Perhaps the greatest challenge to securing a divorce is the emotional and economic uncertainty people experience as the legal process unfolds. While it marks the end of one chapter in your life, a new one opens filled with possibility. To travel from your unhappy marriage to a more fulfilling and economically stable future, it’s imperative that you work with an experienced Travis County divorce attorney. Karen Wang, Attorney at Law, understands the importance of compassionate and strong legal representation in divorce cases.
Grounds for Divorce
Texas recognizes no-fault and fault divorce petitions. The most common cases today are no-fault and a spouse can cite irreconcilable differences as a reason the marriage cannot be salvaged. Rarely does the other spouse challenge this claim. The issues that need to be negotiated, or litigated, include child custody, visitation, support and division of marital assets. The state does allow for fault divorce petitions based on adultery, cruelty, and abandonment, among others. Winning a fault divorce may entitle you to a greater portion of the marital wealth.
Under the approach adopted by Texas, the court starts with determining which property makes up the marital property as opposed to which property is separate. These assets are determined by when they were obtained, either before the marriage or during the marriage. Complications can arise when the class of assets is commingled with another class, sometimes requiring that one “estate” reimburse another “estate.” If the commingling is extensive or the parties are highly litigious, then a forensic accountant is used to “trace” assets to determine how much of an asset’s value belongs in each estate as a starting point, in the division of assets.
In order to receive spousal maintenance in Texas, you must first qualify. Meeting the law’s standards can be difficult. It will be imperative that you demonstrate a significant economic need or obstacles that impedes your ability to earn sufficient funds to meet your basic needs. The length of the marriage will also be considered.
The court will weigh the economic resources of each spouse, potential earning capacity, homemaker status, and several more factors. Making a successful claim for spousal maintenance can be complicated and it’s important the you work with an experienced Travis County divorce attorney.
If you are considering divorce, contact Karen Wang, Attorney at Law, for a consultation today.