Mom taking care of her baby

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 512-489-9820 or contact us online to schedule a consultation.

About the Author
Ben Carrasco is a highly skilled family law attorney based in Austin, Texas, known for his extensive expertise in family law and business litigation. While his primary focus is family law, Ben brings a wealth of experience in litigating diverse business disputes, ranging from breach of contract and collections to business torts, fraud, and real estate matters. In his family law practice, Ben navigates all aspects of the field, including divorce, child custody, support, property division, and more, offering clients expert guidance throughout the litigation process. His legal journey began in complex commercial litigation, initially with a global law firm and later with a prominent Austin-based firm. However, driven by a desire to make a direct impact on people's lives and embrace the human element of the law, Ben transitioned to family law, a decision that has proven to be deeply rewarding. A proud Austin native with roots in California, Ben completed his undergraduate studies at the University of California, Berkeley, before earning his law degree at Stanford Law School, where he excelled in legal writing and served as an associate editor of the Stanford Law and Policy Review.