A stay-at-home mom has rights in a Texas divorce. Traditionally, the parent who has always stayed home with the kids was the mother.
They may have been out of the workforce for a few years, or their entire adulthood if they got married young and their children are almost adults.
However, times have changed. It’s not uncommon now for dads to stay home helping to raise the kids as well. If you are a stay-at-home dad in a divorce, you have rights too.
It’s important if you are a stay-at-home parent that you contact an Austin divorce attorney to understand what your specific rights are in a divorce. Here’s an overview of what a stay-at-home parent needs to know about getting divorced in Texas.
The Court Could Require Your Ex Cover Your Attorney Fees
The court can award attorney fees in a divorce. There is a chance the court may order your ex, the working spouse, to pay for your legal expenses. It is not a guarantee, but there is a chance. The court will need a good reason and will look at factors like how badly you need the funds and whether your ex has the ability to pay them.
Stay-at-Home Parents Often Get Bigger Property Settlement
Texas is a community property state, which typically means a 50/50 split in marital assets. However, the court may opt to award a different amount depending on your circumstances. The judge will look at a variety of factors, some of which include:
- Who caused the marriage to break up
- Child custody
- Health and physical condition
- Spousal support obligations
- Age difference
- The size of separate estates
- Whether either spouse has property in another jurisdiction
- What benefits would the ‘innocent’ spouse be entitled to if the marriage continued
You Could be Awarded Child Support
In Texas, child support is calculated per the Texas Family Code. This means it’s typically a percentage of the working spouse’s income and goes up to a maximum depending on how many children you have.
You Don’t Have to Leave the House
This is a big area of misunderstanding. Just because your spouse tries to kick you out of the marital home, he or she cannot do it without a hearing. This is the case even in situations where your name is not on the property title.
In situations involving domestic violence, the offending spouse may be ordered out of the home right away, especially if you and/or your children are in danger.
You May Prevent Your Kids from Being Around a New Romantic Partner
While your divorce is pending, you may be able to get the court to make a temporary order that says neither of you can have overnight guests who you are romantically involved with. Some judges may go as far as to order that no new romantic interests be introduced to your kids during the divorce process.
Retaining an Austin Divorce Attorney
If you are a stay-at-home parent who needs assistance with your divorce, you need a good Texas family law attorney. Contact the Law Office of Ben Carrasco at 512-320-9126 or contact us online to schedule a consultation.