Category: Uncategorized

Does Texas Have Legal Separation?

Posted on by narmeenhussein

No. Texas law does not have a status called legal separation. If you and your spouse live apart, you remain legally married until a court signs a divorce decree.

That surprises many people, especially those who have moved here from another state or country. Living apart does not by itself decide who keeps the house, who the children live with, or who pays which bills.

If a couple needs court orders while a divorce is pending, the court can enter temporary orders. Those orders can address issues such as children, support and property until the case ends.

A few timing rules also matter. To file for divorce in Texas, one spouse must have lived in the state for the past six months and in the county for the past 90 days (Family Code § 6.301). A court generally cannot grant the divorce until the 60th day after filing, with limited exceptions tied to family violence (§ 6.702).

This article is general information, not legal advice for your situation.

What is Mediation?

Posted on by narmeenhussein
Mediation is a type of alternative dispute resolution (ADR) helping parties negotiate and agree on settlements amicably. Harris County courts require mediation before any temporary or final hearings.

Unlike traditional court proceedings, which can be costly, mediation is a confidential and more affordable way to resolve disputes. A neutral third-party mediator negotiates an agreement among the parties.  We refer to this written agreement as a Mediated Settlement Agreement (MSA).

Family law mediation sessions last for half a day (4 hours) or a full day (8 hours), depending on the complexity of the issues. Parties can mediate via Zoom or in person. Prices for mediation depend on the background and expertise of the mediator.

Splitting Community Property in Texas During a Divorce

Posted on by narmeenhussein

Divorce can be a complex and emotionally charged process, especially when it comes to dividing property and assets. In Texas, property acquired during the marriage is considered community property and must be split equally between the spouses in a divorce. In this blog, we will discuss the process of dividing community property in Texas.

What is Community Property?

Community property is defined as all property, other than separate property, acquired by either spouse during the marriage. This includes property such as real estate, personal property, and financial assets acquired during the marriage. In Texas, the legal principle of community property is that all property acquired during the marriage is considered to belong equally to both spouses.

Dividing Community Property in Texas

When a couple divorces in Texas, they must divide their community property equally. The court has the authority to divide community property in a manner that is just and right, taking into consideration factors such as the education and earning capacity of each spouse, the length of the marriage, and the age and health of each spouse.

The court may use one of two methods to divide community property in a divorce: either by agreement or by court order. When spouses agree on how to divide their community property, they can enter into a written agreement, known as a “property settlement agreement,” which is then incorporated into the divorce decree. If the spouses are unable to agree on the division of community property, the court will determine how to divide the property.

Separate Property

Separate property, on the other hand, is property that was acquired by a spouse before the marriage or during the marriage through gift, devise, or descent. Separate property is not subject to division in a divorce and remains the sole property of the spouse who acquired it.

Conclusion

Splitting community property during a divorce in Texas can be a complex process, but it is important to understand the legal principles involved. With the help of an experienced attorney, you can ensure that your rights and interests are protected during the divorce process and that your community property is divided in a manner that is just and right.