FAQ's are general information only and should not be used as a substitute for speaking with an attorney about your specific facts. Nothing contained in this website constitutes legal advice. Attorney - Client relationships are established with the Law Office of Laura D. Heard PC only by a written contract signed by all parties.
If we get divorced, how do we divide the property?
You and your spouse can agree on how to divide the property. But if you are unable to reach an agreement, your attorney, and the courts can help resolve that issue. With complicated issues like investments and retirement funds, a qualified attorney can help you evaluate these assets. Once an order is entered for the division of property, the attorney can assist with deeds and other title transfer documents.
What is community property?
Texas presumes all things earned or acquired during the marriage is community property, regardless of whether the husband and wife were separated or whose name is on the title. Things that are not community property are those things earned prior to the marriage, or obtained by a gift or inheritance at any time. The spouse who wants to claim separate property has the burden of proving that property is not community property. Often the question of whether certain property is separate of community must be decided by the courts.
What is the difference between “alimony” and “child support”?
In Texas, alimony, also known as “spousal support” or "post-divorce maintenance"refers to payments made by a former spouse to the other spouse to provide financial support for that former spouse. Child support refers to payment made by one parent to another for continuing financial support for the children.
How much child support must I pay if we get divorced?
In Texas, the amount of child support you would pay if divorced is based on several variables, including: how many children you have, your income, and any special needs the children may have. It could be adjusted, based on a change in income or circumstances, and is usually paid until the child reaches 18, completes high school, or even later depending on the circumstances. It is best to consult with an attorney who can give you specific advice relating to your situation. To know the exact amount of your child support, the attorney will need to know about ALL your sources of income, including gross pay, bonuses, commissions, or other income.
Do I need a Will?
You might need a will if you have children and/or have property. A will is the best way to distribute your assets or property in the manner you choose and to the people you select. A will usually makes the process much less expensive and time-consuming for your loved ones.
What is the difference between a “living will” and a “living trust”?
There is a major difference between these two documents. The ”Living Will”, known as a “Directive to Physicians” tells your doctor whether you wish artificial life support if you become unconscious or unable to communicate your medical choices. A Directive to Physicians is similar in purpose to a medical power of attorney but is broader in scope. A Living Trust has nothing to do with your medical care, other than perhaps the payment for medical care. A Living Trust distributes your property, and may be used as a substitute for a will. Living Trusts are often used to avoid estate taxes. For a much more detailed article on the difference between living trusts and living wills, click on the tab for "Wills, Trusts & Probate," and go to the bottom of the page.
What is a Medical Power of Attorney?
A medical power of attorney allows a family member, or whomever you choose as your agent, to act on your behalf, should you be hospitalized and unable to make decisions for yourself. It gives that responsibility to a family member so that your medical wishes and choices are followed.
ONLINE RESOURCES:
Support Groups
www.heart2heartsa.org
www.beginningexperience.com
Family Law Links
www.divorceHQ.com
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