When navigating a divorce in Texas, the division of marital property and debt is a critical and complex issue. For those who have dedicated years to building financial stability, supporting their families, or giving back to their communities, the emotional and practical impact of divorce can be profound. Navigating the allocation of marital property can be challenging. Key questions arise: What rules govern property division in Texas? What factors influence this process? Military families face additional complexities. How does property division for military divorces differ from civilian cases, and what unique factors must be addressed?
In today’s blog post from the Law Office of Bryan Fagan, I would like to discuss with you these factors. Considering the sheer volume of information available on the Internet about Community property in Texas I do not want to overwhelm you with facts and figures and legal jargon. Rather, I am going to do my best to provide you with basic information that should be able to assist you in getting a better idea about what you may be in store for when it comes to dividing up your community a state. For as long as people have been getting a divorce in Texas, Community property has been an important subject. Let’s walk through the subject matter that will be most important to your case to gain a better understanding of this important subject.
What property is in play for your Texas divorce?
It is less important to know textbook pieces of information on Community property law. If you’re deeply interested, explore the Texas Family Code, appellate case decisions, and various legal articles for foundational information. However, focusing on the practical application of the law will likely be more beneficial for preparing for your divorce. I have found that people often become much more clear-headed and calm about divorce when they understand what to expect on a practical level.
The important thing about community property is identifying the property that you own. We are not talking about theoretical property ownership or case studies to help you learn more about the law as it pertains to other people. Rather, we are talking about what it means to get a divorce in Texas based on the property that you and your spouse owned. In brief, community property is any property that you and your spouse came to home during your marriage. Separate property is any property that you or your spouse earned and owned before your marriage.
Preparing for property division in divorce
From there, the task becomes somewhat more difficult as you will need to be able to identify the property that you and your spouse own which falls into each category. We can see that this will take some time. It is not the sort of activity that you can throw together at the last minute and expect to be able to come away with an accurate idea of property Division in your divorce. Rather, you need to be able to prepare for this as best as possible.
Probably the most common way that people prepare for this aspect of their divorce is by completing an inventory and appraisement. Simply put, an inventory is a rundown of all of the property that you own. This rundown can be something as simple as a Microsoft Word document on your computer, a note on your cell phone, or even scribblings on a legal pad. To avoid surprises when dividing property, you need to have a clear understanding of what you own. By thoroughly assessing your assets early in the divorce process, you position yourself well, so you won’t have to scramble at the end to determine how to divide the community property.
Managing property division: Documenting personal items
A simple way to divide this property in terms of an exercise that you can perform is to take your cell phone camera and walk through each room in your house to take photographs. Walk through each room and open drawers and closets to get a complete picture of the personal property that may be part of your estate. Jewelry, personal items, and things of that nature tend during times like these to grow legs and walk away if you know what I mean. Although your belongings might not face specific issues during a divorce, your spouse could misplace or temporarily move items.
So, it would make a lot of sense for you to be able to keep close tabs on this information in these types of items. Do not assume that you will always have access to them moving forward in your divorce. You might choose to leave the house and your spouse was to change the locks on the door or otherwise bar you from entry. Additionally, in a temporary orders phase of the case, you may lose access to the house except for certain purposes.
In that event, You will not be able to check on the status of these items whenever you would like. As a result, I recommend that you consider the implications of not having access to the home when it comes to inventorying your property. Take the time at the beginning of the case or preferably for the case even begin to Keep an eye on the property that you own. Additionally, this will assist you in preparing an inventory and appraisement for your Family court and spouse.
What are the factors that could lead to community property being divided up disproportionately?
Many people assume Texas community property will be divided exactly 50/50. However, although property often divides proportionately, various issues in your case can influence the final division. Factors like the amount of separate property that each of you owns as well as your role in the break of the marriage will almost surely play a part in your divorce.
If your case made it to a trial then a family court judge would look at how much separate property you and your spouse owned when determining how to divide up your community’s state. For example, if you and your spouse have a significant age difference, and you own much more separate property, this factor could increase the likelihood of your spouse receiving a larger share of the community estate. This means that because you have more separate property that you can lean on your spouse would likely require more in the way of Community property to keep their head above water after the divorce comes to an end.
Economic contributions of homemakers in divorce
For example, this could be your second marriage and your spouse’s first. You may have had an opportunity to work for many years and build up more wealth in your spouse. Likewise, your spouse may have chosen to stay at home and care for your children and the home while you went out and worked. In this way, your spouse might receive a larger share of the community estate to reflect their contributions as a homemaker and parent.
