Community property is a legal concept that exists in a number of states throughout the United States, including Texas. In the context of a Texas divorce, community property refers to all property and assets that were acquired by a married couple during the course of their marriage, with a couple of exceptions. Community property can include income, real estate, investments, and other assets. Today, we are going to discuss everything you need to know about community property. Remember to hire an experienced divorce attorney to ensure you fully understand community property in Texas and what it entails. 

What Does Texas Law Say About Community Property? 

Under Texas law, both spouses own community property equally, regardless of who earned the income or whose name is on the title. This means that in a divorce, community property is generally divided equally between the spouses unless there is a prenuptial or postnuptial agreement that specifies a different arrangement.

Some examples of community property in Texas include the following:

Divorce mediation is a very popular alternative to traditional litigation, as it can save exorbitant amounts of money and emotional stress. However, mediation is only sometimes successful. Understanding the common causes of failure is essential to increase your chances of a positive outcome. Today, we will discuss the common causes of why mediation can go wrong and what can be done to salvage the situation if things do not go according to plan. Remember, a family law attorney can be instrumental in helping to ensure the mediation process is as smooth as possible.

What Causes Mediation to Go Wrong, and What Are Some Solutions? 

One of the critical reasons divorce mediation can fail is the need for preparation by one or both parties. To achieve a successful mediation, both spouses should come prepared with a clear understanding of their financial situation, assets, debts, and other relevant information. Failure to adequately prepare can lead to delays, disagreements, and, ultimately, a breakdown in the mediation process. To help ensure this does not happen, before starting mediation, ensure that you gather all necessary documentation and work with your attorney to develop a comprehensive understanding of the issues to be discussed.

The second cause for mediation to go wrong can stem from an unwillingness to compromise. Mediation is built on the foundation of compromise and finding mutually acceptable solutions. The mediation process will likely fail if one or both spouses are unwilling to compromise or have unrealistic expectations. To ensure this is not a problem, it is essential to approach mediation with an open mind and a willingness to find solutions that work for both parties. Understand that you may not get everything you want, but working together to find a fair agreement is crucial for success. 

Paternity refers to the legal father-child relationship. Life is complicated, and many people find themselves in situations in which the paternity of a child is uncertain or contested by a parent. Determining paternity and legally establishing the father-child relationship is crucial for many different reasons.

Confirming paternity provides an opportunity for a father to be involved in his child's life. Furthermore, establishing paternity is often the first step in securing child support - a crucial form of financial support for single parents. Paternity testing is frequently used to confirm whether a man is indeed a child's biological father.

When is Paternity Testing Necessary?

Paternity testing is needed when the father of a child (or potential father) is not named on the birth certificate or when there is doubt or uncertainty as to who the biological father of a child may be. Paternity testing can also help resolve disputes between unmarried parents and provide legal proof that an alleged father is, in fact, the biological parent. Paternity testing may also be used to confirm that an alleged father is not the child's biological parent.

In Texas, child custody is referred to as conservatorship. If a parent has sole managing conservatorship, he or she has sole decision-making authority over the child. This means that the parent can change the child's school, move him or her to a new residence, or make other decisions without the other parent's input.

If divorced parents have joint managing conservatorship, both parents have a right to be involved in their child's life and to make child-related decisions. Parents with joint conservatorship cannot move the child out of state without the other parent's consent. The other parent has the right to object to the move or ask for modifications, such as allowing them visitation rights in their home state.

Moving When Parents Share Custody

Parents who share custody are held to different standards than parents with sole conservatorship. If a parent with joint conservatorship wants to move, he or she will need permission from the child's other parent. If both parents agree to the move, they can submit a “Stipulation and Order” to the court and modify their parenting plan to account for the relocation. If one parent does not consent, then the parent who wishes to move can file a petition for relocation with their local family court.

Parents have certain rights and obligations under Texas law. Parents are expected to provide a safe home for their children and ensure that the children are adequately fed and taken care of, attend school, and receive medical care. Parents also have rights, including the right to make decisions about their child's upbringing and spend time with their child.

However, there are situations in which a parent's rights may be terminated, either voluntarily or involuntarily. Typically, the termination of parental rights occurs in the context of adoption.

Parents May Voluntarily Terminate Their Parental Rights to Allow an Adoption

Some parents recognize that they are not in a position to care for a child. They may be struggling with severe mental illness, substance abuse, or other personal problems that make them unable to provide a safe and stable home. For this reason, they may voluntarily consent to terminate their parental rights through the court so that the child can be adopted by someone else.

In a previous blog, we discussed the advantages of utilizing a prenuptial agreement to define property rights before getting married. Prenuptial agreements have long been the subject of skepticism, but more and more couples are recognizing the utility of such a document. Many family law attorneys are seeing an increase in the number of people requesting prenups – especially among the younger generation.

