Couples getting married in Texas rarely see their marriage as a financial partnership. Yet when a couple gets married, state and federal governments do see their relationship as inherently financial in nature and many laws exist to support a couple financially during their marriage. While couples may not think much of this when they are getting tax breaks during their marriage, later on during divorce, finances can be a major point of conflict because the laws must be followed yet do not necessarily reflect a couple’s lived experience. 

Student loans are a great example of this. One spouse may have taken out enormous student loan debt for their personal education while the other spouse worked and put them through school. The spouse who earned the money during the marriage may see it as unfair that they later have to help pay for the student loan debt. Yet Texas is a community property state, which means that all marital assets and debts are seen as belonging equally to both spouses and must be split evenly during divorce. If you are considering divorce in Texas, make sure you understand the law regarding asset and debt division. Bear in mind that this blog does not constitute legal advice and that the best person to answer your questions about your divorce is a Texas divorce attorney. 

Is All of My Property Community Property in Texas? 

With few exceptions, all the property and debt a couple accumulates during their marriage is seen as community property. The exceptions are: 

For a father going through a divorce or a child custody case, the assumption may be that the mother will have the upper hand when decisions on child custody are being made. While this was certainly true in the past, under current Texas law, both parents have the opportunity to pursue equal child custody. Although no outcome is certain and circumstances change from case to case, it is important for a father to understand his rights in a divorce or child custody case. By working with an experienced fathers’ rights attorney, you can pursue your right to play an active role in your child’s life.

The Importance of Establishing Paternity

If you are not married to your child’s mother and would like to seek partial custody, the first step is to make sure that your paternity is legally acknowledged. If the mother of the child agrees that you are the father, you can both sign an Acknowledgment of Paternity (AOP) form. To establish paternity in cases when a biological relationship is uncertain, you may need to take a paternity test or adjudicate your paternity through the court. Once you establish paternity, you can legally seek the right to shared custody.

Factors in a Texas Child Custody Case

During the divorce process or after the establishment of paternity, you may be able to work together to agree on a joint managing conservatorship. This plan should make decisions on a visitation schedule for both parents, the child’s primary residence, how the parents will share decision-making, and how to modify and enforce the order. This plan is subject to review and approval by the court, which will review it to make sure it meets the best interests of your child.  

Most divorces, no matter how many assets the couple currently has, have similar issues that the two sides need to negotiate. The division of marital property, spousal support, child support, and child custody are standard issues that need to be resolved. However, when a divorcing couple has a high net worth or many valuable assets, they can face additional hurdles leading to disputes.

Four Common High-Asset Divorce Considerations

The unique complications of a high-asset divorce can require additional preparation and negotiation to ensure a couple’s financial and property interests are divided fairly. Many couples who enter a marriage with a high net worth will prepare a prenuptial agreement to guide property division in the case of a divorce. Others opt for a postnuptial agreement after the marriage. If there is no agreement in place for property division, some of the challenges that high-asset couples can face include:

• Businesses – Businesses that were started or acquired during the marriage are considered marital property and are subject to division. After the value of the business is determined, one spouse can agree to buy out the other’s share, they can agree to sell the business and divide the proceeds, or they can work out a joint-ownership agreement if their relationship is amicable enough.

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The safety of every child is paramount. In the state of Texas, children are protected from neglect and abuse by the Child Protective Service (CPS), which is a division of the Texas Department of Family and Protective Services (DFPS). They investigate cases of physical and mental abuse and neglect throughout the state and can remove children from unsafe environments. While most child protective service cases are well-founded, the system can also be used by a parent for malicious ends. Sometimes it is to try to win greater custody rights of their children and sometimes it is for nothing more than spite or vengeance towards a former spouse or parent of their child.

What to Do During a CPS Investigation

No matter if you are completely innocent of the charges against you, it is still very important to fully cooperate with the investigation. You may feel angry, confused, and scared of losing your child. However, if you do not cooperate with the investigator, it will reflect poorly on you and hurt your case. You have the right to be represented through the process and should retain an attorney who has experience with DFPS and Child Protective Services investigations.

During a typical investigation, the CPS caseworker will:

No matter what the reason behind your divorce or whether it is an amicable separation or a contentious breakup, discussing the divorce with your children will potentially be the most difficult conversation you’ll ever have. The way you and your spouse address the situation and the children’s reaction will have a lot to do with their age, but carefully planning out what you will say and how you respond to their questions is also important. Whether your children are expecting the news or it is coming as a complete shock, your preparation and reaction are key to keeping a positive environment.

Prepare for the Conversation and the Questions Afterward

Divorce will be an emotional time for everyone involved. Making sure that both parents are on the same page and present for the conversation is key. The following tips are helpful for you to come up with a plan for how to discuss your divorce with your children before it happens.

Plan your conversation ahead of time – Make sure you have a plan of how you will be sharing the news with your kids and stick to it. It is best to use direct, honest, and simple language to avoid any confusion. You can best judge what language to use based on the age of your children.