The Difference
Family Law & Divorce
Frequently Asked Questions
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What is the difference between joint custody and sole custody?In Texas, joint managing conservatorship is the default position of the courts. Usually, it is in the best interest of the child to have both parents equally involved in their lives. Joint managing conservatorship means both parents will have joint rights and duties as it relates to the children although some rights may be given exclusively to one parent (education and medical for example). Sole custody means that only one parent will get the exclusive right to make most decisions for the children but the other parent will still have visitation rights. In order to get sole managing conservatorship, a party must demonstrate that it will not be in the best interest of the child to have joint custody. Usually, this involves showing the court that there has been some abuse or neglect by a parent.
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What are the factors a court considers when determining spousal support?The overriding principle is the needs of the recipient party balanced with the ability of the other spouse's ability to pay. There is no exhaustive list for a judge to use, but they should consider the financial situation of both spouses, the contribution of each spouse to the marriage (including whether or not one party sacrificed their career to raise children), the age, employment history, education, health and earning capacity of the spouse requesting support, spousal violence, and any fault in the break-up of the marriage.
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When is a party entitled to receive spousal support?In Texas, courts are generally reluctant to award spousal support. A party will only receive court-ordered spousal support if the marriage has lasted ten years or longer and the spouse made diligent efforts to either earn sufficient income or to develop necessary skills while the divorce is pending to meet his or her minimum reasonable needs; or the other spouse has committed family violence; or the requesting spouse has an incapacitating disability that arose during marriage; or a child of the marriage (of any age) has a physical or mental disability that prevents the spouse who cares for and supervises the child from earning sufficient income.
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