Every divorce is different. People decide to end their marriages for a variety of unique reasons. Some married couples have minor children, while others might have an adult child with special needs or no dependents at all. Every married couple has a unique assortment of property and debts to divide at the end of the marriage.
The laws governing divorce impose relatively broad standards that the courts then interpret on a case-by-case basis. Sometimes, people can misunderstand what the different rules actually mean. They may begin the divorce process with unreasonable expectations because of information they have misunderstood.
One particular misconception about divorce in Texas is relatively widespread. It may lead to some people avoiding divorce when it could be their best option. This misconception might also push some people to seek unrealistic terms during property division negotiations.
Community property rules can be confusing
Contrary to what people assume, community property rules do not create a simple standard that applies in every divorce scenario. Many people believe that community property statutes require a 50/50 distribution of all marital properties and debts. While the law does discuss the possibility of even distribution, that is merely the starting point for property division matters in litigated divorces.
Spouses can present information to the courts to convince a judge that an uneven distribution of assets is the most appropriate and fair option given the circumstances of the spouses. Judges can allocate property in any proportion they deem reasonable given family circumstances.
For example, if one person files for divorce because the other spouse has cancer and can no longer work or care for the family, their health can influence what a judge views as appropriate. Custody matters, the length of the marriage and even separate property owned by the spouses can influence the outcome of the property division process. Much is left to the discretion of a judge if couples litigate. Those who settle can establish their own terms for the allocation of their property and debts.
Learning more about the basic rules that apply during divorce can help spouses understand what to expect when dividing their property. Those with the right information are less likely to find divorce frightening or intimidating.