Divorce is never easy, even when both parties agree to end things mutually. What you may be confused about is what each party is entitled to in a divorce in Texas. An experienced Friendswood divorce attorney can help you understand what the husband and wife are entitled to in a divorce.
This blog will specifically focus on what a wife is entitled to in a divorce in Texas.
Equal Rights in Divorce
Equal Rights
In Texas, men and women are treated equally in divorce. Both have the same rights and responsibilities. Remember divorce laws are designed to be fair and impartial and to provide equal results for both parties and fairly divide what each party is entitled to in a divorce.
Legal Grounds
Under Texas law, both spouses are entitled to a just and equal division of the marital estate, which includes marital property and income earned during the marriage. The court does not favor one spouse over the other based on gender to see what they’re entitled to in a divorce. Instead, they look at various factors to make sure it’s fair, such as the length of the marriage, the financial situation of each spouse, and any misconduct.
Legal Representation
Having legal representation is key to protect your rights in divorce. An experienced family law attorney can guide you through the divorce process and make sure you get your fair share of the marital assets and your rights are protected throughout the process. Without representation, you can be treated unfairly or miss out on benefits you’re entitled to in a divorce.
Practical Application
In practice equal rights means both spouses can ask for spousal support, claim community property and have a say in child custody. The court looks at each case individually and takes into account the unique circumstances and needs of each party. This way they can’t be biased and decisions are made on the merits of each case.
Spousal Support (Alimony)
Texas’s View on Alimony
Texas law generally does not favor permanent alimony. The state’s public policy is to have each spouse be financially independent after the divorce. Instead of alimony, Texas law provides for spousal support in certain circumstances to help the receiving spouse get what they’re entitled to in a divorce.
Definition of Spousal Support
Spousal support also known as spousal maintenance is periodic payments from one spouse to the other after a divorce. Unlike alimony which is to maintain the recipient’s standard of living, spousal support is usually temporary and to help the receiving spouse become financially stable.
Who is Eligible for Spousal Support
Texas courts will award spousal support in the following situations:
- Domestic Violence: If the spouse requesting support has been a victim of domestic violence by the other spouse.
- Long-Term Marriage: If the marriage has been over 10 years and the requesting spouse has no income to meet their minimum needs.
- Disability: If the requesting spouse has a physical or mental disability that prevents them from earning enough income.
- Caretaker for Disabled Child: If the spouse is the primary caretaker for a disabled child and can’t earn enough income.
How Much and How Long
When awarding spousal support Texas courts look at:
- The financial resources of the spouse requesting maintenance
- The education and employment skills of both spouses
- Length of the marriage
- Age and health of the requesting spouse
- Contributions of one spouse to the other’s education or career
The court will provide support for a limited time to help the recipient become self sufficient.
Assets That a Wife is Entitled to in a Divorce
Community Property
Texas is a community property state, which means all assets and income earned during the marriage are considered community property, while assets owned before the marriage or acquired by gift or inheritance are considered separate property. This includes real estate, vehicles, bank accounts, and retirement savings. Regardless of whose name is on the title or account, these assets are divisible upon divorce.
Separate Property
Separate property is considered separate property if it is owned by one spouse before the marriage, or if it is an inheritance or gift received by one spouse during the marriage. These assets are not divisible and remain the property of the original owner. However, the burden of proof is on the spouse claiming the asset.
Just and Right Division
In Texas the division of community property must be “just and right”. This doesn’t mean equal but rather fair based on the factors. The court will look at the length of the marriage, the financial situation of each spouse and the needs of any children involved. The goal is to achieve an equitable result based on the unique circumstances of the case, which includes figuring out what the wife is entitled to in a divorce.
What Affects Division
Here are some factors that can affect the division:
- Length of the Marriage: Longer marriages may result in a more equal division to support a spouse who has become dependent.
- Earning Capacity: Differences in earning potential and education level to ensure both can be financially stable post divorce.
- Fault in the Marriage: If one spouse is at fault for the divorce (adultery, cruelty etc.) this may impact the division.
- Health of the Parties: Health issues that affect a spouse’s ability to work may result in a more favorable division for that spouse.
- The court will also consider the value of each spouse’s separate property when determining a fair division of community property.
Debts
Marital debts are also divisible. Community debts like credit card balances and loans acquired during the marriage are divided between the spouses. Separate debts incurred before the marriage remain the responsibility of the individual spouse.
Child Custody and Support
Types of Custody
In Texas, child custody is divided into two main categories: conservatorship and possession and access. Conservatorship refers to the rights and duties of parents including decision making authority over the child’s education, health care and welfare. Possession and access refers to the physical time each parent spends with the child. Custody can be joint managing conservatorship where both parents share decision making or sole managing conservatorship where one parent has exclusive rights.
Best Interest of the Child
Custody decisions are based on the best interest of the child. Texas courts will consider several factors to determine this including the child’s physical and emotional needs, the stability of each parent’s home environment and any history of abuse or neglect. The court will also consider each parent’s ability to provide for the child’s needs and maintain a relationship with the child.
Custody Determination Process
The custody determination process starts with mediation where parents try to agree on custody and visitation schedules. If mediation fails the court will intervene and make a decision. During the court process evidence and testimony will be presented to help the judge decide what arrangement is in the best interest of the child. The child’s preferences will be considered especially if the child is over 12 years old.
Child Support Obligations
Child support in Texas is to ensure both parents contribute to the child’s upbringing. The non-custodial parent usually pays child support to the custodial parent. The amount is calculated as a percentage of the non-custodial parent’s income based on the number of children to be supported. Child support covers essentials like housing, food, clothing, education and healthcare.
Enforcement of Child Support
Child support is enforceable by law and it can be a factor in what a wife is entitled to in a divorce. If a parent fails to make the required payments legal action can be taken to enforce the obligation. This can include wage garnishment, seizure of tax refunds and even jail time for continued non-compliance. Child support generally continues until the child is 18 or graduates from high school whichever is later. In cases involving children with disabilities support may be extended.
Modifying Custody and Support
Changes in circumstances like a parent moving, a change in employment or the child’s needs changing can warrant a modification to custody and support. Either parent can file a petition with the court to modify. The court will consider the request and decide if the changes are in the best interest of the child.
Meet with an Experienced Friendswood Divorce Lawyer Today!
Dissolving a marriage can be difficult, but it makes the process a little easier when you know what each party is entitled to in a divorce in Texas. If you decide to end your marriage with your partner, our team at Hannah Law are here to help.
New clients get a free consultation, so contact us at 281-262-1311 today!
