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. 

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. 

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.