Divorce can be a tough and complex process, filled with many legal challenges. Every state has its own rules for handling divorce cases. One of the tricky parts of a divorce is figuring out who gets what, especially regarding shared property. In Texas, this doesn’t always mean splitting things right down the middle.
In the video, Atty. Tyler Monahan of Turner-Monahan PLLC talks about the Texas law that uses a special rule that aims for a fair split based on each person’s situation. All case evaluations are in the light of Texas Family Law. This content is for educational purposes only.
The Concept of ‘Just and Right’ in Texas Divorce Proceedings
In Texas, many claims may surface during a divorce case, including fraud, waste, adultery, and others. However, there isn’t a clear-cut formula for how the court would apportion assets based on the nature of these allegations – infidelity, wastage, or fraud.
What the court aims for is a “just and right” division of marital property. This division isn’t necessarily an exact equal split; it can vary based on the circumstances of the case. The distribution could be equitable 50-50, or it might lean towards a 52-48 or 55-45 division. It all depends on the specific details of the case and the parties involved.
If the divorcing couple can’t reach a mutual agreement, then the judge steps in. The final decision on what constitutes a “just and right” distribution of assets falls to the court’s discretion.
Alimony in the Light of Texas Family Code
Texas law specifically mentions the “just and right” rule for splitting property in a divorce. According to Section 7.001 of the Texas Family Code, the court should divide the couple’s property “in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.”
This law gives Texas judges a lot of freedom to make a fair division of property, taking into account all the details of the case and keeping the best interest of everyone involved, especially kids.
When allegations such as adultery, fraud, or waste come into play, the Texas Family Code provides guidance on how these may affect the division of property. Section 7.009 addresses the issue of fraud in the community, allowing the court to consider whether one spouse has ‘wasted’ marital assets through fraudulent activity. If this is proven, the court can then make a fair division of the remaining community property and, separately, the property that was fraudulently wasted.
Similarly, allegations of adultery may also affect the division. Although Texas is a no-fault divorce state, Section 6.003 permits the filing of divorce on the grounds of adultery. While it doesn’t automatically grant the innocent spouse a larger share, the court can take adultery into consideration when deciding the appropriate division.
It’s important to note that these allegations must be substantiated in court for them to influence asset distribution. The judge has broad discretion to consider or disregard these allegations based on the evidence presented. If the parties can’t reach an agreement on their own, the judge has the final say in determining what constitutes a fair division of marital property.
Knowledge of the Texas Family Code is key in a divorce case, given that it forms the bedrock of all decisions related to marital property division, child custody, alimony, and more. An experienced lawyer or family law firm like Turner Monahan, PLLC, understands these nuances and can guide you through the interpretation of the “just and right” principle, the impact of allegations like fraud, adultery, or waste, and other relevant aspects that may come into play during the proceedings.
Confused about whether a spouse has a right to property that the other spouse inherited before divorce in Texas? It’s crucial to understand the rules surrounding the fair division principle and how it applies to inherited assets. Click Here to delve deeper into this subject and see how it aligns with the broader scope of the Texas Family Code and divorce proceedings!
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Navigating the intricacies of a divorce proceeding can be a daunting task, particularly when it comes to understanding and interpreting the complexities of the Texas Family Code. This is where an experienced Texas lawyer becomes instrumental.
Skilled negotiation is crucial, especially when a divorcing couple is attempting to reach an agreement without court intervention. A seasoned Texas lawyer can effectively negotiate on your behalf to strive for a “just and right” division that protects your interests. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “The Danger of Verbal Agreements for Children’s Custody and Property Division in Texas.”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- How Often Is Child Support Reviewed In Texas
- Should I Tell My Lawyer The Truth About Everything?
- Can Instagram Messages Be Subpoenaed For Divorce?
- Does Child Support Increase If My Income Or My Spouse’s Income Has Increased?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
