Texas family law is gender-neutral, meaning that courts are not supposed to discriminate against men or women. However, there are unique challenges that women may face in family law disputes, such as child custody, child support, and division of assets.

If you are a woman facing a divorce or family law dispute in Texas, it is important to have an experienced family law lawyer on your side. A good lawyer can help you understand your rights and interests and can represent you in court to ensure that you get a fair outcome.

Here are some of the unique challenges that women may face in family law disputes in Texas:

Child custody: Women are often the primary caregivers for children during the marriage, and they may face challenges in obtaining primary custody after a divorce.
Child support: Women may be more likely to be awarded child support, but they may also face challenges in collecting child support payments from their ex-spouses.
Division of assets: Women may be more likely to be awarded the marital home and other assets that are important to their children, but they may also face challenges in dividing marital assets fairly.

If you are a woman facing a divorce or family law dispute in Texas, it is important to speak to an experienced family law lawyer. A good lawyer can help you develop a strategy for your case and can represent you in court to ensure that you get a fair outcome.

When choosing a family law lawyer, it is important to find someone who has experience representing women in family law disputes. You should also feel comfortable with your lawyer and trust they will represent your best interests.

Here are some questions you can ask potential lawyers:

What is your experience representing women in family law disputes?
What are your fees?
How will you keep me informed about my case?
What is your communication style?
What are my chances of success in my case?

It is also important to get everything in writing, including your fee agreement and any other agreements you reach with your lawyer. An experienced divorce lawyer at The Law Offices of Richard C. McConathy can help you achieve the best possible outcome for you and your family.

Child Custody Decisions

Under Texas Family Code § 153.002, the best interest of a child is always the primary consideration of a court in determining the issues of conservatorship and possession of and access to a child. Texas Family Code § 153.003 further establishes that the court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining which party to appoint as sole managing conservator; whether to appoint a party as joint managing conservator; and the terms and conditions of conservatorship and possession of and access to the child.

In other words, the tender years doctrine, which is an outdated legal concept that once gave mothers an advantage in child custody cases based on the belief that young children needed their mothers more than their fathers, no longer applies. Whereas fathers were once able to gain custody only if they could prove a mother was unfit, the spouses are on much more equal footing now.

This means that the legal standard has shifted from the tender years doctrine to the best interests of the child standard. Such a standard focuses more on what is best for the child, regardless of a parent’s gender.

Courts consider multiple factors when determining the best interests of a child in a custody case, including:

The child’s current and future emotional and physical needs
Each parent’s ability to provide for the child’s emotional and physical needs
The stability of each parent’s home environment
The existence of or potential for emotional or physical danger to the child
The parental abilities of each parent
The programs available to assist the parents in promoting the best interests of the child
The parent’s plans for the child
The acts or omissions of the parent that may indicate the existing relationship is improper
Any excuse for the acts or omissions of the parent
The child’s wishes (for older children)

The court will weigh all of these factors and make a decision that is in the best interests of the child.

It is important to note that there is no one-size-fits-all answer to the question of what is in the best interests of a child. The court will consider the specific facts and circumstances of each case.

If you are involved in a custody case, it is important to have an experienced divorce lawyer on your side. A good lawyer can help you gather evidence and present your case in a way that is persuasive to the court.

Property Division

Under Texas Family Code § 7.001, the rule of property division in Texas is that in a decree of divorce or annulment, the court will order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage. Texas is a community property state, meaning that all marital property is considered to be owned equally by both spouses unless one spouse can prove otherwise.

Texas courts are required to divide community property in a way that is “just and right,” but this does not necessarily mean an equal division. Instead, the court must consider the rights of both spouses when making a decision.

Factors that a Texas court may consider when dividing community property in a divorce include:

The length of the marriage
The contributions of each spouse to the marriage, both financial and non-financial
The needs of each spouse
The age and health of each spouse
The earning capacity of each spouse
The debts and obligations of each spouse
The tax consequences of the division of property

A court will also consider the best interests of any minor children when dividing community property.

If you are going through a divorce in Texas, it is important to have an experienced divorce lawyer on your side. A good lawyer can help you understand your rights and interests and can represent you in court to ensure you get a fair outcome.

Child Support

Child support in Sugar Land, Texas is calculated using a formula that considers the number of children and the income of both parents. Many women worry that the child support amount ordered by the court will not be enough to maintain their current lifestyle, especially if their children attend private school, have tutors, or participate in many extracurricular activities.

We understand that it is important to maintain the lifestyle you want for your children, and we will always work hard to do so. A divorce lawyer from our firm can help you negotiate a fair child support settlement with your ex-spouse.

We can also help ensure that you and your children are not left in a difficult financial situation. In addition to the factors mentioned above, the court may also consider other factors when determining child support, such as:

The cost of childcare
The cost of health insurance for the children
The cost of special needs for children
The tax implications of child support

If you are concerned about the amount of child support that will be ordered in your case, it is important to speak to an experienced divorce lawyer. A good lawyer can help you understand your rights and interests and represent you in court to ensure a fair outcome.

Here are some tips for negotiating a fair child support settlement:

Be prepared to provide your lawyer with detailed information about your financial situation, including your income, expenses, and assets.
Be willing to compromise. It is unlikely that you will get everything you want in a child support settlement.
Be realistic about your expectations. The court will not order your ex-spouse to pay more child support than they can afford.

If you are unable to reach an agreement with your ex-spouse, the court will decide the amount of child support that must be paid. The court will consider all of the relevant factors in making its decision.

The court will again consider the best interests of the child when deciding on child support.

Alimony/Spousal Support

Texas courts only award spousal support if the spouse seeking maintenance cannot meet their minimum reasonable needs after the divorce is finalized. If a party is awarded sufficient assets in the final decree of divorce, the court will rarely consider them eligible for post-divorce spousal maintenance under Texas Family Code § 8.051.

