Community Property and Separate Property
One of the most contentious parts of the divorce process is the equitable distribution of marital property. In Texas, there is community property and separate property. Community property is anything that was bought during the marriage.
Property that qualifies as community property includes items such as:
- Residences
- Vehicles
- Furniture and other household items
In Texas, pensions and business assets are considered community property too. All community property must be divided between the divorcing couple.
Separate property is anything that the spouses owned before they were married, or anything inherited or gifted to only one party. Spouses keep their separate property and it’s not subject to property division laws.
Separate property is anything that the spouses owned before they were married.
“Just and Right” Property Division
Many divorcing couples are rightfully concerned about fair property division. To ensure this happens, Texas law has put in place “just and right” property division. Often, people assume this means that everything will be divided equally. However, that’s not how property is divided.
The courts consider many factors when determining how property is divided. They consider the following:
- Earning power
- Employability
- Health issues
- Education
- Custody arrangements
- And more
Hiring a divorce lawyer in Texas never guarantees a precise outcome, but it does give you a better chance at getting a fair deal. Lawyers advocate for their clients and make sure their rights are protected during equitable property division negotiations.
How Child Custody Works in Texas
Dissolving a marriage when children are involved is an even trickier situation. The children’s best interests should always be at the heart of any child custody case. Sometimes this isn’t easy to do when divorcing spouses are involved in combative divorce proceedings.
During a child custody case, terms one will hear include sole custody (or sole conservatorship) and joint custody (or joint conservatorship). Here’s a brief overview of what each of these terms’ means:
How We Can Help
Achieving a divorce in Texas is possible if you understand the legal process, utilize uncontested divorce options, and consider self-representation. By following the steps outlined in this guide, you can reduce your divorce costs while ensuring that your rights are protected. Remember, resources like online legal forms and low-cost legal aid can provide valuable support throughout the process.
Our goal at Ready Divorce Service is to provide clarity and support tailored to your individual needs. By choosing us, you’re not just getting legal assistance; you’re gaining a partner who will be with you every step of the way as you embark on a new chapter of your life.