Going through a divorce can leave you feeling uncertain about your future. Questions like how long do you have to be married to get half of everything in Texas are common—and the answers depend on several legal factors. Texas divorce laws may seem complicated, but understanding how the law applies to your unique case is key to protecting your rights and securing your future. This blog will break down the essentials to help guide you through the divorce process in Texas.
At The Stout Law Firm, PLLC, we know how stressful divorce is, and we’re here to help. Whether you are just starting the process or in the midst of divorce, we’re here to help you navigate your Texas divorce with clarity and confidence. Contact us today to schedule a consultation and we will walk with you every step of the way.
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Is Property Divided 50/50 in Texas?
Texas is a community property state, but that does not necessarily mean that property is divided 50/50. Community property includes assets acquired during the marriage, like income, homes, and cars. Texas law requires that the community estate be divided in a “just and right” manner based on the facts and circumstances of a case. However, that does not always mean an equal division. One spouse may be entitled to a disproportionate division based on various relevant factors that Texas courts consider when dividing the community estate, including but not limited to:
- Fault in the breakup of the marriage;
- Disparity of earning power of the spouses and their ability to support themselves;
- Health of the spouses;
- Needs of the children of the marriage;
- Tax consequences of the division of property;
- Wasting of community assets;
- Nature of the property involved in the division; and
- Actual and/or constructive fraud committed by a spouse..
Remember that separate property is not part of the community estate and therefore, is not subject to division. Separate property includes property acquired before marriage or gifted or inherited during the marriage. For example, you may have owned a house, a car, or retirement funds prior to marriage, or received an inheritance or gifts during marriage. If you have sufficient evidence to prove the property is separate property, it is not subject to division by the court.
To fully understand how the community estate may be divided in your case, it is critical to consult with an experienced family law attorney who can help identify and value your community estate and evaluate any potential separate property claims.
Get Clear Answers About Your Property Rights in Texas Today
How Long Do You Have to Be Married to Split Assets 50/50?
How long do you have to be married to get half of everything in Texas? The answer is the community estate is divided in a just and right manner, no matter the length of your marriage. But remember, what is “just and right” is based on the specific facts and circumstances of your case and does not necessarily mean 50/50. The length of the marriage is just one factor the court may consider when deciding how to divide community property.
If you want to understand how your community estate may be divided in a divorce, consult with an attorney who specializes in family law and understands the intricacies of property division in Texas.
Is a Wife Entitled to Half of Everything?
Many people assume that one spouse—often the wife—automatically gets half of everything in a divorce. In Texas, gender plays no role in the division of the community estate. Whether you are the wife or husband, the court will review the circumstances and determine a just and right division based on the relevant facts of your case.
Factors like earning capacity and contributions to the household could influence the final division. For example, if one spouse sacrificed their career to raise children or support the other’s career, the court may adjust the property division to reflect those contributions.
If you are worried about protecting your community estate or securing a favorable property division, working with an experienced family law attorney is essential.
Custody Laws in Texas: What You Need to Know
Child custody is often one of the most emotional aspects of a divorce, especially when parents are uncertain about what the future holds for their children after divorce. You may wonder how Texas courts determine custody and whether the state favors one parent over the other. Understanding the factors that courts consider can provide peace of mind and help set your expectations for the custody process.
Texas law prioritizes the best interests of the child when determining custody. Joint custody (also called joint managing conservatorship) is common, which gives both parents the right to make important decisions about the child’s life, like educational decisions and decisions regarding psychiatric and psychological treatment. In addition to decision making rights, parents are typically awarded periods of possession of or access to their children, so long as it is in their child’s best interest.
Joint custody does not necessarily mean equal time with a child. While a 50/50 custody split may be possible in certain courts, it is not guaranteed. The Texas Family Code presumes that a standard possession order is in the best interest of children over the age of three. However, the court can grant an alternative possession schedule if it is in the best interest of a child. Understanding the nuances of Texas custody laws is critical to protecting your parental rights and time with your children. An experienced family law attorney can guide you through the process and help identify the best arrangement for you and your children based on the facts and circumstances of your case.
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Steps to Take During Your Divorce
Divorce may seem daunting, but breaking the process into manageable steps can make it easier:
- Understand and identify your assets and debts. Gather information about your finances, assets, and debts, whether held in your name individually or jointly with your spouse. Remember, in Texas, all property acquired during the marriage is presumed to be community property, no matter whose name the property is held in. If you own separate property, it is your burden to prove that the property is separate.
- Learn about custody options. If children are involved, prepare for potential custody disputes by consulting with a family law attorney who can help you understand what Texas courts prioritize.
- Seek legal guidance. Hire an experienced family law attorney to walk you through the process and zealously advocate for your rights and interests.
- Focus on the big picture. While it may be tempting to fight over every detail, keep in mind the long-term goals for you and your children.
- Communicate clearly. Whether you hire an attorney or not, aim for clear, constructive communication to resolve and minimize conflict with your spouse.
By following these steps, you can approach your divorce with confidence. Breaking the process down into smaller, manageable tasks helps ensure that you stay organized and focused on what matters most—your future and the well-being of your children. With proper guidance from a family law attorney, you will be better equipped to navigate each phase of the divorce and move forward with clarity.
Get the Divorce Guidance You Need from The Stout Law Firm, PLLC
Whether you seek guidance on property division or help with custody, The Stout Law Firm, PLLC, is here to expertly guide you through the process. With years of experience, compassion, and a commitment to achieving results, we are here to zealously advocate for you and your rights. Call or contact us online today to schedule a consultation and take the first step towards your future.
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