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