Because the just and right division is only possible after the entire picture of both spouses’ lives is clear, the possible justifications for unequal just and right divisions are nearly endless. Rather than trying to list all the possible justifications, I’m going to briefly describe three (3) common justifications to provide a glimpse into the types of things courts typically find persuasive enough to justify unequal just and right divisions.
Significant difference between spouses’ earning potential
This should seem obvious after the discussion about how a just and right division is made, but there’s more. If there’s a difference between the spouses’...
The division of property during divorce is an issue that creates stress for many people. Questions about who gets what and what may be “taken” during divorce are commonly asked, as well as questions about whether one spouse can take everything and leave the other with nothing.
This is Part I of a three (3) part blog post intended to provide information about three (3) important factors that courts consider when dividing property: 1. Separate property vs. community property; 2. “Just and right” division; and 3. Common Justifications for disproportionate “just and right” division. The categorization of property as separate or community is taken u...
You would be surprised at how often I hear this, truly. If you want to get divorced, then it simply doesn’t matter if your spouse doesn’t also want to get divorced. A court won’t force you to remain married just because it’s what your spouse wants.
Don’t I Need A Reason To Get Divorce?
Yes. But Texas has a “no-fault” divorce law that doesn’t require anything more than you telling a court that your marriage is no longer supportable and there’s no hope for improvement in the future.
Can I Get A No-Fault Divorce If My Divorce is Contested?
Yes. “No-fault” only explains the reason why you’re getting divorced. Whether your divorce is conte...