Can the court consider fault in property division in a Rockwall County divorce?

Yes, the court can consider fault in property division in a Rockwall County divorce.

Texas is a community property state, which means that all property acquired during the marriage is presumed to be owned equally by both spouses, regardless of who earned the income or whose name is on the title. However, the court has discretion to divide the community property in a way that is “just and right” based on a number of factors, including fault in the breakup of the marriage.

Under Texas law, fault can include adultery, cruel treatment, abandonment, and other forms of marital misconduct. If one spouse can prove that the other spouse was at fault for the breakdown of the marriage, the court may award a greater share of the community property to the innocent spouse. However, fault is just one of several factors that the court will consider when making a property division decision. The court will also look at the length of the marriage, the earning capacity of each spouse, the health of each spouse, and other relevant factors.

Can a parent modify a child custody or support order in Rockwall County? If so, how?

Yes, a parent can modify a child custody or support order in Rockwall County by filing a petition with the district court and demonstrating that there has been a substantial change in circumstances since the original order was issued. Examples of such changes could include a change in employment or residence, or a significant change in the child’s needs.

How is property division handled in Rockwall County divorces?

In Rockwall County divorces, property division is based on the concept of community property, meaning that all property acquired during the marriage is considered jointly owned by both spouses and subject to a just and right division in the divorce.

What rights do unmarried parents have in Rockwall County?

Unmarried parents in Rockwall County have the same rights and responsibilities as divorcing parents regarding child custody, support, and visitation.

How long does a divorce take in Rockwall County?

The length of time it takes to obtain a divorce in Rockwall County depends on several factors, including the complexity of the case and whether the spouses are able to reach a settlement. In general, the minimum waiting period for a divorce to be finalized in Rockwall County is 60 days from the date of filing, but most divorces take longer than that to resolve. It is not uncommon for a divorce to take six months to a year or more to complete, particularly if there are significant issues to be resolved such as child custody, property division, or spousal support.

What is the process for obtaining a protective order in Rockwall County?

The process for obtaining a protective order in Rockwall County involves filing a petition with the district court, which will schedule a hearing to determine if the order should be granted. The petitioner must show that there is a clear and present danger of family violence.

Can grandparents seek visitation rights in Rockwall County?

Yes, grandparents can seek visitation rights in Rockwall County, but they must demonstrate that it is in the best interests of the child to have such visitation. If a parent denies a grandparent visitation, it is presumed that the parent is acting in the best interest of their child. The grandparent must show that the parent is not acting in the child’s best interest and that not granting visitation would endanger the child’s emotional or physical health.

What are the grounds for divorce in Rockwall County, Texas?

In Rockwall County, Texas, the grounds for divorce are either no-fault, where the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship, or fault-based, such as adultery, cruelty, or abandonment.

What is the process for filing for divorce in Rockwall County?

The process for filing for divorce in Rockwall County involves submitting a petition to the district clerk and pay the filing fee. Then arrange to have your spouse served with the petition.

How is child custody determined in Rockwall County family law cases?

In Rockwall County, child custody is determined based on the best interests of the child, taking into account factors such as the child’s age, relationship with each parent, and any history of abuse or neglect.

What factors are considered when determining child support payments in Rockwall County?

There are 2 methods of calculating child support that are generally used. First, is guideline child support. Guideline child support is a percentage of the obligor’s income based on the number of children before the court and the number of children not before the court, but that the obligor is responsible for supporting financially. Second, non-guideline support is when  the court  considers the income of each parent, the number of children, and the amount of time the child spends with each parent.  It is important to note that which method is used is at the Judge’s discretion.   Therefore, it is important to present evidence to the court regarding why the method you want used is in the best interest of the child.

The Texas Attorney General has a calculator on it’s website to assist you with guideline child support. You can check it out here: