Sometimes people near or at retirement age come into my office and would like to know about what will happen to the assets that they have worked much of their lives to amass upon divorce. The answer to this question is of importance to more and more people in Texas and I thought this would be a good time to shed some light on the subject.
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.
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.
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 firstname.lastname@example.org.
Chad Zubi Houston Family and Criminal Law Attorney.