Divorce can be one of the most difficult and complex experiences of a person's life. In the State of Texas, a divorce cannot be granted without settling what is in the best interest of children involved and the division of the community property. For further information on children, including
child custody,
child support, visitation and enforcement orders, please refer to those specific sections of this website.
Texas is a community property state. Although there are exceptions to every rule, community property is subject to a division in the event of a divorce, including debts. Before the community estate can be divided, it must be characterized. The estate is not merely divided by giving each side 50%. Instead, several questions are asked to determine what a "fair and equitable" division of that estate should be. For example, items that would be considered as part of the community estate could consist of cars, houses and other property obtained during the marriage.
In the State of Texas, property that is considered the separate asset of a party is generally not divided. It is only the community estate that gets divided. For instance, if one party owned a house before the marriage, that house would remain the property of that person after the divorce is settled. However, there are also rules that might give the other spouse a claim of reimbursement if certain criteria are met.
Other separate property items may include such things as stocks, businesses, inheritance and gifts. Whether each item of the marriage is characterized as community or separate is the key to the final outcome of the division of property.
Until just the last few years, Texas was the last state of the union without any alimony. Legislative changes have opened the door to spousal support following a divorce. However, alimony is limited in scope and duration. The possibility and probability of spousal support will be evaluated by the lawyer and factored into the strategy of the case.
There are those who are able to simplify their divorce by agreeing with their spouses on the division of the marital estate and on the issues regarding the children. Such simplification is often a good idea and can greatly improve the financial and emotional factors of a divorce. However, your decision must be carefully thought through. After the divorce is over, it is often too late to change your mind. Possibly even more important is if your deal falls apart before the divorce is finalized, then you will need your
Dallas attorney to be "in your corner" and able to aggressively represent your and your family's best interests.
The Andersons,
Dallas Texas divorce attorneys are experienced trial lawyers. Their experience and knowledge can help you and guide you through this difficult and stressful time.
