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Plano Family Law Blog

How will the courts split up your assets in a Texas divorce?

Unless you and your ex signed a thorough prenuptial agreement or set terms for a postnuptial agreement due to marital issues, it is nearly impossible to predict the exact outcome of a divorce. Although there is a legal standard that exists for property division in Texas, much of the standard is interpretive and gives authority and discretion to the judges to use as they see fit based on the details of the situation.

If you don't have a written agreement with your former spouse about how you want to split up your possessions if you divorce, it is nearly impossible to predict who will get what and how much of which asset you have the right to retain. However, informing yourself about the community property standard for asset division in Texas can help you understand how the courts will make decisions regarding your possessions.

Custody of your special needs child could affect spousal support

Parents considering divorce often have to spend some time examining how their divorce will impact their children. For parents with special needs children, it can become much more complex to navigate a divorce without the process impacting the well-being of their child.

From shielding your child from anger between you and your ex to planning for their financial protection in the event that you die, there are many unique considerations that special needs children require during divorce proceedings.

Divorce and property: When you don't want to sell your home

If you're getting divorced in Texas, then you need to know about the property division rules. Texas is one of only a few states that has a community property system. A community property system creates a fair base for a divorce. Why? It means that you have to split your assets 50-50.

Of course, the only assets you're intended to divide equally are marital assets. That's why it's very important for you to clarify which properties you own are your own separate property and which are marital property.

The way you ask for a divorce can impact the process

Before your divorce case moves into mediation or litigation, there's an important step you can't afford to overlook: the manner in which you'll ask your spouse for a divorce.

If you're in a dead-end marriage, you may assume that it will be easy enough to tell your spouse that you want a divorce. However, as you prepare to do so, you'll come to find that there are many questions lingering in your mind.

Using mediation to protect special needs kids from divorce

It is a natural parental instinct to want to shield children from the consequences of marital strife, including divorce. Unfortunately, traditional divorces can be very emotionally difficult for the children in the family. The more contentious and angry the divorce, the more difficult it can be for the kids.

An expectation to testify regarding their personal preferences can stress them about their parental relationships. Listening to their parents attack one another in arguments during custody exchanges, as well as in court, can also be painful.

How to explain your divorce to your special needs children

Talking with your children about an impending divorce is difficult in even the best of circumstances. Children are likely to catastrophize news of a divorce. They often have strong emotional reactions ranging from anger to guilt. Kids may also worry about losing their relationship with one or both of their parents, or fear that they are the root cause of the divorce.

That fear may be especially pronounced and harder to communicate for children with special needs. After all, there is a pervasive myth that children with special needs can be a contributing factor toward divorce in families. Many kids have heard this myth and may have internalized it.

Splitting business assets in divorce

The whole world is watching how Jeff and Mackenzie Bezos' divorce is playing out. It has all the right elements — alleged adultery, minor children, billion-dollar assets, divided businesses.

Certainly there will be few in that income strata to compare with the divorce and property split of the richest man in the world, but some commonalities remain that bear our attention.

Not all relationships are equal: Divorce factors

You have probably heard repeatedly that there is roughly a 50 percent divorce rate in the United States, meaning half of all marriages eventually end. This oft-cited statistic is debatable, and it gives you the idea that your odds of getting divorced are just that: numerical odds. It's a coin toss. You can't predict the outcome.

That's not actually how it works. If you put four people in a room, you can't just claim that two of them will get divorced. Not all relationships are equal. All four of these people could stay together or split up. It depends on a host of factors, such as:

  • Your age. Did you know that people who get married younger also tend to get divorced more often? Twenty-five years old seems to be an important milestone, as those who wait until they are at least 25 get divorced less than those who marry before reaching 25.
  • If your parents got divorced. Did you see your parents' relationship end while you were a child? If so, that makes it more likely that you will follow in their footsteps and get divorced yourself. If your parents stayed together, you and your partner are more likely to do the same.
  • How long you stayed in school. Getting a college degree helps make your marriage more stable. For instance, the divorce rate for people who had a degree was around 14.2 for every 1,000 people in one study. For those who did not graduate from college, it was more like 23 out of 1,000.
  • Your ethnicity. People with different racial backgrounds get divorced at very different rates. One study looked specifically at women and found that African-American women have the highest divorce rates. Women with an Asian heritage have the lowest divorce rates. In the middle are both Caucasian women and Hispanic women.
  • Having kids. Did you and your partner already have children? If so, your divorce odds are lower now than they were before. Many parents, it seems, really do decide to stay together for the kids.

Do you have a special needs child? The benefits of a trust

Planning for the future of a special needs child is difficult even in the best family circumstances. Two married parents will often struggle to create a robust estate plan that provides adequate support for a special needs child in the future.

Unlike most children, special needs children may remain dependent on their parents for their entire adult life. They may require extensive, ongoing medical care that can prove quite expensive. Additionally, they may not have the physical or mental capacity to live independently. That can make divorcing more complex.

Important medical care considerations in child custody

While you might focus on the parenting time schedule when you divorce your child's other parent, there is another consideration for you to think about - the child's medical care. All children will need at least preventative care during their lifetime.

For some parents, such as those who have medically fragile children or children with medically complex problems, the need to plan for such matters increases sharply. It is imperative that parents work together to come up with a plan for how the child will receive the necessary care.

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