Divorce generally requires that people make major changes. In addition to adjusting their families and living arrangements, they also have to split up their property. Property division can sometimes be a very simple process. People who divorce after signing prenuptial or prenuptial agreements have likely already settled the terms for asset division.
Other times, the process can be more complicated and contentious. Spouses may disagree about what assets are subject to division and how much they are worth. They may also argue over the appropriate way to divide their property, as well as their shared debts. If they cannot work out an agreement, then they may need to litigate in family court.
Many people have an oversimplified and inaccurate understanding of what happens to marital resources in a Texas divorce. They assume that they have to split every asset and financial obligation exactly in half. Contrary to what many people expect, the outcome of community property division proceedings can often be relatively unpredictable.
Every divorce requires a different solution
Misunderstandings about community property rules drastically oversimplify the process. Judges do begin with the presumption that an even split of all property and debts is the fairest and most appropriate solution. However, that is a rebuttable presumption.
Either spouse can present evidence to the courts showing that an even split is not appropriate. Factors including health challenges, uneven contributions to the marital household or financial misconduct, such as the intentional dissipation of property, could influence how a judge divides the marital estate.
Judges hearing contested or litigated property division cases have to look at an inventory of assets and then reach a conclusion that they believe is fair given the unique details of the situation. Even if they do decide that an even split is the best solution, they do not necessarily need to divide every asset and debt. Instead, they can use certain obligations and resources to balance out other decisions.
In scenarios where people feel strongly about achieving specific goals, such as the retention of a small business, they may need to consider cooperating with their spouses instead of litigating to resolve their property division disputes. Uncontested divorces allow spouses to set terms that they both agree are reasonable.
Learning more about divorce statutes and prior court precedents can help people understand what to expect throughout the divorce process. Education can be empowering for those on the cusp of a major life adjustment.