We see that being a homemaker provides a certain amount of economic stability and value to a family. Think about the cleaning of the home, cooking meals, child care, and many other areas that a homemaker contributes. These all have economic benefits period imagine if your spouse would have passed away and you would have had to hire people to perform these tasks for you. It is then that you would become well aware of the economic benefits of a stay-at-home parent.
Additionally, we can see the benefits of having a large community estate in the need to ask for special maintenance. For instance, suppose that your spouse needed some financial support immediately after the divorce to help him or her get back on their feet after a divorce. Rather than having to ask for special maintenance, your spouse could simply receive a disproportionate share of the community estate. Judges in Texas are not big fans of awarding special maintenance anyway.
Considerations for grounds in divorce proceedings
Next, consider the roles you and your spouse played in the breakup of your marriage. You can get divorced for any reason or for no reason at all. You may cite issues like adultery, abandonment, or financial misconduct in your original divorce petition, which is the initial filing in your case. However, it’s important to note that you can also pursue a divorce with no specific reason. Texas, like every other state, supports no-fault divorces.
You might wonder why specifying grounds for divorce is beneficial when you can get divorced for no reason at all. Why go through the work of specifying grounds for divorce when you can walk through a divorce case for no particular reason? The reason why it is beneficial to cite specific grounds for divorce is that you can earn a disproportionate share of your community state by noting to your family court judge that your spouse played a direct role in the breakup of your marriage.
The trouble that some people have is that you need to be able to provide evidence that these fault grounds exist. You cannot simply assert fault grounds without providing evidence throughout the case or during the trial. Instead, you need to show that the fault grounds played a significant role in the breakup of your marriage.
Child support can be awarded in a military divorce
The noncustodial parent pays child support to the custodial parent. This is a hallmark of divorce in every state. What you need to know for your military divorce is if you are the noncustodial parent of your child then you will likely be paying child support. If you are serving our country by not living near your children then almost assuredly you will contribute to their upbringing by paying child support. Child support can be paid directly through the Office of the Attorney General of Texas.
Paying child support through the Office of the Attorney General of Texas is the preferred method. Other forms of payment will not be directly credited. If your spouse claims that they missed a child support payment, you will need to provide proof of payment. It’s much easier to show that you paid according to the terms outlined in your final decree of divorce.
Guidelines and procedures for paying child support
Almost assuredly, your final decree of divorce will contain instructions on how to pay child support. You will likely have payments deducted from your paycheck and sent to the Office of the Attorney General. After divorce, your spouse has a solid wage withholding order which mandates that your employer hold back a portion of your check each month for child support purposes. You will almost certainly need to provide a copy of this order to your military human resources department to ensure they can process it. This is the first step in fulfilling your child support obligations.
In Texas, child support typically follows the guidelines set out in the Texas Family Code. For example, you can consult the codebook to see the state’s recommendations for child support based on your income and the number of children you have. You will need to calculate your net monthly income and consider the number of children involved. The guidelines start at 20% of your net monthly income for one child and can go up to 50% for four children. The court will use these percentages to determine the child support amount owed to your ex-spouse.
You may need to pay more child support if your children’s needs change over time. Additionally, as your children age, you might pay less in child support since older children will “age out,” leaving you with fewer children to support. When this happens, you should contact the court to update them on the changes.
Understanding child support enforcement penalties
Lastly, I want to highlight that failing to pay child support can lead to significant penalties. Texas takes child support enforcement very seriously. You may face civil penalties, such as fines, for each violation of your final divorce decree. Additionally, you could face quasi-criminal penalties, such as contempt of court. Deliberately violating the court order can even result in jail time for missed child support payments.
As you can see, these penalties are severe. Therefore, you must understand your responsibilities for paying child support and ensure that you make the payments correctly. You can often verify this by periodically checking in with the Office of the Attorney General to confirm that they received your payments as intended. Signing a wage withholding order and updating the court and the Attorney General with your employer’s information is not enough on its own. Going the extra mile to monitor your payments can help you avoid future court disputes over child support enforcement. You have better things to do with your time and life.
Conclusion
Understanding property division in Texas divorces, particularly for military families, involves navigating a complex legal landscape. The distribution of marital property and debt is a crucial component of divorce proceedings, affecting both parties’ financial stability and future arrangements. For military families, military service adds complexity to the process by affecting asset accumulation and division. It is crucial to consult legal experts experienced in property division for military divorces to achieve fair and equitable results that protect the interests of everyone involved.
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
