What Legal Rights Do You Have During a Divorce?

On Behalf of Robert S. Clark Sr.

Jun 15, 2025

Divorce is always an emotional time, and it’s easy to feel overwhelmed and trapped, especially if you don’t want to divorce, or you do want to divorce, but your spouse is fighting you. You do have rights during this time, and a divorce attorney in Houston can help you understand what they are and protect you at every step. While divorce is never going to be easy, having an experienced attorney can certainly make the process as smooth as possible.

Legal Rights in a Texas Divorce

Right to an Equitable Share of Property

Texas is a community property state. This means all property and debts that have been acquired during the marriage belong to both partners, regardless of who earned it, bought it, or, in the case of debt, took it out. The only exceptions are property that was inherited or gifted to just one party in the marriage or which one of the partners owned or owed prior to the marriage. Everything else is to be divided in an equitable manner. Equitable does not mean equal: you are not necessarily entitled to a 50-50 split of the assets. Instead, the courts work to a legal standard of what is “just and right.”

This means the court will consider all kinds of factors in its attempt to ensure the two parties come out on equal footing after the divorce is over. They will look at what separate assets both parties have, what kind of career both parties have and their earning potential, what kind of contributions both of you have made to the marriage or to the career of your spouse, who has custody of the children, and many other factors.

Right to Have Spousal Support Considered

Spousal support, which is what Texas calls alimony, is awarded in certain cases, and you have the right to make a request for it and have the request seriously considered if you have been married for at least 10 years and don’t have enough of your own property or income to meet your basic needs. You may also be eligible if you have a disability or are caring for a disabled child.

Conversely, if you are being asked to pay spousal support, you have the right to object and have your objection considered carefully. The amount of spousal support that can be requested is capped at 20% of the paying spouse’s net income and almost always comes with a time limit. Temporary spousal support is sometimes ordered by the court during the divorce proceedings, but these orders end once the final divorce decree is set down (though permanent orders may be given at that time).

Right to Child Custody and Visitation

Child custody in Texas is called conservatorship, and the law assumes that both parents are equally capable of caring for their child and of making decisions for their child unless there is clear evidence to the contrary. This means that the courts usually default to joint managing conservatorship, where the two of you makes decisions together for your child.

You’re also entitled to possession and access of your child, and possession and access orders determine where your child lives and how much time they spend with each of you. The law has standing orders, but you can always negotiate a custom schedule that works better for you and your family. If you and your child’s other parent can come to an agreement, it will be better for all concerned, and the judge is likely to sign off on it unless it is clearly not in the child’s best interest.

Right to Child Support

If you have primary custody of the child, you then have the right to ask for child support. There is a formula for calculating this in Texas that is based on the non-custodial parent’s income. They will typically pay 20% of their net income for one child, 25% for two, and so on, though there are also special calculations for those with incomes below the poverty line and for those with other children from other partners.

The court will consider the income of both parents as it makes this decision, and if the other parent fails to pay their court ordered support, you have the right to bring a petition for the court to enforce the order through wage garnishment or other court action.

Right to Protective Orders

Protective orders come down from the court and can prohibit an abusive spouse from contacting you, approaching your home, coming within a certain distance of your workplace or your child’s school, etc. You have the right to ask for these immediately, and the court can issue temporary orders that are valid for up to 20 days, even if your spouse is not present. There must be a hearing for longer-term orders, and longer-term orders can last as long as two years at a time.

Right to a Divorce Attorney in Houston

One of your most important rights is the right to have an attorney on your side. Your attorney can represent you throughout the divorce, including in negotiations with your spouse and your spouse’s attorney, and will fight for you in negotiations and in hearings to ensure you have a fair division of assets and that your needs are properly defended in issues of custody or spousal support.

Right to Mediation Options

You have the right to pursue alternative dispute resolution options that could allow you to come to a compromise you can live with. If you and your spouse can settle issues outside of court, you’ll save money, time, and likely also walk away with better feelings towards one another.

With mediation, you’ll have a third-party helping the two of you negotiate an agreement on all the major issues of your divorce. In most cases, your lawyer can be there for these negotiations if you want. You may also consider a collaborative divorce. In a collaborative divorce, you, your spouse, and your respective attorneys agree to work together without going to court.

Right to Request Modifications

If your divorce has been finalized, you still have the right to request a modification to certain orders, if there’s been a significant change in your circumstances. For example, spousal maintenance orders can be modified or even ended if there’s a shift in your financial situations or if one of you remarries.

There can also be changes to child support and child custody, though the law requires that you prove a “material and substantial change” and suggest a modification that is clearly in the best interest of the child. You have the right to request a hearing where you can present your evidence for these changes.

Right to the Enforcement of Court Orders

Finally, once your divorce orders have been laid down, you have the right to expect them to be enforced. If your spouse refuses to turn over property, won’t send in payments, or tries to interfere with your child visitation or custody, the court has a number of remedies that can bring. Your lawyer can help you file a petition with the court to force compliance.

To make sure all your rights are protected in a divorce, contact the Clark Law Firm, P.C. in Houston, TX now to talk through your case.

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