Many adults in unhappy marriages find the thought of divorce intimidating enough to put off making a decision despite daily misery. One of the reasons that people are so nervous about the prospect of divorce is that the world is full of misinformation about what happens during a divorce.
People share half-truths and examples that don’t apply to a specific situation that make others feel like they have a lot at risk if they divorce and very little to gain. Information provided by well-intentioned friends and family or gleaned from the media can give someone a very unrealistic idea about to what expect in a divorce.
One of the most common misconceptions about divorce in Texas is the ongoing urban legend that the state’s community property statute means spouses will divide everything they own in half. In reality, a 50/50 division of the assets is often just the starting point rather than the conclusion for the property division process.
How does the division of community property actually work?
Couples that decide to divorce have the opportunity to settle their property division matters amicably and file an uncontested divorce. In such scenarios, they would have the option of deviating from the community property standard as much as they want.
If couples litigate or go to family court and have a judge separate their assets, they can expect the judge to want details about their marital circumstances. How long the marriage lasted, the contributions that each spouse made to the household and many other factors will influence how the judge divides their property.
Although a 50/50 division may be a good starting point to that process, judges have the authority to adjust property division orders in whatever way they believe would be appropriate given the family circumstances. Both the debts and the property from during the marriage will be subject to division in the divorce.
When people realize how much is left to the judge’s discretion, they may feel more interested in cooperating with their spouse so that they have control over what happens with their assets when they divorce. Learning more about the divorce process in Texas can take some of the fear out of the Prospect of filing.