One of the major components of a Texas divorce is the property settlement. Texas is a community property state, which means that the judge will order a division of the divorcing couple’s marital property that is “just and right”. Of course, a just and right property division can take many forms, including a division of assets and debts that is not equal. This may leave many people wondering how assets can be justly and rightly divided in an uneven matter.

The reason why some property divisions are even while others are lopsided is that marital property is not divided in a vacuum. In other words, the circumstances of the divorce matter. A lot. Factors like whether one spouse is a stay at home parent, the age of the parties’ children if they have any, whether there is an innocent spouse and a spouse who is at fault for the failure of the marriage, whether there are differences in the spouses’ health status or age, and more are all up for consideration when a judge is deciding how to distribute a divorcing couple’s marital property.

There are also other principles that judges consider when they design property distributions. The transfer or division of some types of assets can have tax consequences, so those must be factored in when considering where those particular assets will go. Also, since the marital estate includes both assets and debts, the judge must decide how to divide both the positive and the negative aspects of the couple’s marital property.

The overall amount of marital property also has an effect on how it will be divided, with couples with large marital estates often getting a closer to equal distribution than those with fewer resources to divide. Some types of assets are also difficult or impractical to divide, such as businesses that are owned and operated by one spouse. When there are assets that are not easily divisible, judges often design property settlements that grant the difficult to divide asset to the spouse to whom it is most useful while giving a group of assets which, when taken together, have a value that is close to that of the difficult to divide asset to the other spouse.

If you have questions or concerns about property settlements, a Texas divorce attorney can help you find the answers that you need. Whether you want to know more about property settlements or you have a question about child custody, an attorney can help you understand what your options are. Texas Family Law Attorney Alex Tyra can tell you more about how marital property is divided in Texas, as well as how you and your soon to be former spouse may be able to design a property settlement that meets both of your needs without asking a judge to divide your property for you. If you would like to learn more about property settlements or any other aspect of your Texas divorce, please call us today, at (903) 753-7499.

Alcoholism and drug abuse are two things that can ruin a marriage beyond repair. They are long-term problems that have far-reaching effects into the life of the person who is an addict or an alcoholic, their spouse, and their entire family. Unfortunately, many American families struggle with alcoholism and addiction. In fact, it is one of the leading causes of divorce among middle-aged couples. One of the biggest problems facing families that are affected by alcoholism and addiction is that many people try to keep it hidden, or to pretend that it is not happening in their home. This can be exhausting, and often, spouses of alcoholics and drug addicts arrive at a point where they can no longer deny what is going on inside of their home. The problem then becomes what, if anything, they will decide to do about it.

A lack of love is not often found in marriages that end because of alcoholism or drug addiction. In fact, spouses of alcoholics or addicts often report that they love their spouse very much and wish that they did not have to end the relationship. Spouses of addicts and alcoholics do not often decide to file for divorce early on in the marriage, or even shortly after they realize that their spouse has become an alcoholic or a drug addict. They often spend years doing whatever they can to make the marriage work and help their spouse get treatment, but eventually they realize that whether their spouse becomes sober or not is not up to them. That is often the most difficult thing for the spouse of an alcoholic or a drug addict to realize, but it can also be a powerful catalyst that helps them decide that ending the marriage is the best thing that they can do for themself and for their children if they have any.

Drug addiction and alcoholism are very serious obstacles to overcome, and recovery is a lifelong challenge. Even addicts and alcoholics who express a strong commitment to overcoming their addictions can stumble and fall along the way. The spouses and families of people who are addicted to drugs and alcohol experience the process of recovery, with all of its twists and turns, right along with the person who is recovering. Unfortunately, the intense emotional ups and downs that accompany living with an alcoholic or addict, whether they are recovering or not, can, over time, cause other people in the household to develop issues of their own. Because of this, it may still be necessary to divorce your spouse, even if they are recovering.

If you are married to an alcoholic or a drug addict, it may be difficult to make the decision to end your marriage. Unfortunately, for a marriage to be sustainable, both spouses must be committed to making it work. If you have made the difficult decision to end your marriage, a Texas Family Law Attorney can provide you with the top-quality legal support that you deserve. Texas Divorce Attorney Alex Tyra can help you to understand the divorce process, and he can help you to pursue a resolution of your Texas divorce case that meets your needs. If you have questions or concerns regarding your Texas divorce, please call our office today, at (903) 753-7499.