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In a community property state, both spouses share equal rights to assets gained during marriage. They must disclose all property and debts, determine value, and reach a fair division, typically an even split.

Common property division challenges include separating personal from marital assets, dividing debts, and accurately valuing businesses or professional interests. An experienced Austin family attorney can skillfully navigate these issues and advocate for your best interests.

The law presumes that children benefit from close relationships with both their parents. Courts favor arrangements where each parent spends considerable time caring for the children and shares decision-making responsibility. However, parents can deviate from that arrangement when it is not appropriate or practicable in their case.

Parents must submit a proposed parenting plan to the court for approval as part of the divorce settlement process. In all questions concerning children, Texas Family Code §153.002 requires judges to prioritize their best interests.

The state does not routinely award spousal maintenance, but a court may award it when a couple has been married for ten years or more and the requesting spouse cannot meet their basic expenses without ongoing support. Generally, the amount of spousal support is 20 percent of the payor’s gross income or $2,500 per month, whichever is less, and a spouse typically receives spousal maintenance for no more than 36 months.