Daily Archives: April 4, 2011

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Divorce in Texas: “Just and Right” Property Division

Everyone seems to have their own set of preconceived notions on how the divorce process is going to go, some based in reality, others mostly in fantasy. Ultimately, I suppose it is in my best interest, as if everyone had the same ideas about how property would be divided, I would be out of a job. That said, I still will go over some common misconceptions with you all as I think it helps the process along the better educated people are. First of which is that a judge is obligated to divide things perfectly down the middle. This may be true in some community property states (Texas is one of 9), but in Texas, the main determining factor is what the judge deems “just and right”. Effectively, that property is divided fairly. This tends to open the door to all sorts of things being discussed at a trial that might not otherwise be relevant to try to sway the judge one way or another in determining what is fair. Things like adultery, income earning potential, child care duties, abusive behavior, etc. are all commonly used as evidence. In most situations, the distribution will correlate pretty strongly with a 50/50 […]