child custody and visitation Archives

Important Facts About Divorce in Texas

Nick Augustine March 21, 2019March 21, 2019 Child Custody, Child Support, Divorce

Divorce in Texas: What You Should Know

Before men and women are ready to file for divorce in Texas, they can learn about how a Texas divorce case works and what they might expect in their own case. People who move to Texas from other states should understand that Texas family law is different from other states. What you may have experienced in a divorce or family law case in another state may not prepare you for Texas law and procedure outlined in the Texas Family Code.

Hire a good lawyer. Your divorce lawyer is there to represent your legal rights and help protect you and your family’s best interests. Divorce can be frustrating and downright nasty. People get upset. Divorce and child custody cases are a process and your lawyer’s job responsibility is representing you during the process. When results and your future are at stake, you need a strong and smart divorce lawyer who gets results.

Listen to Richard T. Sutherland talk about how to go about finding a lawyer in this recent podcast, Help! I Need a Lawyer! Call Wichita Falls Family Law Attorney Richard T. Sutherland at (940) 691-2100 if you need help.

Be ready to compromise or prepare for litigation. When people who once loved one another and married are no longer in love and on good terms, it can be difficult to remain calm and rational, especially when emotions are running high. Also, be prepared if your opposing party and their lawyer may challenge your patience at the very least. While divorce in Texas takes time, there will be a final day when the judgment is final, and you can move on.

Divorce in Texas Takes Time

A Texas divorce case follows an ordered procedure that takes time and resources. It takes time to collect the necessary information to address issues involving children, parents, property, assets, and liabilities. Even if you and your husband or wife agree on everything, a final judgment of divorce is not allowed until at least 60 days have passed from the time the petition for divorce is filed with the court clerk in the proper county.

Especially in a long marriage with children and assets, there are many potential issues to resolve in a Texas divorce. Depending on the level of conflict and ability to negotiate, a settlement can take a long time to reach, and a trial by judge or jury can take longer. While families in divorce and child custody cases may wish the process was quicker, it is important to address and resolve contested issues correctly the first time, to avoid return trips to court and modification and enforcement cases in the future.

Legal Separation Is Not Recognized in Texas

In Texas, married couples are married until their divorce judgment is granted. There is no such thing as a legal separation in Texas. Married husbands and wives can live apart and maintain separate residences, but they are still married and everything they acquire is still community property. It does not matter how an asset is titled during a marriage in Texas because it will still be community property owned by both spouses and subject to division in a manner the court deems just and right.

Texas is a No-Fault Divorce State

Husbands and wives cannot force the other to stay married, nor need they prove wrongdoing and fault-based grounds to qualify for a divorce. Texas is a no-fault divorce state with no requirement that either party in the divorce is at fault. There is a requirement that the man or woman seeking a divorce states one or more grounds upon which the petition for divorce is based. The no-fault ground in Texas divorce is called insupportability.

Other grounds for divorce include cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital.

On insupportability, The Texas Family Code states: “One the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.[i]”

You Should Not Try to Do Your Own Divorce in Texas

There are some things in life that should be left to the hands of experienced professionals, such as a divorce in Texas. Child custody, for example, involves a specific process and appointment of conservators with specific legal rights and duties as parents. Visitation likewise is a process involving periods of possession of and access to the child. Many general practicing attorneys refer cases to and hire experienced divorce attorneys to represent family law clients because the practice of divorce and family law is determined by very specific rules and orders in the Texas Family Code.

People who try to do their own divorce often get things wrong and end up coming back to court and hiring divorce lawyers to fix the problems they caused by trying to do their own divorce in Texas.

Divorce in Texas Does Not Need to Be Expensive

The best divorce lawyer you can find may end up saving you money in the long run when they know how to get results more efficiently than another who may drag their feet or get tossed around by the opposing attorney.

When it comes to your family and future, it is important to divorce with a strategy and plan that works. The strategy can involve compromise and out-of-the-box thinking. The experienced family lawyer who has litigated the most difficult and complex cases is an asset when it matters to your family.

