An Overview of Dissolution of Marriage in Texas
Texas is a no-fault divorce state, meaning that the only reason required for filing for divorce is by declaring that the marriage is over and irretrievably broken. This term is known as “insupportability.” There does not need to be grounds for divorce or a legal duty to reconcile in Texas. Under certain limited circumstances the reasons for a marriage breakdown may be considered and the outcomes with regard to child support, child custody, court ordered spousal maintenance, and division of assets may be affected. Those limited circumstances include:
- Conviction of a felony
- Living apart
- Confinement in a mental hospital
Before considering the pursuit of a divorce, meet with an experienced divorce attorney from the firm of Allen & Roig, LLP. We have a prominent presence in the San Antonio, Texas area and are known for our expertise in the practices of divorce and family law. Whether you are seeking a no-fault divorce, or wish to pursue a divorce that also includes other circumstances, we will evaluate your case and advise you on all of the possible opportunities and ramifications.
What is A Contested Divorce?
A contested divorce means that the parties can’t reach an agreement on any one of the following:
- Agreeing to be divorced
- Division of property and debts.
- Custody, visitation, support, and decision-making responsibilities
- Amount and duration of any spousal support
If even one of these points is in dispute, a divorce becomes contested.
Division of Assets and Liabilities
Texas is a community property state. All property that is real or personal that was acquired during a marriage is considered community property and is owned jointly by each partner. As a community property state, the courts will divide marital assets in way that is considered “just and right” taking into consideration the rights of each spouse and any children in the marriage. It is important to know that in allocating the property, just and right doesn’t necessarily mean a 50/50 division.
Texas law also considers some property as separate property. Under some circumstances this separate property is not necessarily divided and includes property that was owned by one spouse before the marriage, given to one spouse as a gift or inheritance, or was an award from certain kinds of lawsuits.
Just like assets, debts acquired during the marriage in Texas belong to both spouses. Debts incurred before a marriage or after a marriage or separation, may only belong to the spouse who incurred them. As with the division of assets, many disputes arise as to who is responsible. You will want to have a good divorce attorney in San Antonio, TX on your side to represent you in determining the appropriate division of assets and debt. Our firm’s specialized expertise in understanding Texas law will ensure that there is a thorough examination of all of the financial factors involved and that our clients’ current and future financial position is protected.
Texas Child Support Guidelines dictate child support obligations. However, some situations require a more customized approach. We work to see that child support payments are structured so that both parents pay their fair share of the financial responsibilities.
You Deserve the Best Representation
If you are considering divorce, contact the San Antonio divorce lawyers of Allen & Roig, LLP right away. Our skilled lawyers will analyze your situation and help you make sound decisions for the best interests of your children and the preservation of your assets. Divorce issues are extremely complex, they are emotionally and financially taxing, and can be overwhelming for all of the parties involved. We can guide you through this maze, provide valuable legal guidance and representation, negotiate on your behalf, take your case to trial if necessary, and help you gain the stability and certainty you need to move forward with your life. Call us today!