What is Fair in Divorce?
Divorce impacts what matters to you the most, touching on everything from your family relationships to your financial security. But, beyond the legalese, stress, and emotions involved, a divorce is simply a division of properties accumulated during marriage and, if there are children of the marriage, a parenting plan. Like mediation, a divorce may not necessarily result in what is fair and equitable to both parties.
Texas is a “community property” state, meaning that the court presumes that all property and assets acquired by either spouse during marriage are jointly owned and therefore subject to a “just and right” division. These assets include salary, wages, overtime, and bonuses of either spouse earned during the marriage, income from community assets, and income from separate property generated during the marriage. However, each spouse may demonstrate proof to rebut such presumption and establish properties and assets as his or her separate property that cannot be divided by the court. “Separate property” are properties owned by either spouse before marriage, properties acquired during marriage by gift, will, or inheritance, properties purchased with funds from separate property, properties accumulated as a result of a written partition and exchange agreement, and tort recovery for personal injury and may be confirmed by the court as separate property upon tracing.
In divorce, the court can only consider what is in the best interest of the child in establishing a fair parenting plan, which is not necessarily what is fair or convenient for the parents.
Rather than promoting a “scorched earth” or “tit-for-tat” approach, we strive to be part of the solution and to help you survive your divorce and move on with your life.
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