Although many states are moving away from community property laws in favor of more fair equitable division laws, Texas is one of the nine states that is still strictly a community property state. In Texas, community property is subject to a “just and right division.” Generally, this requires marital assets and debts to be divided down the middle, rather than allowing each spouse the flexibility to take their fair share. 

The process of dividing assets and debts in divorce is crucial for determining your future financial health. While Texas law usually requires a 50/50 property split, determining what that looks like can be subject to some interpretation and negotiation. To learn more about the asset division process in a Texas divorce, read on and then contact an experienced Texas divorce attorney. 

Does Any of Our Property Belong Exclusively to Me? 

The first part of dividing debt and assets in a divorce is collecting an accurate picture of a couple’s finances and belongings. Certain property may be considered personal rather than marital if it was: 

While thousands of couples get divorced every year in Texas, if you are approaching the divorce process for the first time it can be intimidating. Divorce has the potential to be simple, but more often it can be quite a complex process that takes many months to resolve. Divorcing couples must agree on issues like property division and custody, and conflict between spouses can make negotiations difficult. Whatever challenges you face in divorce, a knowledgeable divorce attorney can help you resolve them; if you are considering getting a Texas divorce, here is a brief overview of the process. 

Fault or No-Fault Divorce? 

Texas law provides seven “grounds,” or reasons, for divorce. These include cruelty, adultery, and abandonment, and while a divorcing couple does not have to pursue a fault-based divorce, proving fault can have a significant impact on your divorce process. Once you have decided whether you want a fault-based or no-fault divorce, you can file the divorce papers. 

Petition for Dissolution

The infamous “divorce papers” that people get served are the original petition for divorce. Filing for divorce actually begins the divorce case. Once you have filed the petition paperwork, you need to either serve your spouse with divorce paperwork or get them to sign a waiver saying they do not need to be “served” the divorce papers by the sheriff or a private process server company.