consider several factors, dependent upon the specific facts of your case, to determine an equitable division of community property. Community property describes any property acquired during the marriage.

Q: How long does it take for the divorce to become finalized?

A: In the state of Texas, the divorce may not be made final until at least 60 days after the divorce petition was filed. Depending upon the complexity of the proceedings and the individual circumstances of each case, proceedings may extend from 60 days to over two years.

Q: How is child custody determined?

A: If you and your spouse are able to agree on a child custody arrangement then the courts will usually honor it. If the court has to decide on the custody agreement however, they will always rule in favor of the child’s best interests. There are several factors that go into determining child custody including: the parents’ wishes, the child’s wishes, the mental and physical health of the parents, the time each parent has to spend with the child, the stability and support of the home, the adjustment the child will have to make with school and home environments, the geographical proximity between the parents, whether the parents are “fit” to care for the child, and the child’s relationship with each parent and sibling.

Q: What is the residency requirement in order to file for divorce in Texas?
A: In order to file a divorce petition in the state of Texas, one spouse must be a resident in the state for a consecutive six months. There is an additional prerequisite which requires that one spouse must have lived in the county where they filed for at least 90 days.

How can the Law Offices of Estrada & Estrada help you?

Attorney Shannon M. Estrada is a skilled and experienced divorce and family law attorney. Ms. Estrada has a long history of success in the cases that she handles and many satisfied clients whom she has represented. If you are facing divorce, then it is vitally important to your future that you have skillful legal representation on your side in order to protect your rights regarding your children and your property.

Contact Rockwall divorce lawyer Shannon M. Estrada to discuss your case today.

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