A divorce requires a legal battle (“litigation”), where neither side can agree.

In the state of Texas, no one is required to pay child support by default. However, the courts will look to ensure that, absent of agreement, the best interests of each child are best served by having one party pay child support in an amount equal to the Texas child support guidelines. 

It is possible to agree not to pay child support, especially when the parties share each child for an equal amount of time. 

You can use the child support calculator on the Attorney General’s website to estimate how much you or your spouse are expected to pay under the guidelines.

In addition, at least one party will be required to pay for each child’s medical and dental insurance or enroll in a government health program if eligible (Medicaid, STAR).

Under Texas Law, assets and debt must be divided in a way that is just and right, having due regard for the rights of both you and your spouse.

Assets acquired during the marriage, regardless of whose name they are listed under, need to be considered when making a division of the marital estate.

Failure to list an asset or a debt may open you to the risk of forfeiture, future dispute, questions of fraud, or misrepresentation.

Buying a home before the divorce is finalized is highly ill-advised. Your spouse will be entitled to half of the equity of any asset purchased before the divorce is finalized.

The same can be said of other major assets such as cars, boats, motor homes, and business ventures.

Please note: Some courts will issue a standing order – a list of instructions that each party must follow until the divorce is finalized.