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FAMILY LAW
DIVORCE
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 which is not necessarily an equal split. Alimony is limited in scope and duration.
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. 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 which includes property owend prior to marrige, gifts, stocks, businesses, and inherited property. Only the community estate that gets divided. However, there are also rules that might give the other spouse a claim of reimbursement if certain criteria are met for seperate property.
Whether each item of the marriage is characterized as community or separate is the key to the final outcome of the division of property. 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.
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Will Challenge
