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5 Signs Your Divorce Might Go to Court
Most divorces in Texas settle without ever going before a judge. Collaborative law, mediation, and careful negotiation can save time, money, and stress. Still, some cases cannot be resolved outside the courtroom. If you are starting the divorce process, it helps to recognize when litigation may become necessary so you can prepare yourself.
As of August 2025, the Texas Family Code requires that property division, custody, and support orders be either agreed upon by both spouses or decided by a judge. And while many families benefit from compromise, certain situations make courtroom involvement more likely. Our Collin County divorce attorneys can walk through your situation with you and help you understand whether divorce litigation may be in your future – and, if so, what you can do to get ready.
Divorcing with a Child Who Has an IEP or a 504 in Texas
When a child has unique educational needs under an Individualized Education Program (IEP) or a Section 504 plan, divorce presents unusual challenges. In Texas, decisions about custody, visitation, and decision-making authority must consider the child’s educational requirements as well as their emotional and physical well-being. Parents need to ensure that their child’s rights under federal and state education laws remain fully protected during and after the divorce process.
Sharon Ramage, lead attorney at The Ramage Law Group, brings rare insight to these matters. As a specialized Collin County, TX family law attorney, Ms. Ramage spent more than a decade as a special education hearing officer and mediator with the Texas Education Agency, and she has lectured extensively on special education law for national, state, and local professional associations. That background allows her to approach child custody and divorce cases involving IEPs and 504 plans with an understanding that goes far beyond standard family law experience.
Are Divorce Records Public in Texas?
When families begin the divorce process, one of the first questions they often ask is whether their personal information will become part of the public record. In Texas, most divorce records are indeed public unless specific steps are taken to protect them. This can be especially concerning for parents who want to shield their children from unnecessary exposure, or for high-net-worth individuals with sensitive financial or personal details in their case.
As of July 2025, Texas law still requires divorce filings, orders, and other court documents to be available to the public unless a court grants a motion to seal records. For many families, working with a law firm that prioritizes privacy can make a significant difference in how much of their personal life is kept out of public view. At The Ramage Law Group, our Collin County, TX family law attorneys help clients divorce with discretion. Call us today.
Managing Large Student Loan Debt in a Texas Divorce
Student loan debt has become an increasingly common issue in Texas divorces. As the cost of higher education continues to rise, many spouses enter marriage with significant student loan debt or take on loans during the marriage. Then, when couples divorce, there can be serious disagreements over who should be responsible for repayment. Understanding how Texas law treats student loan debt as part of marital property during divorce is essential for protecting your financial future.
Our Collin County, TX divorce attorneys are here to help you manage your student loan debt division and every other issue that comes up in your divorce.
How Does Texas Law Treat Student Loan Debt in Divorce?
Texas is a community property state, which means that all assets and debts acquired during the marriage are generally considered to be owned equally by both spouses. However, student loans can present unique challenges. Whether student loan debt is divided depends on when the loans were incurred and how the funds were used.
Is Divorce Harder for Younger or More Mature Couples?
Divorce can of course be difficult at any age, but the challenges often look different depending on where in life a couple is. Younger couples may struggle with issues like dividing significant debt or co-parenting small children. Older spouses going through a gray divorce may need to divide retirement savings or years of shared property that holds both monetary and sentimental value. Age does not make divorce easier or harder. It just presents different challenges.
Whether you are just a few years into your marriage or ending a decades-long union, you need clear legal advice and strong representation. Our experienced McKinney, TX divorce lawyers can protect your interests and guide you through the process.
What Challenges Do Younger Couples Often Face?
Younger couples going through divorce often have young children, a lower household income, and less experience managing finances. They may also be dealing with student loan debt, a relatively new mortgage, and full-time careers.
Do Mothers Automatically Get Full Custody in Texas?
Texas law does not automatically grant full custody to mothers. In fact, both parents are treated equally under the law. The Texas Family Code makes it clear that decisions about custody — legally known as conservatorship — are based on the best interests of the child, not the gender of the parent.
