The court has the power to distribute community property based on what it thinks is fair. However, there must be a reasonable basis for unequal distribution. There are many factors that the court considers when deciding that the distribution of property should not be equal. This includes things such as ages, education, earning capacities, skills, business opportunities and the health of spouses. The court will look at whether a given spouse is the primary care giver if the couple had children together and the amount of property that each spouse owns separately. The court will also consider whether one party did something that caused the marriage to fail.
The spouses will have their chance to decide by themselves how the community property will be shared. For example, if they decide to sell their hose and divide the proceeds, allow the husband to keep all his retirement benefits or allow the wife to keep the cars, they can submit their settlement agreement to the court. The court usually accepts the agreement without any involvement. If the spouses cannot come to an agreement, the court will decide how their property will be divided among them.
Alimony or spousal maintenance is payment from one spouse to another to help the recipient meet reasonable needs after the divorce. The determination of separation maintenance is separate from the division of community property. The court in Texas is always reluctant to award maintenance payments unless a spouse has been accused and convicted of violence against the children or the other spouse. Otherwise, the other spouse seeking payment should not be able to work because of disability or because he/she is a custodian of a child who is disabled. A spouse may also receive maintenance award if the marriage lasted for more than 10 years.
The spouse seeking support must prove to the court that he/she does not have the ability to become self-supporting or to secure income. This because the existence of one or more of the factors discussed above does not guarantee that one is going to receive maintenance support from the other spouse. Also, the court will not ignore bad behavior by either spouse e.g. adultery, wastage of community property etc
In Texas, all the income and property acquired by the parties in a marriage is considered to be community property and belongs to both the husband and the wife. When they decide to divorce, the property should be split equally. The debts that each of the spouse incurs in the course of the marriage will also considered as community debt and belongs to both parties in the marriage equally. However, there are instances when the court may order that there will be an unequal split.
The court usually starts its evaluation with a presumption that all the property that a couple owns is community property. This includes all forms of properties that were acquired throughout the marriage. A spouse who wants to remain with a given piece of property must convince the court that the asset in question is separate property.
Separate property is a term used in Texas to refer to the things that belonged to one of the spouse before marriage. Also, the property must have been kept separately during marriage. Separate property also includes things that may have been given only to one spouse in the course of the marriage such as a gift that a friend or family member gives the husband or the wife, inheritance etc.
www.Mdalaw.com divorce attorney houston If one spouse suffers from personal injury and receives compensation for the injuries suffered, the money will still remain as separate property of the spouse who was injured. The only exception is when the compensation was meant to compensate for the loss of income that the couple suffered from because of the injury.
The common types of property divided equally include things like the family house, jewelry and clothing, dividends, income and benefits. All property regarded as community property must be divided equally when a marriage comes to an end. The debts will be divided equally as well. When one spouse proves that a given asset is a separate property, the asset will remain as his/her property. The court will not award it to the other party in the divorce click here.
You should not attempt to drop you children or spouse from your insurance policy before the divorce is finalized. However, you should notify your employer before the judge signs the final decree.
Custody, visitation and child support
You will have to decide on how you are going to share your children. There are presumptions and doctrines that are used by the court when deciding who should get custody. The court considers the best interest of the child. The following things will be considered:
Parental rights: The parents have the right to live with their children. The children can only live with other people e.g. grandparents when the parents are found to be unfit.
Continuity of placement: Divorce should have as little effect as possible on the life of the children. Things should not be messed up if the children are doing fine where they are.
The preference of the children: Which parent do the children want to live with? This may have an effect on the judge’s decision. However, the judge is not bound by what the children want. The judge is after the best interest of the children
Other factors: The age of the custodian, health, religious belief etc. can be considered by the court of law.
The earnings of each parent, the needs of the children and financial assets are some of the factors that will be considered when trying to determine a child support amount that is fair. If the parents agree on a visitation schedule, the court will approve it.
You have to create new will after a divorce. If you die while separated, your spouse will inherit everything unless you have written a new will. If your spouse has power of attorney, make sure that it is canceled as soon as possible.
A woman can start using her maiden name anytime she wants. However, she might face a problem when trying to convince Social Security Administration and other entities that she has legally returned to using her maiden name. A woman can request the court to restore her maiden name even when she is not the complainant.