San Antonio Divorce Law Blog

When working through the divorce process, it is not uncommon for spouses to argue about assets. The goal, for most, is to walk away with at least 50% of the shared assets, but that does not happen in every case, despite Texas being a community property state. Several factors are taken into consideration when working toward a property division settlement, which will affect the final outcome.

What does community property mean? Do all couples have to abide by community property laws? Does a judge get the final say on the matter?

When you married your spouse in a church or Texas courthouse, you no doubt expected your union to last a lifetime. Perhaps, 10 or more years have passed since that day and things have changed. You've changed. Your spouse has changed. Maybe you're one of many other spouses in this state who have decided they'd rather divorce than stay in an unhappy relationship. Especially if you've been working from home or out of the workforce altogether during marriage, divorce can have serious financial implications.

If you have children, your top priority is to make sure you have what you need to provide for their care. Many people divorce, then find themselves struggling to keep food on the table because they didn't understand how to protect their financial interests during proceedings. You can avoid similar problems by keeping several things in mind. For instance, it's a good idea to review state property division laws before heading to court.

Like most other parents here in San Antonio and elsewhere, you make a concerted effort to make sure you do what is in the best interests of your children. You make decisions every day that affect their lives, and you do so because you believe it will serve them not only today but also into the future. Then, you and your spouse end up divorcing.

Now, even if you work with your future former spouse to create a custody agreement and parenting plan, you will need to convince the court it serves your children's best interests. It can be quite disconcerting to know that the standards of someone you have never met and who doesn't know your children and your family will determine what is best for your children. Understanding how judges reach that decision may help you through this challenge.

When you go through a divorce, you are probably thinking about what this will mean for your financial future. Will you be able to maintain your lifestyle? Will you have to move or sell your family home? What's going to happen to your property and assets? These are only a few of the many questions you may have regarding your financial health and future prospects. 

In many divorces, one spouse may have to pay spousal support. Whether a spouse will be eligible for these benefits depends on many factors and the details of the individual financial situation. If you think you may have to pay this type of support or you think you have grounds to seek these payments, you will find it beneficial to start with understanding how and why a court makes alimony-related decisions.