The law specifically states that in a suit for dissolution of a marriage or in a proceeding for maintenance in a court with personal jurisdiction over both former spouses following the dissolution of their marriage by a court that lacked personal jurisdiction over an absent spouse, the court can order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse’s separate property, on dissolution of the marriage to provide for the spouse’s minimum reasonable needs and:

the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Texas Family Code § 71.004, committed during the marriage against the other spouse or the other spouse’s child and the offense occurred:
within two years before the date on which a suit for dissolution of the marriage is filed; or
while the suit is pending; or
the spouse seeking maintenance:
is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability;
has been married to the other spouse for 10 years or longer and cannot earn sufficient income to provide for the spouse’s minimum reasonable needs; or
is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.

Here are some factors that a Texas court may consider when determining whether to award spousal support:

The length of the marriage
The financial resources of each spouse
The earning capacity of each spouse
The needs of each spouse
The contributions of each spouse to the marriage, both financial and non-financial
The age and health of each spouse
The tax consequences of the award

The court will also consider the best interests of any minor children when deciding on spousal support.

Many people believe that they or their spouse will be entitled to alimony if they decide to end their marriage. In Texas, alimony, which is referred to as spousal maintenance, is only granted in limited circumstances.

If you or your spouse are considering pursuing a divorce, a seasoned Dallas divorce lawyer can advise you as to the impact that ending your marriage may have on you financially, and help you fight to protect your rights and assets. Spousal maintenance is rarely granted in Texas, but it is available in certain cases.

For example, a person may be eligible for maintenance if:

Their spouse was convicted of a criminal act that is considered an act of family violence, or received deferred adjudication for such an offense, within two years of when the divorce action was filed, or while the divorce is pending.
They cannot earn adequate income to provide for their reasonable needs due to a debilitating mental or physical disorder.
The marriage has lasted 10 or more years and they cannot earn an income.
They are the primary caretaker of the parties’ child, if the child requires significant care and supervision due to a physical or mental impairment, thus preventing them from earning an income.
They are obligated to provide spousal maintenance based on a pre-nuptial or post-nuptial agreement.

In determining whether spousal maintenance is warranted, the court will weigh all relevant factors, including:

The education of each spouse and their employment skills
Each spouse’s ability to provide for their own needs independently
The length of the marriage
The age, earning capacity, and employment history of the spouse seeking maintenance

If the party seeking maintenance has not diligently sought employment that would provide a sufficient income to provide for their needs or attempted to develop the skills necessary to provide for their own needs, it is presumed that they are not entitled to maintenance. This presumption is rebuttable, however, and a divorce lawyer can assist you if this issue arises in your case.

Even if a court awards one spouse maintenance, the maintenance will be limited in both duration and amount by the terms set forth under Texas law.

If a couple was married for less than 10 years and maintenance was granted due to one spouse’s commission of a criminal offense that constitutes family violence, or if the couple was married for 10 to 20 years, maintenance is limited to five years.
If a couple was married for 20 to 30 years, maintenance may be granted for up to seven years.
If a couple was married 30 years or more, maintenance is limited to 10 years.

Courts are not permitted to grant maintenance that is more than the lesser of $5,000.00 per month or 20 percent of the average monthly gross income of the person paying maintenance.

If you are considering divorce, it is important to speak to an experienced divorce lawyer to discuss your eligibility for spousal maintenance and to protect your rights and interests.

Impact of Domestic Violence or Family Violence

Statistically, women in Tarrant County, TX, are much more likely to suffer from domestic violence at the hands of their spouses than men. If you are a victim of domestic violence during your marriage, it is important to prioritize your safety and the safety of your children during your divorce.

A divorce attorney with experience in domestic violence cases can help you file for an injunction or barring order from the court to protect yourself and your family. They can also help you navigate the divorce process and ensure that your rights are protected.

Here are some things to keep in mind if you are a victim of domestic violence and are considering divorce:

Safety is the most important thing. If you are in immediate danger, call 911. If you are not in immediate danger but are concerned for your safety or the safety of your children, make a plan to leave your home and go to a safe place.
Gather evidence of the abuse. This could include photos of injuries, police reports, or medical records. Evidence can help you get an injunction or barring order and can also be used in your divorce case.
Get legal help. A divorce attorney with experience in domestic violence cases can help you understand your rights and options. They can also help you file for an injunction or barring order and represent you in court.

Here are some tips for choosing a divorce attorney with experience in domestic violence cases:

Ask friends, family, or other victims of domestic violence for recommendations.
Look for attorneys who have experience representing victims of domestic violence in divorce cases.
Interview potential attorneys and ask them about their experience and approach to domestic violence cases.
Choose an attorney whom you feel comfortable with and who you trust to fight for your rights.

Remember, you are not alone. Some people care about you and want to help.

If you are a victim of domestic violence, please reach out for help. The Law Offices of Richard C. McConathy has experience in all kinds of domestic violence cases, including instances of continuous violence against the family.

Divorce for Women Attorney in Tarrant County, TX

If you are a woman seeking a divorce in Fort Worth, Arlington, Grapevine, Keller, Southlake, or other cities in Tarrant County, Texas, you should not hesitate to seek legal assistance for everything you are now dealing with. The Law Offices of Richard C. McConathy is well aware of the many challenges women can face when trying to end a marriage and can help you work through every issue you encounter.

You can call (817) 422-5350 or contact us online to receive a free consultation so we can fully discuss your entire case with you. Our firm understands the unique issues that women face in divorce cases and we work closely with our clients so they can understand their rights and make the best decisions for themselves moving forward.

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