Distribution of Property and Fault-based Divorce
The division of property and assets accumulated during a marriage can be the most contentious aspect of a divorce. You need an attorney who can help you understand the complicated and fact-specific laws applicable to property division, particularly in a fault-based divorce.
At Short Law Firm, PC, my dual goals are to help you understand the process and to achieve the most effective outcome on your behalf. I serve clients in Collin County, the Dallas Metroplex and throughout North Texas.
Property Distribution In Texas
Under Texas law, property division may be disproportionate between the spouses in a fault-based divorce, in situations where one spouse committed adultery or fraud on the marriage, or was cruel to or abandoned the other spouse. Distribution can also be affected by the existence of an agreement signed before the marriage.
I can also assist with no-fault divorce, called “insupportable” in Texas. Even in situations where neither party is at fault for the divorce, division of property can be skewed for any number of reasons, including:
- Disparity of earning power of the spouses and their ability to support themselves, including age, education, business opportunities and future employability of each spouse
- One spouse’s waste of marital assets
- Health of the spouses
- Which spouse was granted custody of the children
- Debt and liabilities
- The effort of each spouse in the creation of marital property, or in its increase of value
- Tax consequences of the division of property
The application of Texas law to your specific circumstances can be complicated. I can help.
Answering Your Frequently Asked Divorce Questions
Going through a divorce is a complex process, so it’s natural to have a lot of questions. I take the time to answer any questions and concerns you might have, including the following:
What’s the difference between fault-based and no-fault divorce in Texas?
When filing for divorce in Texas, you must choose between two options: a no-fault divorce and a fault-based divorce. Here’s how they differ:
- No-fault divorce: If you and your spouse have come to the agreement that your marriage is no longer working out due to various circumstances and neither of you is strictly responsible, you have a no-fault divorce. The grounds for filing this type of divorce are based on irreconcilable differences. In this case, you will jointly file for divorce to formally and legally state that neither party was guilty of any wrongdoing that caused the end of the marriage.
- Fault-based divorce: If you and your spouse do not agree on getting a divorce, then you may need to pursue a fault-based divorce. The person filing for divorce will need to explain what their spouse did to lead to the divorce and provide evidence of the claim. For example, if your spouse cheated, you’ll file a fault-based divorce on the grounds of adultery and prove that adultery was the reason to end your marriage. Other grounds for a fault-based divorce include abandonment, abuse, domestic violence, felony convictions, mental incapacitation, and mentally or physically cruel treatment.
No matter what type of divorce you’re pursuing, you need a skilled divorce attorney on your side. I have experience in handling both fault-based and no-fault divorces, and will develop a solid strategy that prioritizes your goals and needs during the divorce proceedings.
How does fault impact the division of property?
Texas is a community property state, which means marital assets acquired during the marriage are divided as fairly and equally as possible. However, if you’re pursuing a fault-based divorce, misconduct by one spouse may have an impact on the outcome of property division.
Courts consider a variety of factors when dividing assets, including the length of the marriage, each spouse’s contributions to the marriage and their financial stability. If a spouse’s misconduct – such as adultery, fraud or abandonment – led to the divorce, the court may take that misconduct into consideration as well. This can impact the spouse who performed the misconduct and cause them to get a lesser percentage of the marital assets during property division.
What factors influence the division of property in a no-fault divorce?
There are multiple factors that go into determining the division of property in a no-fault divorce. Some of the most common factors include:
- The length of the marriage
- The age and health of each spouse
- The income and earning capacity of each spouse
- The financial needs of each spouse
- The skills and employability of each spouse
- The contributions each spouse made to the marriage
- Whether there are children involved in the marriage and who is the primary caregiver
Any of these factors can influence the court’s decision when determining how to divide assets during your divorce. Working with a skilled divorce attorney can help increase your chances of a satisfactory settlement that protects the assets you value most.
Still Have Property Division Questions?
Are you unsure of how your actions – or your spouse’s actions – will affect your court proceedings? Do you have questions about division of marital property? Call 972-813-9959 or contact me online to schedule a consultation in Plano.