Postnuptial agreements are very similar to prenuptial agreements: They describe each spouse’s property rights and obligations in the event of divorce or the death of a spouse. However, a postnuptial agreement is signed after the couple has gotten married. Read on to learn about three situations in which a postnuptial agreement may be beneficial.

The Couple Owns Significant Assets

If either spouse in a marriage has significant wealth, a postnuptial agreement can help protect that wealth. Many people look into getting a prenuptial agreement after they experience a financial windfall. For example, a wife who inherits real estate from a deceased relative may wish to use a prenuptial agreement to classify the property as a non-marital asset. Property acquired through inheritance is generally considered non-marital property, however, countless circumstances can lead to transmutation. A postnuptial agreement ensures that the home does not become entangled with marital property and end up as part of the marital estate.

On June 26, 2015, same-sex marriage was legalized across the United States.  This means that same-sex couples who were married in a state that recognized their union are now able to get divorced in any state, including Texas.

Before 2015, things were a bit more complicated for same-sex couples who wanted to end their marriage. Some states did not recognize same-sex marriage, so these couples had to travel to a state that did in order to get married. This made getting divorced more complicated, as the couple would then have to return to the state where they were married in order to dissolve their union.

Now, same-sex couples can get married and divorced in any state. The divorce process is largely the same as it is for heterosexual couples. However, same-sex couples may still encounter legal and financial challenges when ending their marriages. If you are a same-sex couple who is considering getting divorced, it is important to seek out the help of an experienced family law attorney. 

Domestic violence is something that many people sweep under the rug. Although abuse between spouses, romantic partners, and family members is common, many people are hesitant to discuss these matters publicly. October has been named Domestic Violence Awareness Month to bring these issues to light and help victims understand their rights and options. 

If you have been abused by a current or former boyfriend, girlfriend, spouse, family member, or household member, know that you do not have to tolerate this behavior. There are court orders called protective orders available that can help you get out of an abusive relationship or living situation. 

Protective Orders Available in Texas 

A person who is a victim of family violence, abuse, sexual assault, stalking, or trafficking can file for a protective order. In Texas, there are different types of protective orders depending on the relationship between the victim and the abuser and other factors:

Finances are inevitably a huge factor in a divorce case. Each party's income, assets, and debts influence the division of property, child support, and if ordered, spousal support. Both spouses are expected to be transparent about their finances. Unfortunately, some spouses attempt to hide assets in order to keep more for themselves after the divorce.

Finding Undisclosed Money and Property During Divorce

Undisclosed assets and false financial information can heavily influence the division of assets during divorce. If one spouse is caught hiding money or property, the other may be entitled to a greater share of the marital assets.

There are many ways that a spouse may try to hide assets. They might:

One of the most confusing aspects of getting divorced is that divorce laws vary greatly from state to state. For example, in Texas, divorcing spouses may list a fault-based “ground” or reason for divorce while other states only have no-fault divorce grounds. Cruelty, felony criminal conviction, abandonment, and adultery are some of the fault-based grounds in Texas. “Insupportability” is the main no-fault reason for divorce.

If you are getting divorced because you or your spouse cheated, it is important to know how this can affect your divorce case. Unlike many other states, Texas courts can and do consider infidelity when making decisions about the outcome of a divorce.

Divorce and Extra-Marital Affairs

When someone files for a fault-based divorce, they are alleging that the other spouse’s actions caused the divorce. Adultery, or the act of having sexual intercourse with someone other than your spouse, is a common fault-based ground for divorce in Texas.

The furthest thing from most new couples’ minds is the idea that their relationship will come to an end. But when nearly 50 percent of marriages end in divorce, the notion of a marriage lasting forever might seem naive to those who tend to be practical about making major decisions. Prenuptial agreements are a great way to protect both you and your future spouse’s interests at a time when you are feeling generous and considerate towards each other. Although negotiating a prenup may not feel like the most romantic thing to do, having a solid legal agreement in place can save time, money, conflict, and heartache down the road if the relationship does end. Here are three important conversations to have before you begin discussing your Texas prenuptial agreement. 

What Do You Own and What Do You Owe? 

Couples building a prenuptial agreement will need to disclose all of their property and debts. Each spouse should list his or her real estate, business interests, investments, and other assets. Spouses must also disclose debts, including credit card debt, student loans, and personal loans. A prenuptial agreement allows spouses to classify assets and debts as either marital or separate property. Marital property is owned by both spsoues while separate property or non-marital property is owned by only one spouse. 

How Will You Manage Money? 

Financial conflict is a frequent driver of divorce, and while couples do not necessarily need to have similar financial management styles, understanding how you will handle any differences will be crucial for establishing healthy financial habits throughout your marriage. Prenuptial agreements can specify what will happen in regard to spousal support, shared assets, business ownership, and more. 

Although parents usually make decisions that are in the best interests of their children, Texas family law courts recognize that a parent’s judgment may be blinkered during divorce. Unfortunately, divorce often turns into a zero-sum competition between spouses and when the children get caught in the middle, fights over custody, false accusations, and other high-conflict behaviors can emerge. 

Texas courts must therefore try to objectively determine what is in a child’s best interests and make child custody decisions accordingly. Generally speaking, judges are reluctant to give one parent full custody, and any parent seeking full custody must demonstrate that there is a good reason to grant that arrangement. However, there are certainly situations where the children are better off staying away from one parent, and it can be helpful to know what those are.

When is Full Custody Given to One Parent in Texas? 

Before answering this question, it is important to distinguish between the two parts of child custody: “possession and access” and “conservatorship.” “Possession and access” refers to a parent’s right to spend time with a child. “Conservatorship” refers to a parent’s decision-making authority over a child. A parent with all the decision-making authority and exclusive possession and access has sole managing conservatorship, which is what most people mean when they say “full custody.” When a parent has full custody of a child, then that child is in their care full-time, and only that parent makes decisions for the child. 

When a couple weds, “yours” and “mine” become “ours.” Whether intentional or unintentional, spouses’ finances almost always become entangled during a marriage. Separating assets and debts is often a significant hurdle during the divorce process.

If you are thinking about getting divorced, you may have questions about how property is divided between spouses in Texas. Who keeps the marital home? What about vacation homes and rental properties? Will I be responsible for my spouse’s debts? The answers to these questions vary from case to case, based on several different factors. Read on to learn more.

Community Property is Divided Equally

States vary with regard to property division during divorce. Texas is a community property state. This means that almost all of the income and assets acquired by either spouse are considered community property or marital property. Both spouses have a right to an equal share of community property.

There’s no way to sugarcoat or otherwise downplay the challenges and adversity linked with divorce in most instances.

For most people, notes one proven North Texas family law legal source, marital dissolution “is a difficult process.”

And that is understandable, right? Although some splitting couples are able to quickly end failed marriages in a largely uncontested manner, sticking points and matters of dispute are far more commonplace in Texas decouplings and other divorces nationally.

Divorce can be stressful for you and the animals who are part of your life and livelihood. As you and your spouse start out, you have no intention of ending the relationship. When it comes time to divide a combined life, the situation can become challenging.

Horses may feel like family. During the divorce, however, they are assets and can become a source of friction.

Here’s what you should know about how Texas views horses during a divorce.

Divorce, family crises and other issues often lead to grandparents assuming the primary parenting role for their grandchildren. While some pursue adoption to validate the relationship legally, many others provide that care informally.

Reasons grandparents assume the primary parenting role

While many factors exist for grandparents taking over raising their grandkids, most are related to difficulties that prevent parents from effectively providing that care. These include:

• Parental substance abuse
• Child abuse and neglect
• Physical or mental illness
• Child disability
• Unemployment
• Military deployment
• Abandonment
• Death of one or both parents
• Teenage pregnancy
• Incarceration

Challenges grandparents face for raising grandchildren

When grandparents assume the primary parenting role for their grandkids, they can face several obstacles, and the responsibilities can feel overwhelming. These include:

Your divorce is new territory for everyone involved. Its effects disrupt lives, while lingering and simmering. Sometimes, heated arguments with hurtful words surface, and, other times, the parents and children withdraw. There are ways to overcome such difficulties, and among them is avoiding doing, saying and perpetuating poor and non-productive habits that only lead to further ill will.

Your children are perceptive. They often know and understand much more than you think. Children are alert to good news, bad news and to reality. During a divorce, they hear every little pin drop of detail. And this is why it is critical for parents to be careful of their actions and words during such a difficult time.

Avoid secrecy and spouting your frustrations

You love your children. You cared for them and protected them during the marriage, and, now, you must do the same in divorce. Here are some of the things not to do around children during divorce:

Child abuse is a serious matter that relies on responsible adults to help put an end to it. Without the actions of someone who witnessed the abuse, the child can continue to suffer indefinitely.

This type of abuse is far more common than you may expect, with nearly 700,000 cases occurring annually. Knowing how to identify and report all forms of child abuse can help save the life of a child near you; here is what to look for:

Signs of child abuse

Child abuse can come in many different varieties. Physical abuse can be difficult for an abuser to hide, but it is possible. If a child has obvious makeup on their face, neck, or other areas of the body, it may be covering bruises. An abusive parent may force a child to wear baggy clothes even on hot days, or a child may cover themselves up from shame.