husband and I are going through a divorce in Texas. Am I automatically
entitled to 50% of his property?
necessarily. The standard that Texas courts use to divide property
is the fair and equitable standard. After looking at a wide array
of factors (ex. Length of marriage, fault in breakup of marriage,
earning capacity of spouses, etc.) the court will order a division
of community property that is fair and equitable under the particular
circumstances of a case. Sometimes that may be 50/50, sometimes
it’s 55/45, etc.
wife has filed for divorce. We are agreeing to everything –
custody and property division. Can we use the same attorney?
One attorney cannot represent both sides in a divorce action.
While you believe that everything will be agreed upon, disagreements
may arise. While you can technically deal with your spouse’s
attorney if you are unrepresented, this not necessarily a good
idea. That attorney represents your spouse. He or she cannot advise
you, and does not have your best interests at heart.
do I file for a legal separation?
is no such thing as a legal separation in Texas. While spouses
may choose to live separately, technically they are accumulating
community property and community debts until the date of divorce.
long do I have to live in Texas to file for divorce?
order for Texas to have jurisdiction over your divorce matter
you, or your spouse, needs to have lived in Texas for at least
six months prior to filing. In addition, you need to have lived
in the county of filing for at least 90 days.