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.

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. 

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.