Richard T. Sutherland is an Experienced Lawyer for Divorce in Texas

Focused on parents, children and the best outcomes for the families he represents, Richard T. Sutherland has earned a strong reputation among lawyers, judges and members of communities in Wichita County and the neighboring Archer, Baylor, Clay, Foard, Hardeman, Jack, Montague, Wise, Young and Wilbarger Counties.

When results matter to you and your family, call Richard T. Sutherland in Wichita Falls, for divorce in Texas, by calling his office at (940) 691-2100.

[i] Texas Family Code, Grounds for Divorce and Defenses

High-Stakes Divorce in Wichita Falls, Texas

Nick Augustine January 21, 2019February 8, 2019 Child Custody, Child Support, Divorce, Enforcement, Modifications, Post Marital, Pre Marital

What Do We Mean When Talking About High-Stakes Divorce in Wichita Falls, Texas?

A high-stakes divorce, child custody or family law matter is one requiring experienced, aggressive and detailed legal counsel and representation. In Wichita Falls, families with high-conflict and high-net-worth concerns are best represented by a divorce and child custody lawyer who thinks outside the box and uses years of experience to their advantage. Maintaining privacy and dignity in divorce and custody cases is also important when sensitive issues become the focus of negotiation and litigation.

The issues involved in a high-stakes divorce can be issues of money as well as custody and parenting. Every custody case is unique as is every family. While determining child support can be straight forward, making decisions in the best interest of the child is not always so easy.

Especially when there are unique family circumstances and dynamics involved, high-conflict custody cases require a seasoned family law attorney with the experience to successfully strategize and navigate a challenging case. A well-experienced divorce and family law attorney, Richard T. Sutherland, is an asset in a serious custody case and high-stakes divorce in Wichita Falls, Texas.

Use this link for podcast summaries for a variety of divorce and family law topics explained by Richard T. Sutherland in Wichita Falls, Texas.

For High-Stakes Divorce in Wichita Falls, Texas, Call Richard T. Sutherland (940) 691-2100

Complex Income and Assets in High-Stakes Divorce and Custody Cases

When you divorce in Texas the assets acquired during the marriage are community property to be divided based on what is just and equitable. There are many factors affecting property distribution and how property is characterized as community property or separate property which was owned or claimed by one spouse before the marriage or was acquired by gift, devise or descent.

Meanwhile, separate property, not subject to division in a Texas divorce also includes a spouse’s recovery from a personal injury award, except for recovery for loss of earning. Determining what is separate property and what is community property can be complex and involve serious conflict and is certainly considered a high-Stakes divorce. Listen to our podcast, Community and Separate Property in Texas for additional details.

Issues involving complicated income and assets also affect how income and net resources are determined for purposes of child support and for spousal maintenance if it applies. Many people have variable income, own business and have other unique income. It is important to use an experienced high-stakes divorce attorney who knows how to address unique income and assets.

Business Ownership, Shareholder Agreements and Liability Challenges

There are many family businesses in North and Northwest Texas where large families share ownership of shares in a business and have business assets and liabilities to consider when getting divorced. There can be premarital agreements, postnuptial agreements with duties and obligations affecting the party in a divorce or related family law action involving money.

Consider the setting where your soon to be former spouse is a seated member of a board of trustees for the family business in which you and your spouse both own shares. Buying out your spouse and negotiating their exit from the board can challenging.

The more complicated things are the more there is to win or lose. The experienced high-stakes family lawyer has seen a few challenges in their years of practice and has an important grasp on what it takes to make sure they have all the facts, use the best business professionals and anticipate tax strategies people may have, all to avoid negative consequences of important decisions.

You may also enjoy this Forbes article, 5 Crucial Steps to Make Your Divorce Less Painful.

