There are only nine states in the U.S. that are classified as “community property states.” Texas is one of them. The primary feature that distinguishes the community property approach to divorce is that it broadly entitles each spouse to 50 percent of the marital assets in the event of divorce. This system values predictability and the guarantee of equal asset distribution in virtually all divorce cases.

If you are preparing for a divorce in Texas, it is important to understand how the community property system works in practice. That way, you can both avoid common missteps that individuals often make when negotiating or litigating the terms of their divorce. Additionally, you will be able to set realistic expectations for this process, which will allow you to start planning your future with greater confidence and a more informed mindset.

Process and Priorities

The 50/50 marital property split that Texas law requires does not mean that each individual asset must somehow benefit each spouse equally. All of the marital assets that a couple has acquired together form a broader marital estate. It is the overall value of this marital estate that must be divided evenly during the divorce process.

Film and television programming generally portray divorce as a contentious, stressful process. However, while the emotional aspects of ending a marriage can be truly devastating, the legal side of ending a marriage does not have to be.  

Nowadays, the majority of couples in Texas do not divorce via a “courtroom showdown.” Instead, they work with each other and their attorneys – and sometimes, a third-party mediator – to resolve their differences without judicial intervention. Taking this kind of cooperative approach isone of the most effective way to keep legal costs – and the stress levels of everybody involved – relatively low as a couple works to dissolve their marriage.

Recognizing Your Power

In a divorce scenario, each spouse decides what their priorities are. Whether those priorities consist of remaining in one’s marital home or making one’s ex utterly miserable, they will largely dictate the process and its outcome. If keeping your legal costs low is a priority for you, you will want to consider two primary realities when adjusting your other priorities to facilitate this goal.

If you and your child’s other parent need to draft a parenting plan as an element of your broader child custody order, it is important that you do not rush this drafting process. Parenting agreements are legally binding contracts that are enforceable in the event of a breach. As a result, you will need to make sure that your approach is manageable, reasonable, and sustainable before you finalize your mutually-agreeable terms.

Thinking Critically from Multiple Angles 

When preparing to draft your parenting agreement, you will want to do some brainstorming. Open a Word doc or get out a notepad and start by listing all of your questions and concerns about how your arrangement will work practically. Do not censor yourself or focus on structure quite yet. Empty your brain onto paper so that later, you can return to each of these pressing thoughts in turn and make sure that your concerns and questions are adequately addressed before you finalize your agreement.

Next, make lists of the following considerations that will need to be addressed in some fashion during the drafting process:

Unfortunately, divorce can traumatize a child to the point where they may be dealing with the aftereffects of the divorce for decades or their entire lives. In many instances, a child may struggle to understand why their parents are divorcing and how their lives will change. Remember that it is essential to prioritize your child’s emotional well-being and provide them with the support they need to help cope with this difficult time. Recently, we wrote a blog detailing coping mechanisms for an adult going through a divorce. Today, we will discuss tips on helping your child cope with the divorce.

If you are getting a divorce and are concerned with how it may affect your child, contact a divorce attorney with experience working with families with children. Their legal guidance and emotional support may be essential to navigating this difficult time.

Tips on Helping Your Child Cope

Here are some tips, including:

It goes without saying that divorce can be a deeply traumatic experience. Regardless of whether your marriage was a long one or a shorter one, the idea of divorce can send even the most even-keeled person reeling. As with many upsetting experiences, people who have gotten a divorce may feel emotional reverberations for months or even years following the conclusion of divorce proceedings. This begs the question: what is the best way to cope with getting a divorce?

There is no one-size-fits-all when it comes to dealing with your divorce. However, there are coping strategies that should be kept in mind to help get you through this challenging period in your life. Today, we will discuss tips on coping with your divorce and moving on with your life. But first, if you are getting a divorce, consider contacting a compassionate yet aggressive divorce attorney who will zealously represent you and your best interests.

How Can I Cope with My Divorce?

There are many ways to cope with your divorce healthily and constructively. Here are some tips: