How To Maximize Your Share of Your Marital Estate in a Texas Divorce

 Getting a divorce is a serious step in life, and for sure you won’t be undergoing a Texas Divorce for no reason. There could be one big reason or a hundred little things that made you decide to embark on the process of getting a Texas divorce. It can be messy and complicated especially when you get to the part where your marital properties and assets are to be divided.

 Let’s say you have a strong reason for getting a Texas divorce. Would it then be possible for you to get a bigger or better share of your marital properties?


Reason for Divorce and its Effect on Your Finances


It is possible to get a Texas divorce despite having no strong reason for it. You can simply go to court and get a divorce by stating that you have irreconcilable differences or that you simply can’t get along with your spouse. This is pretty common and this kind of divorce is considered a ‘no fault’ divorce.


There are also some faults that can be considered as grounds for divorce, such as adultery. When you find out that your spouse is not being faithful to you, you can definitely go for divorce. Once you assert that the reason why you’re getting a divorce is adultery, you need to present proof to the judge. After you have proven your allegations to the judge, the judge will then decide whether or not to award you a disproportionate share of your marital properties. You will be given a share that is considered ‘just and right’ for your situation.


Effect of Infidelity on Property Division


When you are sure that your spouse has been unfaithful to you, you can file for a divorce. It would be best to include proof of infidelity at the time you submit the Original Petition for Divorce. You could also try to prove to the judge the acts of adultery your spouse has committed during the divorce process.  Evidence is always an important tool to convince the judge. When it is proven that your spouse has indeed committed adultery, it is likely that the judge will award you with more than 50% of your community property.


There are many fault grounds that could be the reason for your divorce. It is important to provide the proper evidence to the court if you want to fight for a bigger share of your marital estate. In the end, it’s still up to the judge whether or not you’ll get the bigger share and if you were, how much you’d be getting.


What You Can Do


It is important to employ the help and guidance of a Texas divorce attorney to help you win your fight. You will be advised about the various steps you have to take and the type of evidence you have to submit. Your Texas attorney will guide you through the process so that you can have a chance of getting a satisfactory result. With the right Texas divorce lawyer you can give your fight for disproportionate share of your marital estate a better shot.


 Check out some of our other helpful articles:

Hacks on Hiring an Experienced Divorce Attorney in Texas

Spousal Maintenance 101: Everything You Need To Know

Busting Myths and Rumors About Child Support in Texas

Getting a Divorce When Your Spouse is a Resident of Another Country

Things You Didn’t Know About Debts in a Texas Divorce

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at attorney@okohlaw.us