Key Aspects of Divorce and Property Division in Texas

Understanding Grounds for Divorce in Texas

Divorce is never an easy process, and in Texas, couples must decide whether to file under no-fault or fault-based grounds. Understanding the difference can help you determine the best approach for your situation.

No-Fault Divorce

The majority of divorces in Texas are filed under no-fault grounds. In these cases, neither spouse is required to prove any wrongdoing. The most common justification for a no-fault divorce is that the marriage has become "insupportable" due to irreconcilable differences or conflicts that make reconciliation impossible. This allows couples to dissolve their marriage without having to air personal grievances in court, which can help reduce stress and legal expenses.

Fault-Based Divorce

Texas also permits fault-based divorce, where one spouse must prove that the other engaged in misconduct that led to the breakdown of the marriage. Common fault-based grounds include:

• Adultery – If one spouse is unfaithful, the other can cite adultery as a reason for divorce. This may impact property division, especially if excessive marital funds were spent on the affair.
• Cruel Treatment – This includes physical, emotional, or mental abuse that makes living together unsafe or unbearable.
• Abandonment – If one spouse leaves the other for at least one year with no intention of returning, the abandoned spouse may file for divorce on this ground.
• Conviction of a Felony – If a spouse has been convicted of a felony, imprisoned for at least one year, and has not been pardoned, this can be a reason for divorce.
• Living Apart – If spouses have lived separately for at least three years, this can also be used as a reason to file for divorce.

While proving fault-based grounds can be more challenging and may lead to a longer legal process, they can sometimes influence decisions related to property division, spousal support, and even child custody.

Does Adultery Impact Divorce Settlements?

Many people assume that adultery will automatically lead to a more favorable divorce settlement for the faithful spouse. However, Texas courts typically view adultery as one of many contributing factors rather than the sole reason for a marriage's dissolution.

That said, adultery can impact the financial aspects of a divorce in specific situations. If a spouse used community funds to support an affair, —such as paying for vacations, rent, or lavish gifts for a third party, —the court may consider this a form of financial misconduct. In these cases, the judge may adjust the division of marital property to compensate for the misuse of shared assets.

It is important to gather evidence if you believe your spouse’s infidelity led to financial mismanagement. Bank statements, receipts, and other financial records can be useful in court proceedings. However, proving adultery and its financial impact does not guarantee a dramatic shift in asset division.

Dividing Assets in a Texas Divorce

Texas is a community property state, meaning that most assets acquired during the marriage are jointly owned and subject to division. However, this does not mean that all marital property is split evenly down the middle. Instead, the state follows a "just and right" standard, where the court aims for a fair, —not necessarily equal,— distribution.

Factors Influencing Property Division

The court considers several factors when dividing marital property, including:

• Each spouse’s earning potential and future financial needs
• The length of the marriage
• Any contributions one spouse made to the other’s career or education
• Whether one spouse will be the primary caregiver for any minor children
• Whether a spouse engaged in misconduct, such as hiding assets or excessive spending

In some cases, one spouse may be awarded a larger share of the marital assets if they have significantly lower earning potential or sacrificed career opportunities to support the family.

Protecting Separate Property

Not all assets are subject to division in a Texas divorce, though. Some property is considered separate property, meaning it belongs solely to one spouse and is not subject to division. Common examples include:

• Property acquired before the marriage
• Inheritances received by one spouse
• Gifts given specifically to one spouse during the marriage
• Compensation from personal injury settlements (except for damages related to lost wages)

However, proving that an asset qualifies as separate property can sometimes be challenging, particularly if it has been mixed with marital funds.

The Risk of Commingling Assets

One of the biggest challenges in a Texas divorce is commingling, which occurs when separate property is mixed with marital assets, making it difficult to distinguish ownership.

For example, if one spouse receives an inheritance and deposits it into a joint bank account used for everyday expenses, the court may now consider those funds community property. Similarly, if a spouse owned a house before the marriage but used shared income to pay the mortgage or renovate the property, the other spouse may have a claim to part of its value.

To avoid disputes, it’s crucial to keep separate property clearly documented and stored in accounts that are not shared with a spouse. If commingling has already occurred, hiring a forensic accountant may be necessary to trace ownership, which can be costly.

Handling Retirement Accounts and Debts

Retirement Accounts

Retirement savings, including 401(k)s, pensions, and IRAs, are often among the most valuable assets in a divorce. In Texas, contributions made to these accounts during the marriage are considered community property, even if only one spouse’s name is on the account. The division of retirement funds can be complex and may require a Qualified Domestic Relations Order (QDRO) to facilitate the transfer without tax penalties.

Marital Debts

Just as assets must be divided, so too must debts accumulated during the marriage. Common forms of marital debt include:

• Mortgages
• Car loans
• Credit card balances
• Personal loans

Texas courts divide debt based on what is fair, rather than automatically assigning half to each spouse. If one spouse is responsible for significantly more of the debt, the court may consider their ability to repay when determining asset division.

Spousal Maintenance in Texas

Spousal maintenance is not automatically granted in Texas. Instead, courts evaluate whether one spouse requires financial support to maintain a reasonable standard of living post-divorce. Factors that influence spousal maintenance include:

• The length of the marriage
• The requesting spouse’s ability to support themselves
• Whether one spouse sacrificed their career to support the family
• Whether domestic violence or abuse occurred

In most cases, spousal maintenance is temporary, lasting only as long as necessary for the recipient to become financially self-sufficient.

Finalizing Your Divorce

Divorces in Texas take a minimum of 60 days to finalize due to the state’s mandatory waiting period. However, more complex cases involving significant assets, child custody disputes, or contested fault-based claims can take much longer.

To ensure a smooth divorce process and protect your financial interests, consulting with an experienced attorney is essential. From navigating property division to securing your financial future, having legal guidance can make all the difference.

For professional guidance on navigating divorce and protecting your assets, contact De Ford Law Firm at www.defordlawfirm.com or call 936-274-6823 to schedule ayour case evaluation.