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Top legal issues facing divorcing couples

On Behalf of | Nov 23, 2022 | Divorce

Every divorce in Texas is different from another. Yet, there are some common variables and legal issues that will need to be covered in all circumstances.

Dividing your assets

All your assets will need to be divided between you and your spouse. Assets can be divided into two categories including marital property and non-marital property. Marital property is anything that you own with your spouse. This can include your home, joint bank accounts or vehicles. These will need to be divided equitably.

Non-marital property is anything that you owned prior to your marriage. It can also include things like savings accounts that are in your name. Generally, you will maintain your own non-marital property.

Child custody and parenting time

If you have children, you and your spouse will need to come to an agreement on parenting time and child custody before your divorce is final. Most courts prefer for children to have both parents involved in their upbringing.

Legal custody and physical custody will need to be determined. Legal custody refers to the legal decision-making for the child, while physical custody refers to where the child will live. It is possible for both parents to have joint legal and joint physical custody.

Spousal or child support

Many factors play into spousal or child support decisions after a dissolution of marriage. If one spouse did not work to take care of the children and home, the working spouse may be responsible for support for a duration after the marriage. Additionally, if one spouse is awarded primary physical custody, the other spouse may be responsible for paying child support.

Prenuptial Agreements

A final thought to consider is that any prenuptial agreements signed before the marriage will be binding during the divorce. This can be helpful with the decision-making process.