It’s common to go to friends or family to discuss what you can expect if you’re considering getting a divorce. Even if you trust the word of those closest to you, you could be adding unnecessary stress to yourself by not speaking with an attorney to get factual information.
When you’re about to get divorced, there are many misconceptions about what you’re entitled to during and after it is finalized. We want to help put an end to some of the confusion, so keep reading for more information.
Community Property and Assets are Divided 50/50
Maybe you’ve heard the myth that once you get a divorce, your spouse has to split everything down the middle with you. That’s not entirely true.
Texas is a community property state, so all property both parties acquired together while you were married is considered and can be divided. However, the overall division of assets will be equally divided, although not necessarily 50/50.
Factors like custody and income can affect the balance of division. A court will decide the balance of how everything is divided and you will get what is deemed to be “just and right.”
You Don’t Need a Lawyer to File For Divorce
While it’s true you don’t need an attorney to file paperwork to get a divorce, getting one can be very beneficial to your case. Not all divorce cases will result in a trial, but consulting with an attorney to help you file all of the proper paperwork is necessary.
If you have children, high worth assets, or your spouse wants to contest your divorce, you will most likely need an attorney. Having one present to speak on your behalf to a judge may improve your chances of getting what you want in your divorce.
An experienced family law attorney who is familiar with the court system of Texas can act as a mediator to help you resolve your case without going to court. This mediator will serve as a neutral party in discussions with you and your former spouse’s attorney to determine the best outcome for both parties.
Alimony is Given
In Texas, there is no such thing as alimony. Post-Divorce maintenance, commonly referred to as spousal support, is given under Chapter 8 of the family code. The minimum requirement to qualify for post-divorce maintenance is being married for at least 10 years. You would need to explain to the court why post-divorce maintenance is necessary.
If the court decides you’re eligible for spousal support, here’s what you can expect:
Your ex won’t pay more than $5,000 per month or no more than 20% of their income.
The amount should be enough to cover your reasonable expenses.
A judge will decide whether or not payments will be made periodically.
Maintenance will also vary depending on any children involved.
You Need a Reason to Get Divorced
Like most states, Texas is a no-fault divorce state. You don’t technically need to have a reason to get divorced, instead, you can claim “insupportability,” meaning there was a conflict of personalities. This is also known as irreconcilable differences.
You Can’t Get Your Spouse’s Retirement
Retirement falls under community property in Texas if contributions to retirement were made during the marriage. If other assets can be awarded to you equally, you would be awarded the retirement portion as community property.
Contact a Southlake Family Law Attorney
Keep in mind that speaking with an attorney can help you find the right answers according to the law in Texas. Our Southlake attorney Michelle Purvis Law can answer any questions you have and provide clarity about what to expect with your divorce case.
Call us at (817) 809-8199 for more information about divorce in Texas.