During a divorce one of the most important issues to be decided is how to divide the community estate, or more precisely defined as, the property acquired during the marriage that is not separate property. (Complex issues can sometimes arise when deciding if something is community or separate property and you should enlist the help of a qualified Houston divorce attorney if you are facing this task). The question of how to characterize property as community or separate can be difficult when the parties are clearly married but can be even more dicey if the marriage is void under Texas law. Sometimes certain marriages are void, and for that reason no property is "acquired during the marriage" because there was no marriage. Where does that leave an innocent spouse upon divorce in such a circumstance? Read on for some insight.
Many people are familiar with the term "common law marriage", in Texas this idea is called an informal marriage. Not all states recognize informal marriage, but fortunately for some, Texas recognizes the informal marriage to the same degree as a formal one. So if you are a part of an informal marriage then you cannot dissolve it merely by pretending it never happened. To dissolve an informal marriage you either need to get a divorce, annulment, or one of the parties must have died. To actually dissolve an informal marriage it is wise to seek the counsel of a Houston divorce lawyer, but read on to learn more.
The situation sometimes arises when one party to a divorce or other family law matter is a non-resident of Texas who resides in another country and it is imperative that you hire an attorney who has experience in this area if you are in such a situation. It is important to follow the procedures for service overseas so as to avoid any judgment that you may obtain at the trial court level from being declared void.
To begin, good first question would be where to find the laws on child custody in Texas. The answer is that many Texas child custody laws are codified under Title 5 of the Texas Family Code. The rules are very complex and this article is just a brief introductory guide. To get specific details about your case please call my office to schedule an appointment. That being said, let's dive into a general description of child custody in Texas.
The state of Texas has enacted legislation, under the Texas Family Code, that allows a victim of domestic violence to ask a Texas family court of law to render an order that is designed to help stop an abuser from contacting, threatening, physically harming, a victim or a victim's household, and ordering the abuser to stay away from the victim's residence or place of employment. Read on to learn more about obtaining a protective order in Texas.
Many folks who are going through a Texas divorce, or are contemplating a divorce in Texas, wonder what is going to happen to the property that they have acquired during their marriage. Many people worry that they are going to suffer because they are a male, or operate under the common misconception that a division of property in a Texas divorce is automatically 50/50, or that you can marry a billionaire for a week and get half of what they own by getting a divorce a few days or weeks later. The truth of the matter is that many factors come into play when a Texas divorce court decides how to divvy up a marital estate. How will the marital property be divided you ask? It depends, read on to learn more.
What is Community Property in Texas?
Many people are anxious to know how much marital property they are going to be able to walk away with after a Texas divorce. As background, everything acquired during marriage is community property; regardless of whose name is on the item in question. What that means is that the item belongs one hundred percent to you and one hundred percent to your spouse. A court will seek to make a just and right division, how a court divides property is the subject of a separate article that can be found here: "Dividing Property in a Texas Divorce, Is it Just and Right?". What I want to address is the benefit or harm that could be caused in excessively fighting over certain property in a divorce.
People get divorced for many different reasons, the reasons for divorce are not the topic of this post. The topic of this post is what do you want once you have actually decided to obtain a divorce. You and your attorney need to identify your goals to achieve the best result for you and your family.
You may or may not be surprised to learn that most Texas divorce cases settle outside of court. You may not understand why you should attend mediation and you may just be ready to have your day in court. Attending mediation doesn't mean that you are giving up on your day in court, and in many instances a Texas court of law will require the parties to attend mediation before any contested hearing, especially if child custody is involved or their are complex property issues to be litigated. Although mediation doesn't always work, it can present some valuable opportunities that may be impossible to get standing in front of a judge.
Divorce isn't something people usually enjoy and can compound the already high level of stress involved in everyday life. There are so many feelings that are involved in the process, hurt, burdened, afraid, angry, are a few, there are too many to list. The following article is going to give you a few tips about why talking to an attorney before a divorce is a good idea and can be beneficial for you. Divorce should not be taken on alone and I encourage you to schedule a free consultation by calling 832-777-8924 or by sending an email to email@example.com.
Chad Zubi Houston Family and Criminal Law Attorney.