Category: Divorce Attorneys

The state of Texas is a community property divorce state, meaning that property owned by a couple is divided between them as part of the divorce agreement arranged with their divorce lawyer.

It includes wealth gained during the marriage and excludes any property or assets that were owned by each spouse individually before the marriage.

Divorce attorneys advise their clients that community property is divided fairly as determined by the court and that while some property may not be divided 50/50 depending on the circumstances of the divorce, the goal is to disperse things as equally as possible.

What Is Considered Community Property?

What types of property and assets do divorce firms consider to be community property when acquired during a marriage and thus being subject to dispersal by the family court?

• Income – Any income earned by either spouse during a marriage and then either saved or used to purchase assets is all considered community property. Bank accounts, whether joint or individual, also fall into this category.
• Real Estate – Homes, vacation properties, business properties, land, and other real estate regardless of whose name is on the deed are community property according to divorce lawyers.
• Vehicles – Cars, boats, planes, campers, and other vehicles, regardless of whose name is on the title.
• Possessions – Personal property like jewelry, antiques, art, electronics, furnishings, and other possessions might all fall under community property if they were purchased during the marriage and with community funds.
• Retirement Accounts – Divorce attorneys advise their clients that portions of retirement accounts collected during the marriage period, regardless of which spouse contributed to the retirement account.

What Is Not Considered Community Property?

Though that does cover many types of property that is legally considered community property for division according to most divorce lawyers, there are certain assets that are not subject to dispersal as part of the divorce:

• Inheritance – Assets handed down to one person and meant to stay within a family.
• Gifts – Personal gifts intended for only one spouse.
• Personal Injury Settlements – Injured spouses may keep their entire settlement value, even in divorce.

Division of Marital Assets Needs Help From Divorce Lawyers

Determining who gets what while negotiating a divorce can be challenging, sometimes even leading to arguments and animosity.

For this reason, it is essential that divorcing couples with substantial estates work with an experienced divorce law firm, especially if there is disagreement on how certain property should be dispersed.

An experienced divorce lawyer will help couples understand the laws pertaining to their property and how to best divide it based on the circumstance of the divorce as the court will see it.

Ultimately, it is every divorce attorney’s goal to help each spouse retain what is rightfully theirs once they part ways.

Every divorce that occurs needs to be recorded with the vital records office and this information is available to the general public as a divorce record.

A personal copy of the divorce record is a divorce certificate that can be used by the individual as a legal document in all matters concerning the divorce.

Where Are Divorce Records Kept?

Divorce records are maintained by the vital records department or in the health statistics department.

Any person wishing to access these records may do so by placing a request with the concerned department holding the information.

They can also obtain copies of the records which are uncertified copies if you are not one of the concerned parties in the divorce.

Only parties involved in the divorce can obtain a certified copy of the divorce certificate.

What Is Included in Divorce Records?

The divorce record contains vital information about the divorce such as the date on which the divorce was finalized and why the divorce occurred.

It also has other pertinent information such as names of the couple, the date when their marriage took place, the location where the marriage happened, the date of birth and the names of the children, if any, and more.

It may also list other information such as the divorce settlements, the payment of alimony or separate maintenance if any.

What Are The Uses of Divorce Records?

The divorce record is an important proof of information that the divorce has taken place, which is useful for the individual parties involved in the divorce to prove the divorce and can be of utility in many areas.

• These records can help the individual ensure that the divorce has legally occurred, as in some cases of uncontested divorces, the respondent party may not be aware of the settlement of the divorce.
• A divorce record helps in proving that the divorce has been finalized in the Court of Law.
• When a person intends to marry again after a divorce, the divorce certificates should be provided to legally allow the person to remarry.
• It also helps resolve issues arising in the care of children born out of the marriage where divorce has taken place.
• A woman intending to change her name that carries the surname of the ex-husband can do so by providing these records.
• Another important use of divorce records is searching the names of the current partners on websites that allow the search of these records, which is useful in knowing more about the previous history of the person.
• If the person has been involved in a divorce, it helps in knowing whether the divorce was finalized and what were the terms of the settlement.
• It also helps to know the reasons behind the divorce and can avoid many future unpleasant scenarios by knowing if the partner was involved in problems like child abuse or had a history of domestic violence.

The use of divorce records is endless – check with your divorce lawyer to learn more.