Divorcing couples in Texas who have been married long enough to hold bank accounts, property, or other assets in common must divide these assets as part of the divorce process. Some states are “equitable division” states, meaning courts divide community property in a way that is fair rather than equal. Texas, however, is a “community property” state, meaning that courts presume that all property acquired during the marriage by either spouse belongs to both spouses equally. 

 Spouses may own separate property, but to keep this property separate during the divorce process, spouses must prove it is not community property. In this article, we will examine the difference between marital and separate property, and how these categories can influence the way property is handled in your divorce. 

Community Property vs. Separate Property

 Separate property consists of assets that fall into one or more of the following categories: 

There is never an ideal time for divorce, but facing an unexpected divorce when you are deployed can be daunting. You may wonder whether you will be expected to respond to court proceedings and how this could impact your relationship with your children when you get back. 

Understanding how military divorce laws work in Texas is of utmost importance. This article gives a brief overview of common questions that deployed service members may have. A Texas divorce attorney with experience in military divorces can help you understand your legal rights and advocate on your behalf for a favorable outcome. 

When Can A Spouse File for Divorce in Texas?

In order to file for divorce in Texas, certain residency conditions must be met: 

Mediation is a process through which spouses negotiate the terms of their divorce using a specially trained and impartial guide (or “mediator”) throughout the process. During mediation, spouses can come to an agreement on all divorce matters, including marital property division, child support, spousal support, child custody, and visitation. In fact, as long as both spouses are represented by attorneys and there are no allegations of abuse, Texas mandates that family law cases involving custody and visitation issues must go through mediation.

If you are considering divorce, you may wonder if mediation is right for you. In this article, we will look at five common questions about divorce mediation. Keep in mind that an experienced Texas divorce attorney is your best choice for legal divorce advice.

Is a Divorce Lawyer the Same Thing as a Mediator?

Although many mediators are family law attorneys, the role of a mediator is different from that of an attorney. While an attorney represents one side in a divorce case, a mediator is responsible for helping both sides. Spouses can each hire their own attorney, and then share the cost of the mediator.

Child custody is often one of the most complex elements of a divorce, and this is especially true for parents serving in the military. The prospect of being away from your child during deployment is difficult enough. Not knowing how deployment could affect your visitation rights is even more difficult.

Fortunately, Texas law contains provisions for deployed military parents that can help make their deployment’s effect on custody more straightforward, saving military members time and stress. As always, working with an experienced attorney is one of the best ways to ensure you have the time with your child to which you are entitled.

Who Does My Child Stay With When I am Deployed?

Texas law stipulates that a custodial parent who is deployed can ask the court to appoint another person as the child’s temporary custodial caregiver. The court will generally designate temporary custody to the noncustodial parent unless it is not in the child’s best interests.

The divorce process in Texas can be complicated and unpleasant. Between the paperwork, negotiation, stress, and expense, most people are glad when their divorce ends. Unfortunately, people often make mistakes that prolong their divorce, cost them more money, and make it more difficult to obtain a favorable outcome. Although the following list is not comprehensive, avoiding the following mistakes can help your divorce move faster and more smoothly, saving you time and money in the long run.

Failing to Comprehensively Understand Your Finances

In order to negotiate wisely and achieve a division of assets that works in both your short- and long-term favor, you need to understand your entire financial situation. This includes your assets, but also your monthly expenses and debt obligations. On top of this, you will need to estimate your and your family’s future expenses without the benefit of two incomes. Working with financial professionals like accountants and money managers can help with this process.

Fighting Over Unimportant Things

Nobody gets exactly what they want in a divorce. Couples often prolong the asset division and custody allocation process by haggling over things that appeal to pride more than to practicality. There is truth in the unfortunate stereotype that couples can litigate away all of their wealth, often ending up with much less than if they had managed to compromise. Carefully choose the things that are of crucial importance, and let the rest go.