When people start contemplating divorce, they often try to imagine what life might be like after the divorce. They may try to predict how the courts may address matters such as parental responsibilities and property distribution.
Community property statutes seem to offer a very clear standard for the distribution of marital resources and debts. People generally expect a 50/50 split of any income earned during the marriage and any property the spouses acquired while married. Contrary to what people expect, state statutes actually take a much more nuanced approach to property division.
A 50/50 split is not always the outcome
People expect an even distribution of resources because that is how some states apply community property rules. It is also the starting point for community property distribution in Texas.
Judges begin the process with a presumption that a 50/50 split of assets and debts is the most appropriate and fairest solution. However, both spouses have an opportunity to present evidence to the contrary.
Proof of severe medical issues or highly uneven financial circumstances could influence what a judge decides is reasonable. Even custody arrangements for minor children can have a bearing on what a judge believes is fair.
For those who feel strongly about securing specific asset division terms in a divorce, the option of settling may be attractive. Spouses can take control of the process by working together.
Learning about the laws that apply during Texas divorce proceedings can help people secure an appropriate outcome. While a 50/50 split of property is possible, there is no guarantee of an even split in a litigated property division case.