CALL US TODAY! (979) 652-5246

(281) 346-9373

Beyond Divorce: Legal Guidance for Post-Divorce Family Law Issues in TX

Prepare for Life After Divorce: Get Essential Advice from Divorce Family Lawyers

Have you ever felt the world turned upside down when the judge said you’re officially divorced in a Texas court? Are you wondering how to deal with life after divorce in Texas, feeling lost and alone? Let’s talk about post-divorce family law issues in Texas. Getting legal help from a divorce family lawyer can make things easier.

So, what’s life like after divorce in Texas? It’s a big mix of feelings—happy, sad, confused—all swirling around like a Texas tornado. It’s dealing with the end of a marriage and a new beginning while trying to understand what Texas laws say about families. Life after divorce is facing your fears and dreaming about a better tomorrow, Texas-style.

Beyond divorce are post-divorce family law issues. These issues cover a wide range of legal matters that arise after the end of a marriage. They involve child custody, visitation rights, and property division and can profoundly affect you and your loved ones. A clear understanding of your rights and responsibilities after divorce can make all the difference in how you move forward. 

Quick Summary:

  • Post-divorce family law issues encompass various legal matters, including child custody and support, spousal support (alimony), property division, enforcement of the divorce decree, relocation with a child, tax implications, and estate planning updates.
  • Legal guidance from a divorce family lawyer is essential to navigate post-divorce transitions and protect your rights.
  • In Texas, post-divorce or spousal maintenance focuses on rehabilitation and has limited duration and statutory limits. It is advisable to consult with a divorce family lawyer to understand eligibility and options.
  • What to do after a divorce in Texas: Key steps include dividing property, updating titles and deeds, reviewing credit reports, updating insurance and beneficiaries, financial planning, updating healthcare directives, managing custody and visitation, prioritizing emotional well-being, and fulfilling court-ordered obligations.

What Are Post-Divorce Family Law Issues?

Post-divorce family law issues encompass a wide range of legal matters that can arise after a couple’s divorce is finalized. These issues often center on children and money. But they can also touch on other aspects, like dividing property.

6 Post-Divorce Family Law Issues that Must Be Addressed Legally

A divorce decree marks the end of a marriage. But, it doesn’t mean the closure of all legal matters between spouses. After a divorce, several issues can arise. You need legal help and guidance to smooth the transition and protect your rights.

Here are some post-divorce family law issues where legal guidance of a divorce family lawyer might be necessary:

Child Custody and Support

  • Disagreements are about arrangements. They are about where the child lives, decision-making authority, and visitation. Changes, like moving or a new job, might require changes to the child custody agreement. A lawyer can guide you through the legal process of modifying the agreement or enforcing existing terms.
  • Calculating and enforcing child support involves two issues: the payment amount and making sure your ex-spouse pays on time.

Spousal Support (Alimony)

  • Finances can cause changes. If a spouse gets more income or loses their job, they may seek to change alimony. An attorney can help navigate the legal procedures for modifying alimony.
  • Termination of alimony: Under certain circumstances, alimony payments may be terminated. A lawyer can advise you on the legal grounds for termination and represent you in court if necessary.

Property Division Issues

  • Unresolved property division: Disagreements about complex assets, including retirement accounts and businesses, must be fully addressed in the initial settlement. They might need legal resolution.
  • Debts incurred after the divorce are an issue. They are concerned about debts from one spouse after the divorce and may need legal clarification about responsibility.

Enforcement of Divorce Decree

Legal action might be needed if your ex-spouse fails to follow the divorce decree (e.g., not paying child support). A lawyer can assist you in enforcing the decree through the court system.

Relocation with a Child

Objections from the other parent: If you wish to relocate with your child after the divorce and the other parent objects, legal representation can be crucial in presenting your case and protecting your rights in court.

Tax Implications 

Divorce can have tax implications. It’s recommended to consult with a tax advisor and your lawyer. This will ensure you understand and follow tax rules. These rules are related to property division, alimony, and child support.

Estate Planning Updates

Your post-divorce situation requires reviewing and updating your estate plan. This includes updating the beneficiaries on your life insurance, retirement accounts, and will. An attorney focusing on estate planning can guide you through this process.

Remember, various legal issues can emerge that require the assistance of a divorce family lawyer. From child custody and support disagreements to complex property division and enforcement of the decree, legal guidance is crucial to ensure a smooth post-divorce transition and protect your rights. 

What Is Post Divorce Maintenance In Texas?

