Texas recognizes informal or "common law" marriages. If you were to use a search engine, you would find Chapter 2 of the Texas Family Code. Subchapter E deals with "marriage without formalities" or a common law marriage. it the legal requirements are met, a common law marriage in Texas is just a valid as a formal marriage with a marriage license and a minister or judge performing the ceremony. A common law marriage creates the same duties, rights, and liabilities as a formal marriage.
When it comes to dividing marital property in a Texas divorce, a number of complicated issues can arise, especially when dealing with high-value assets. If you own a business, you probably have important concerns about its fate in your divorce.
The people of Texas have a great entrepreneurial spirit, and many Houston residents are small business owners. Having built a business from the ground up is a satisfying endeavor that can take many years. As a person's business grows, so may their personal life. They may marry and have children all while growing their business. However, they may also experience a divorce. Any of these major life events can have a significant impact on one's business, especially if they shared the business with their spouse.
I'm a little different than most family lawyers. When clients come to me to plan a divorce, I feel it's my duty to discourage them. Talk to a counselor, I will say to them. Talk to one another. Try to solve whatever problem is driving you apart.
High-asset couples in Houston may not have had to worry about money very much while married. However, once they decide to divorce, the topic of money must be addressed. When the divorce is very acrimonious, not only does each side want to see that they get their fair share of the marital assets, but they may even be tempted to do things to keep their ex from receiving anything at all. This can lead to the dissipation of assets.
Can a spouse throw the other out of a house in an argument ? Short answer is "no", even in a divorce situation. One spouse may seek to exclude the other spouse from the house only by court order.
"Uncontested divorce" is a misleading term. When people agree to get a divorce, it is not necessarily an uncontested divorce. Differences of opinion may exist as to whether property is marital or separate, how to divide property, who keeps the family business, should it be sold, the value of the family business, whether to pay spousal support, who will have primary custody of the children, what possession or access of the children will be, how much child support will be paid are some of the issues to be addressed in an "uncontested divorce".
Protecting separate property from marital property when it comes to divorce is very important. This is because, in Texas, marital property is considered to be owned by both parties and is part of the divisible estate, while separate property is not. Determining what property is marital and what property is separate may seem straightforward, but, in actuality, it can become confusing.
While many people in Houston know someone who has gone through a divorce, when it comes to divorce, no two cases are alike, just like no two marriages are alike. It is important not to compare your divorce to those of others. In addition, it is important not to fall for the following myths some people may have about the divorce process.
When couples in Texas divorce, in most counties they have to go through the mediation process first. This can actually be a good thing. It gives couples a chance to resolve their divorce legal issues privately and in a quicker manner than litigation would take. It also lets them keep control over the outcome of their case because mediation may resolve their divorce legal issues in a way that is agreeable to both of them.