Family Law And Estate Planning FAQs

At Strother & Strother, PLLC, our attorneys understand that most people have a great many questions about divorce, child custody, family law and estate planning issues. We have provided some answers to some of the common questions we receive from our clients.

What is separate property and how does it differ from community property?

Separate property consists of property owned or claimed by the spouse before the marriage, property acquired by the spouse during the marriage by gift, devise or descent or the recovery for personal injuries sustained by the spouse during marriage, except any recovery for medical expenses and loss of earning capacity during marriage.

Community property consists of all other property, other than separate property acquired by either spouse during marriage. Determining separate and community property can be difficult, so it is best to prepare an inventory to allow your attorney to determine the characteristics of the property.

How much is child support in Texas?

The Texas Legislature has set guidelines that are followed in determining the proper amount of child support. The guideline key is a fixed percentage of obligor’s “net resources” taking into account the number of children involved. For instance, one child is 20% of obligor’s net resources, 2 children is 25% of obligor’s net resources, 3 children are 30% of obligor’s net resources.

What is a SAPCR?

SAPCR is the acronym used by the family code that stands for “Suit Affecting Parent Child Relationship”. This authorizes a unitary action in which all issues affecting a parent and child can be adjudicated in a single lawsuit, including custody, visitation rights, child support, adoption, paternity and termination of the parent-child relationship.

Are there any residency requirements for getting a divorce in Texas?

Yes, there is. A petition for divorce may not be filed unless both of the following requirements are met: One party must be a Texas resident for the preceding 6 month period and One party must have resided in the county in which the suit is filed for the preceding 90 days.

Do I need a will?

Planning for the event of your death is a sensitive and sometimes frightening idea to people. Often people say, “well I don’t own anything so what difference does it make if I have a will or not?” A will makes it easier for your loved ones by establishing a plan of action. The legal process of distributing assets as well as debts can be made simple by having a will in place.

More Questions? We Have More Answers.

We know you likely have many more questions regarding family law issues. Call our Cleburne office at 817-857-4280 or fill out our online form to make an appointment with our lawyers to get those answers.