In Texas, post-divorce maintenance, also known as spousal maintenance or alimony, is not as common as in other states. Here’s a breakdown of key points to know regarding post-divorce maintenance:

  • Rehabilitative Focus: In some states, alimony is different. In Texas, spousal maintenance is meant to rehabilitate. The purpose is to provide financial support to the spouse. Their earning capacity is lacking or has declined due to the marriage. This support lets them become self-supporting.
  • Limited Duration: Spousal maintenance awards in Texas typically have a set duration. The maximum length depends on the length of the marriage:
    • Up to 5 years for marriages lasting 10 years or more but less than 20 years.
    • Up to 7 years for marriages lasting 20-30 years.
    • Up to 10 years for marriages of 30 years or longer.
    • Exceptions exist for marriages under ten years if disability or family violence is a factor.
  • Financial Considerations: The court considers several factors when determining spousal maintenance, including:
    • Each spouse’s earning capacity and ability to support themselves.
    • The duration of the marriage.
    • The contributions of each spouse to the marriage.
    • The needs of each spouse.
  • Statutory Limits: Texas law also limits the amount of spousal maintenance awarded. The monthly amount cannot exceed the lesser of:
    • $5,000
    • The amount is 20% of the supporting spouse’s average monthly gross income, which excludes Social Security retirement benefits, disability benefits, and worker’s compensation.

Remember, qualifying for spousal maintenance in Texas can be challenging. It is recommended that you seek the guidance of a divorce family lawyer to understand your eligibility and explore your options.

What Steps Should I Do After a Divorce in Texas?

This post divorce checklist summarizes the key steps to take after your divorce is finalized. It covers finances, legal matters, healthcare, and emotional well-being to care for your business and yourself.

Finances and Legal Matters

  • Divide the Property. Distribute assets and debts as outlined in the settlement agreement and divorce decree.
  • Update Titles and Deeds: Transfer ownership of real estate and vehicles according to the decree. (e.g., quitclaim deed)
  • Review Credit Report and Update Accounts:
    • Dispute any errors on your credit report.
    • Notify creditors of your name change (if applicable) and new address.
    • Separate or close joint accounts.
    • Consider applying for a new credit card in your sole name.
  • Update Government Issued IDs:
    • Obtain a new Social Security card reflecting your name change (if applicable).
    • Apply for a driver’s license and passport with your updated name.
  • Insurance and Beneficiaries:
    • Update car insurance policies with changes in ownership and drivers.
    • Change beneficiaries on life insurance and retirement accounts (as the decree allows).
    • Consider buying life insurance. You should name your children as beneficiaries (if the decree requires it).
  • Financial Planning:
    • Meet with a financial advisor. Discuss retirement plans, estate planning, and rebuilding your future.

Healthcare and Children (if applicable)

  • Update Healthcare Directives:
    • Revise healthcare directives and power of attorney documents to reflect your current situation.
    • Make sure your children have health insurance. This includes COBRA options from your ex’s employer, if applicable.
  • Custody and Visitation:
    • Maintain your court-ordered visitation schedule with your children.
    • Inform your children’s school about custody arrangements and any limitations on who can pick them up.

Taking Care of Yourself

  • Emotional Well-being: This is a time of significant change. Prioritize your emotional well-being. Consider seeking support from friends, family, or a therapist.

Additional Considerations

  • Qualified Domestic Relations Order (QDRO) must be checked. It should divide retirement assets as the decree says.
  • Court-Ordered Support: Pay any alimony or child support on time.
    • Notify your new employer about court-ordered support obligations (if required by law).
  • Review and Follow Through:
    • Carefully review your divorce decree and take all required actions.
    • Keep copies of essential documents for your records.

Remember, this is just a general checklist. Your specific circumstances might require extra tasks or legal requirements. Consulting with a divorce family lawyer is always recommended to ensure you understand and meet all your duties after a divorce.

Discover Post-Divorce Legal Matters with the Guidance of Texas Divorce Family Lawyers!

Feeling lost after divorce? Our team of divorce family lawyers, led by Scott M. Brown, is here to guide you through the twists and turns of post-divorce life. Whether it’s custody battles, financial worries, or property disputes, we’re by your side, ready to offer compassionate support and legal guidance.

Imagine a future where you’re not alone in facing these challenges. That’s what we offer at Scott M. Brown & Associates – a dedicated team of divorce family lawyers committed to helping you rebuild your life. From negotiating fair agreements to representing you in court, we’re here to fight for your rights and your family’s well-being.

At Scott M. Brown & Associates, we understand the weight of every decision and its ripple effects on your life and your family. Our team is driven by empathy and a genuine desire to see you emerge from this chapter more vital and more resilient. Whether it’s advocating for your parental rights or ensuring a fair division of assets, we’re committed to fighting for your best interests.

Ready to turn the page on this chapter and start anew? Take that leap of faith and reach out to us at Scott M. Brown & Associates today.

Discover what lies ahead beyond divorce. Get legal guidance regarding post-divorce family law issues with Scott M. Brown & Associates. Reach out today, and let us help you find the answers you need.

Share this Post!
Texas Family Law Attorney

Call Us Today!

(979) 652-5246