What are My Rights When I am Going Through a Divorce in Texas?

While your divorce case is pending, you have the right to parenting time with your children, and if you depended on your spouse financially during your marriage, you might be entitled to pendente lite alimony.

Even if you are a highly organized person who is used to adapting to changes as they come along, the way that divorce throws your plans in disarray is one of the most stressful things you can experience. You must rewrite your entire long-term goals; you might be a grandparent one day, but your current spouse will not be by your side when you meet your grandchild for the first time. In some cases, this involves the drafting of actual new documents, such as a new version of your will, but even when it does not, the sudden shift in mindset is enough of a challenge. To make matters worse, you also need to find temporary solutions and get through each day until your divorce is final. One day, you are on your own raising your children with no help from your spouse, and the next day, they are with your spouse, and you are utterly alone, and the 48 hours until they come back feel interminable. Worst of all is when your estranged spouse places obstacles in front of all of your short-term and long-term plans. The Fort Worth divorce lawyers at the Law Office of Kyle Whitaker can help you exercise your rights during a protracted divorce case.

You are Your Children’s Parent Before, During, and After Divorce

When the parents of minor children get divorced, the court issues a parenting plan upon finalizing the divorce. If your divorce case goes on for a long time, you can also get the court to issue a parenting plan that begins before your divorce becomes final. It is helpful to do this if your spouse is trying to prevent you from seeing your children. If your spouse does not abide by the court-ordered parenting plan, you can petition the court to enforce it, which might entail holding your spouse in contempt of court.

You Might Get Alimony During Your Divorce Even if You Do Not Get it Afterward

The courts try to divide couples’ property so that neither spouse needs alimony; most alimony awards arise from the spouses agreeing to it during mediation. Even when they can do this when finalizing a divorce, the couple might still fight about finances during the pendency of the divorce. Texas courts often order pendente lite alimony, which automatically terminates when the divorce becomes final. Pendente lite alimony is effectively an order for your spouse not to drain your marital bank accounts and force you to default on your mortgage.

Temporary Possession of the Marital Home

In some divorce cases, the spouse who keeps the marital home during the pendency of the divorce is not the one who keeps it afterward. In other cases, the court orders the parties to sell the house, but you might get the right to stay there until it sells.

Contact the Fort Worth Law Office of Kyle Whitaker About Divorce Cases

A family law attorney can help you exercise your rights while your divorce is in progress. Contact the Law Office of Kyle Whitaker in Fort Worth, Texas, to discuss your case.