If you are currently seeking a divorce, you want to make sure that you divide your assets fairly. Therefore, it is important to talk to a lawyer about your situation. Most states are common law property states. Therefore, you and your spouse will divide the marital assets. As a result, each spouse will keep his or her property when the marriage legally ends.
How the Court Defines Community Property
When you talk to a divorce attorney in Orange, Texas, you will find that it is important to make the distinction between community property and separate property. Texas law defines community property as property that each spouse acquires during a marriage. Separate property is property that one spouse owned before the marriage. Therefore, all property is assumed to be under the community property classification unless a party can prove, by a preponderance of the evidence, that the property is a separate property.
An Equitable Division
That is why working with a divorce attorney who has a working knowledge of asset division is important. He or she should be well-versed in handling these types of cases. When a couple divorces in the state of Texas, the court requires that the division of the marital property be done in a way that is equitable, or just and right.
Talking to an Orange, Texas divorce attorney will help you determine how you stand with respect to the division of assets and property in your divorce. You can rely on him or her to give you the full details about how to best end the marriage equitably and amicably.
How the Court Makes a Decision
When you speak to a divorce attorney, you will soon find out that the court considers a number of circumstances in determining if a division is equitable, including the fault in a breakup, the disparity of earning power, each spouse’s health, and child custody.
Courts also consider such criteria as each spouse’s education and future employability. Therefore, you need to review your case carefully with an attorney to make sure you receive your property and handle all other aspects of the divorce properly.