A High-Stakes Custody Lawyer in Wichita Falls Who Does Not Back Down Easily

Children only get one chance to grow up right and be ready for a successful transition to early adulthood and their best interests must always come first. Issues regarding children involve parents having rights and duties to make decisions for them, and determine where they reside, go to school and church and more. Medical and mental health issues can also be issues of conflict between parents who do not agree. When parents cannot or will not come to a unique settlement agreement on custody issues, these decisions will be made in Court. Judges prefer parties to come to their own agreements, and while one might not like the other parent’s offer, the judge or jury decisions could be less appealing.

Richard T. Sutherland explains Texas child custody and conservatorship

In Texas we call custody, conservatorship and visitation refers to periods of possession or access to the child. While many co-parents are appointed as joint managing conservators, cases involving family violence and child abuse affect conservatorship and can result in one parent being named sole managing conservator and the other a possessory conservator. These are high-stakes child custody issues.

The determination of which person or parent has the right to exclusively determine the primary residence of a child is a contested issue that is the center of many custody trials before a judge and/or a jury. A trial on this issue alone can involve several witnesses, experts and evidence.

For Every Divorce, Modification, Enforcement or Custody Matter, Be Ready for Conflict and Surprises

When a couple decides to divorce, or the divorce become inevitable, they may start the process with the intention of being agreeable on several divorce and custody issues. As cases are ongoing during the process of exchanging discovery and participating in a temporary orders hearing, things can break down.

When agreements break down and conflict grows, it is important to have the advice, counsel and representation of a divorce lawyer with strategy experience. When it gets to the point two people cannot agree on the color of the sky, they rely on their lawyer to help them through the process and help them know their bottom line.

When there is so much to lose, getting it done right is important. When children are involved, their best interests must be the top priority in Wichita Falls family law.

Call Richard T. Sutherland at (940) 691-2100 for your consultation for high-stakes divorce in Wichita Falls, Texas.

Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas.

Military Deployment and Custody in Texas

Nick Augustine July 20, 2018February 8, 2019 Child Custody, Podcasts

Richard Sutherland Podcast: Military Deployment and Custody in Texas

Military deployment, military mobilization or temporary military duty can impact the lives of parents with children in and around Wichita Falls, Texas. In this monthly Wichita Falls Family Law podcast discussion with Attorney Richard Sutherland, we discuss a few of the key issues and answer common questions about the impact of military deployment and child custody.

Military deployment and custody in Texas and the impact on families in and around Wichita Falls

Modification of the exclusive right to determine the primary residence of the child or modifications of the terms and conditions of possession of or access to the child
Temporary Orders entered while the military member is absent on military deployment, military mobilization or temporary military duty
Temporary Orders when the military member’s rights are going to be affected by military deployment, mobilization or temporary military duty

Listening to this podcast interview about military deployment, military mobilization and temporary military duty will be useful for anyone who is a parent of a child and may be deployed in the armed services. Texas law provides for a variety of situations and Richard Sutherland explains what you may be able to expect in a variety of circumstances.

Just because you serve your country does not mean you have to sacrifice a relationship with your child. Did you know that a designated person can generally act in your place while you are unavailable? Do you want to designate a person to exercise your custody or visitation rights while you are on deployment? Listen and learn about the variety of situations that can affect military parents in and around Wichita Falls, Texas. Call Wichita Falls, Texas divorce and family law attorney Richard T. Sutherland to learn more and to schedule a meeting to discuss your situation. (940) 691-2100.

Please also have a look at the categories of podcast content on our Wichita Falls Family Law website!

About Richard Sutherland: Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

Texas Child Custody and Conservatorship

Nick Augustine December 21, 2017February 8, 2019 Child Custody, Podcasts

Richard Sutherland Podcast: Texas Child Custody and Conservatorship

This is The Wichita Falls Family Law Podcast, with Attorney Richard Sutherland. We talk about Texas divorce and family law. This program is a Texas child custody and conservatorship podcast focused on helping people better understand Conservatorship and the rights and duties of parents in Texas.

