Divorcing Couples: Who Gets What in a Texas Divorce

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Divorce can be a stressful and complicated legal process, especially when children and valuable assets are involved. Other than working out child custody of minor children, the next major issue of contention is determining how to divide real property and assets. Depending on your specific situation, discussing property division may cause heated arguments or mature conversations. However, the following may help you understand “who gets what in a Texas divorce case.”

Understanding the Types of Texas Divorces

In Texas, there are types of divorces – contested and uncontested. Ordinarily, divorcing spouses generally do not have the power to choose which divorce they will undergo. The people involved and the circumstances involved in the divorce will determine whether the divorce will be contested or uncontested.  

Uncontested divorces are easier and more straightforward. Uncontested divorces in Texas usually do not involve a civil trial. Uncontested divorces are usually amicable, and the two parties come together and form an agreement to address their property issues and custody arrangement. The parties agree on all terms.

Contest divorces are divorces that involve disagreements concerning the divorce itself, child custody, marital property, and other legal matters. These divorce issues are typically decided through litigation. 

Texas is a “community property state.” This means the State of Texas divides both spouses’ properties equally. Generally speaking, it does not matter whose name is on the marital property. If the marital property was acquired during the marriage, it becomes “marital property.” There are few circumstances when property received during a marriage is not deemed marital property.   

Avoiding Losing Pre-Martial Assets During a Texas Divorce

One way to avoid losing pre-marital assets is to create a prenuptial agreement. A prenuptial agreement details how certain pre-marital assets are distributed if a divorce should occur in the future. Prenuptial agreements are legally binding unless a spouse signed the prenuptial agreement while “under duress,” or the document contains information that is untruthful.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation

When you need assistance from an experienced Longview attorney or if you need to better understand your legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499. All initial consultations are free. Phone calls are answered 24 hours a day, 7 days a week. 

The Law Office of Alex Tyra, P.C.

211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Divorcing Couples: Who Gets What in a Texas Divorce

/in /by

Divorce can be a stressful and complicated legal process, especially when children and valuable assets are involved. Other than working out child custody of minor children, the next major issue of contention is determining how to divide real property and assets. Depending on your specific situation, discussing property division may cause heated arguments or mature conversations. However, the following may help you understand “who gets what in a Texas divorce case.”

Understanding the Types of Texas Divorces

In Texas, there are types of divorces – contested and uncontested. Ordinarily, divorcing spouses generally do not have the power to choose which divorce they will undergo. The people involved and the circumstances involved in the divorce will determine whether the divorce will be contested or uncontested.  

Uncontested divorces are easier and more straightforward. Uncontested divorces in Texas usually do not involve a civil trial. Uncontested divorces are usually amicable, and the two parties come together and form an agreement to address their property issues and custody arrangement. The parties agree on all terms.

Contest divorces are divorces that involve disagreements concerning the divorce itself, child custody, marital property, and other legal matters. These divorce issues are typically decided through litigation. 

Texas is a “community property state.” This means the State of Texas divides both spouses’ properties equally. Generally speaking, it does not matter whose name is on the marital property. If the marital property was acquired during the marriage, it becomes “marital property.” There are few circumstances when property received during a marriage is not deemed marital property.   

Avoiding Losing Pre-Martial Assets During a Texas Divorce

One way to avoid losing pre-marital assets is to create a prenuptial agreement. A prenuptial agreement details how certain pre-marital assets are distributed if a divorce should occur in the future. Prenuptial agreements are legally binding unless a spouse signed the prenuptial agreement while “under duress,” or the document contains information that is untruthful.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation

When you need assistance from an experienced Longview attorney or if you need to better understand your legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499. All initial consultations are free. Phone calls are answered 24 hours a day, 7 days a week. 

The Law Office of Alex Tyra, P.C.

211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Divorcing Couples: Who Gets What in a Texas Divorce

/in /by

Divorce can be a stressful and complicated legal process, especially when children and valuable assets are involved. Other than working out child custody of minor children, the next major issue of contention is determining how to divide real property and assets. Depending on your specific situation, discussing property division may cause heated arguments or mature conversations. However, the following may help you understand “who gets what in a Texas divorce case.”

Understanding the Types of Texas Divorces

In Texas, there are types of divorces – contested and uncontested. Ordinarily, divorcing spouses generally do not have the power to choose which divorce they will undergo. The people involved and the circumstances involved in the divorce will determine whether the divorce will be contested or uncontested.  

Uncontested divorces are easier and more straightforward. Uncontested divorces in Texas usually do not involve a civil trial. Uncontested divorces are usually amicable, and the two parties come together and form an agreement to address their property issues and custody arrangement. The parties agree on all terms.

Contest divorces are divorces that involve disagreements concerning the divorce itself, child custody, marital property, and other legal matters. These divorce issues are typically decided through litigation. 

Texas is a “community property state.” This means the State of Texas divides both spouses’ properties equally. Generally speaking, it does not matter whose name is on the marital property. If the marital property was acquired during the marriage, it becomes “marital property.” There are few circumstances when property received during a marriage is not deemed marital property.   

Avoiding Losing Pre-Martial Assets During a Texas Divorce

One way to avoid losing pre-marital assets is to create a prenuptial agreement. A prenuptial agreement details how certain pre-marital assets are distributed if a divorce should occur in the future. Prenuptial agreements are legally binding unless a spouse signed the prenuptial agreement while “under duress,” or the document contains information that is untruthful.

Contact The Law Office of Alex Tyra, P.C. For a Free Consultation

When you need assistance from an experienced Longview attorney or if you need to better understand your legal options, contact The Law Office of Alex Tyra, P.C., at (903) 753-7499. All initial consultations are free. Phone calls are answered 24 hours a day, 7 days a week. 

The Law Office of Alex Tyra, P.C.

211 E. Tyler Street #521
Longview, TX 75601
(903) 753-7499

Divorced Parents Dispute COVID-19 Vaccination of Minor Children in Texas

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According to a news report on washingtonpost.com, divorced parents are heading to court to fight to stop their children from receiving the COVID vaccination. The issue is a national issue, and the report states that there has been a “surge in COVID-19 vaccine disputes.” the sensitive issue is causing stress to families, and some parents are willing to pay substantial legal fees to parents who want to exercise their “medical decision-making rights.”

The report states that some divorced parents want a court to determine whether their child or children should be vaccinated against the coronavirus. According to the news article, some parents are worried about the safety and efficacy of the vaccinations, while others fear for their children’s safety as reports of children being hospitalized for COVID-19 make national news.

In many cases, the divorced parents had previous agreements concerning whether or not to vaccinate their children while they were still married. However, some divorced parents have changed their mind about vaccinating their children after the FDA-approved vaccinations for small children. The legal battles are not only contentious, but both sides of the debate have plenty of information to back up their fears.

One family lawyer in Pennsylvania, Attorney Hillary Moonay, stated that her law office had received an enormous “uptick” in phone calls concerning parent’s rights and the coronavirus vaccines. Her law firm has been arguing multiple cases for parents. She states that the first issue to clarify is who has legal custody to make the medical decisions. She says that some parents have physical custody, but share legal custody. Shared Legal Custody means that the parents must agree on issues such as religious upbringing, medical care, and education. She also recommends that if divorcing parents have not finalized their divorce, they do not make a “unilateral decision concerning the child or children’s coronavirus vaccination.

Laws concerning non-custodial parent’s rights vary from state to state. If you have questions about your legal rights or if you need an advocate to fight for you and your child, call Attorney Alex Tyra today at (903) 753-7499.