Still, many fathers fear they will face bias in custody disputes. If you are a father in Texas, it is important to understand your rights and how to assert them, especially if your children’s mother is making false claims or trying to turn your children against you. For help protecting your relationship with your child, you can rely on our McKinney, TX child custody lawyers.
What Does Texas Law Say About Custody and Parental Rights?
In most cases, Texas courts prefer to appoint both parents as joint managing conservators. This arrangement allows both parents to share in important decisions regarding the child’s education, health care, and religious upbringing. However, joint conservatorship does not always mean spending equal time with the child.
What Are the Advantages of a Collaborative Divorce in Texas?
The divorce process is not always a series of contemptuous courtroom battles and angry disputes over property and child custody. For some couples, collaborative divorce is a realistic possibility. If you and your spouse can work together to work out the terms of your divorce agreement without court intervention, a McKinney, TX collaborative divorce attorney can help you. Learn more about the process and how it may benefit you.
How Is a Collaborative Divorce Different?
In Texas, collaborative divorce focuses on fostering cooperation between both spouses in a much more structured way than a standard uncontested divorce. You and your spouse will work with your respective attorneys to come to solutions that will benefit everyone, including any children involved. This method does not involve litigation. Instead, you may have additional professionals, such as tax specialists, financial advisors, and family therapists, who will help you overcome disagreements and reach a solution with well-informed cooperation.
Do I Need an Attorney Focused on Fathers' Rights?
If you are a father going through a divorce or custody battle, you may already feel that the system is stacked against you. Many men find themselves fighting not just for fair parenting time but also against false accusations, financial pressure, and outdated assumptions about parenting roles. In these situations, working with a Texas family law attorney who understands fathers' rights can make all the difference.
Men facing a hostile divorce or false claims by a co-parent need an advocate who will protect their reputation, secure their parental rights, and fight for a fair outcome. Whether you are just starting the divorce process or responding to new allegations, you do not need to face it alone.
How Are Fathers Treated in Texas Family Law Cases?
Under Texas law, courts are supposed to make custody and support decisions based on the best interests of the child without favoring either parent based on gender. However, real-world outcomes often fall short of that ideal.
What Are the Best Interests of a Child in a Divorce?
Divorce is a life-changing event, and for parents, the biggest concern is often their child’s future. How do you shield your child from conflict, ensure their emotional well-being, and protect your relationship? These are not just personal goals — they are legal ones, too. In Texas, child custody decisions are made based on what is in the best interest of the child. That same principle can guide you through the divorce process with purpose and care.
Our Collin County, TX divorce attorneys are here to help you keep your child at the center of your decisions.
What Does "Best Interest of the Child" Mean in Texas?
Under Texas Law, family law courts evaluate several factors to determine what is in a child’s best interest. These include the child’s physical and emotional needs, each parent’s ability to meet those needs, and the overall stability and safety of each home. Judges may also consider the child’s preferences, especially if the child is 12 or older.
What Happens to Debt During a Divorce in Texas?
During a divorce, the process of dividing assets can be brutal, especially if you are dealing with a contentious, high-asset divorce. Unfortunately, property division also involves distributing debts among the parties involved. This can include credit cards, bank loans, car payments, and more. First, you have to determine what counts as marital debt, making it eligible for division. When you enlist the help of a McKinney, TX divorce attorney, you will know your rights and have a skilled legal advisor on your side throughout the process.
Is Debt Considered Community Property?
Texas is one of nine community property states, and community property states consider most property acquired during the marriage as belonging to both spouses. This also includes most debt. During divorce proceedings, debt is typically divided equally between spouses. However, because Texas law allows for fault-based divorce, the split can be adjusted if there is proof of certain actions during the marriage, including domestic violence and adultery.
Finding The Right Attorney Matters. Contact Us Today.
A family lawyer does much more than simply provide legal answers. Our lawyers explore a variety of different solutions to help you achieve your goals and secure your family's financial and emotional future and stability.
To discuss your case or set up a consultation, call us at 972-562-9890 or use the online contact form.