How To Divorce In Texas: What Is The Basic Divorce Law In Texas And How Does It Work?
Divorce attorney Texas : Divorce in Texas is governed by the Texas Family Code. The State of Texas is a community property state and what this means is that any property acquired during a legally sanctioned marriage that is not acquired through a gift or an inheritance may end up as property of the community or marriage. In such a situation, each spouse has an equal right to that property. But this does now mean that each party is entitled to an equal half of the property. Texas state law provides for a just and right division of marital property which means that the division need not be half and half or 50/50. The court will take into account other factors in deciding how much one spouse gets in comparison to the other spouse. As an example, consider the case of a mother who is a housewife and did not receive a formal education, having stayed home and raised the children, and whose husband committed adultery. The court would take into account these and possibly other factors to determine what is fair and equitable when it comes to division of assets between the two spouses. Divorce attorney in Texas : Texas divorce law also does not allow for alimony. It allows for spousal maintenance, but the couple seeking divorce must have been married for at least 10 years in order for maintenance to be a possibility. Also, this provision does not cover domestic partnerships between gay men and lesbian women. When it comes to common-law marriages, in this state they are treated like regular marriages. But for this provision to be in force a date must be determined on which the couple met all of the elements of common-law marriage in the state of Texas. There are three elements as follows: (1) cohabitation, (2) the partners holding themselves out as husband and wife and (3) the partners having an agreement to be married. This can usually be determined through their filing taxes together or any other type of governmental paperwork concerning the marriage. Other facts and circumstances can also come into play. For example, if the male partner makes a will and calls his female partner “wife,†this can serve as evidence. It just depends on when it can be proven that all elements of a common-law marriage were in place. Once this date has been determined, then questions regarding division of community property can be addressed. If you are involved in a divorce and need legal assistance in the McAllen-Harlingen, Texas or Austin, Tx area, get immediate assistance at http://www.barrera-lawfirm.com.
