
The Difference
Family Law & Divorce
Frequently Asked Questions
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What factors does the court look at in determining the division of assets?Not necessarily. The property will be divided in a way that is fair and equitable, which does not necessarily mean a 50/50 split. All the factors mentioned above are considered to determine how the property will be divided. Usually, courts will divide property in a way that is close to the 50/50 mark, but often one spouse will receive slightly more. Splits of 45-55 are very common, while it would be highly unusual for a court to divide an estate in a more lopsided way, such as 30-70.
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What is the difference between a contested and an uncontested case?Contested cases mean that the spouses cannot agree on something (or sometimes, on anything). Depending on how contentious the case is, this might require a formal exchange of documents, multiple hearings, and attempts at mediation before the case can be finalized. An uncontested divorce means the couple has agreed on everything, from the division of their property to children’s issues. These divorce cases are usually disposed of quickly.
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How much is child support if it is ordered?Texas uses a specific formula to determine the amount of child support. It is based on a parent's gross income and the number of children that the parent has. The possession schedule has no bearing on child support, nor does the recipient spouse's income. That is because child support is the right of the child and not the other parent. It is important to remember that the formula is merely a guideline.

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