Texas is a Community Property State: What That Means for Divorce

Most states are equitable distribution states. Courts there have relatively wide latitude to divide property equitably (not necessarily equally) based on what is fair under the circumstances. On the other hand, Texas is a community property state. Courts operate under the presumption that property acquired during the marriage is community property, and the property should…

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Can I Get Divorced in Texas Without My Spouse’s Consent?

Yes, you can get divorced in Texas without your spouse’s consent. You do need to meet the standard requirements, such as residency, filing, and serving the papers properly. If your spouse says, “I don’t agree to get divorced,” your case can still move forward. Even if your spouse does nothing and does not respond to…

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Updating Your Estate Plan for Divorce: 5 Changes to Make

If you’re planning to file for a divorce or have already gotten the ball rolling on your separation, there are some vital steps you should take as soon as possible to shore up your financial future. While there are often plenty of immediate financial fires in need of putting out during the early stages of…

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How a Business Owner Should Prepare for Divorce in Texas

According to a recent report, there are roughly 3.5 million small businesses operating across the state of Texas. Local business owners help fuel our economy and provide millions of Texans with the job security they need to support themselves and their families. When a business owner gets divorced, however, the organization they worked so hard…

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Protecting Retirement Accounts from Divorce

Texas is a community property state. This means that when spouses divorce, Texas will divide all of the marital property based on what is “just and right,” no matter how the marital property is titled. It generally doesn’t matter that your retirement benefits or your spouse’s retirement benefits are titled in just your name or…

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Who Gets the Pets in a Divorce?

You’ve probably heard of couples staying together “for the kids,” but what about the pets? Given that nearly 60% of families in Texas report having at least one pet, it’s no surprise that pet ownership often becomes a hot-button issue for couples going through a divorce. Pets are cherished members of families from all walks…

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How Is the Amount of Alimony Determined in Texas?

Whether you’re considering filing for divorce or are already in the middle of one, you probably have a lot of questions about the potential financial ramifications of your separation. In light of recent economic trends and the ever-growing costs of living, many couples are justifiably concerned about the thought of severing their finances. As the…

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Does Texas Favor the Mother in Child Custody Cases?

Until relatively recently, many courts, including in Texas, did favor mothers in child custody cases. Those days are gone, however, at least officially. Texas child custody law is now strictly gender-neutral. To fully understand the Texas child custody landscape you need to learn the prevailing legal standards and the factors that influence custody determinations. The…

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Do Both Parties Have to Agree to a Divorce in Texas?

Divorcing your spouse is a lot more complex than breaking up with your boyfriend/girlfriend, both legally and emotionally. Ultimately, Texas will not force spouses to stay together if even one of them wants to leave the marriage. Even though a spouse who is unwilling to divorce cannot stop a divorce from happening, they can add…

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Are Any Assets Protected From Divorce Property Division?

During a marriage, one or both spouses build assets. During a divorce, a court will split these assets. As you might imagine, disputes often arise over who gets what. Since Texas is one of the nine community property states, many people believe a court will split assets on a strict 50/50 basis. The truth is…

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