Texas child custody and conservatorship podcast:

What is Conservator in Texas
- What is a parent conservator?
- What are their rights and duties?
Joint Managing Conservator
- Does not mean joint custody
- Rights and duties with the child
Sole Managing Conservator
- In cases involving family violence
- Other parent may not in child’s life
Possessory Conservator
- Fewer decision making rights
Non-parent Conservator
- Not entitled to certain rights and duties

Listening to this Texas child custody and conservatorship podcast can help people better understand how conservatorship works, and it can be confusing. People often call Attorney Sutherland reporting they have joint custody, and many times those parents are joint managing conservators with rights to child support, to determine the residence of a child and primary possession and access to the child, for example. If you only take one thing away from this podcast, custody and conservatorship are not the same in Texas divorce and family law.

For additional general information, please read about family law and child support on our website.

Family Law, Divorce, Child Custody, Habeas Corpus, Modifications, Enforcements, Interstate Family Law, Pre & Post Marital Agreements, Child Support, Interstate Family Support, Family Law Podcast Texas child custody and conservatorship podcast — Richard Sutherland Attorney at Law Family Law Practice Areas

Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on Facebook, Twitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.

Child custody issues in a Texas divorce

wfflwpadm November 2, 2017February 8, 2019 Child Custody

Child custody issues can be challenging and complex. Children only have one chance to be kids and grow up with a bright future ahead of them. Nurturing their growth and development is important and parents in divorce fear a disruption in their children’s lives. The Texas Family Code and courts are focused on the best interests of children and assurances they may grow up in stable and supportive environments.

Family Law, Dirovrce, Child Custody, Habeas Corpus, Modifications, Enforcements, Interstate Family Law, Pre & Post Marital Agreements, Child Support, Interstate Family Support — **Where will the children live during the divorce?**

Not long after a new divorce case is filed, the court will conduct the temporary orders hearing to make initial determinations about where the children will live, which parent may remain in the marital home and how certain finances will be handled. The judge will generally seek to assure a status quo in children’s lives during divorce and keep them their familiar home, school and community. The court considers a variety of factors in the best interests of the children.

If the parents can agree on who will live in the marital home with the children, then the judge will not need to make that decision at the temporary orders hearing, a decision that can be in place for up to a year or more until the divorce is settled by agreement or through a divorce trial.

What is joint managing conservatorship?

In Texas, custody is called conservatorship and there is a presumption that both parents should be joint managing conservators. However, if there are issues involving family violence, drug or alcohol abuse or that which threatens children’s health, safety or wellbeing, one parent may be designated as the sole managing conservator.

A parent with joint managing conservatorship has the authority to make decisions for a child about where they will live and go to school, religious training, medical and dental needs and everything else that goes along with daily living.

How is possession and access determined?

In Texas, visitation is referred to as possession and access to the child. The parents can agree to their own schedule of where the children will be and with which parent, or the court can use a standard possession order at the initial temporary orders hearing. The standard order gives what we may call the non-custodial parent possession and access for a few hours on Thursday evenings, and during the first, third and fifth weekends of the month, alternating holidays and for a month during the summer.

Possession refers to your time with the child in person and your right to have the child with you wherever you may be. Access, however refers to your right to contact your child by phone, text, social media and so forth. You also have access to attend school activities and have access to school and healthcare records.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

Welcome to The Wichita Falls Family Law Podcast

wfflwpadm October 19, 2017February 8, 2019 Child Custody, Child Support, Divorce, Podcasts

Richard Sutherland Podcast: Welcome to The Wichita Falls Family Law Podcast

This is The Wichita Falls Family Law Podcast, a monthly Internet radio podcast program with featured host, Attorney Richard Sutherland who shares information and thoughts about Texas divorce, family law and commercial litigation.

Common Divorce and Family Law Topics:

Introducing Attorney Richard Sutherland;
Common concerns in divorce and family law cases;
Children’s issues and child support and custody information;
Richard Sutherland is also experienced in commercial litigation.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.