Who Gets What in a Divorce?

The divorce process can be messy and challenging, but it can also be smooth and seamless. There are many factors that affect how quickly a divorce is processed, how much it costs, and what kind of emotional toll it takes on the divorcing couple. One of the biggest questions that arises during a divorce process is “who gets what in the divorce?”. For couples without many assets, this question can be answered relatively quickly and effortlessly. However, for individuals who have been married a long time or accrued many large or shared assets—such as a house or business—the question is more complicated. To keep costs low, divorce parties can decide on the division of assets and reach a compromise ahead of time. If a couple can reach general terms of the agreement, they can then take the agreement for settlement to their respective attorneys and work on final orders. If an agreement cannot be made, then negotiations and other steps will be necessary. Texas is a community property state, which means any property that an individual acquires during their marriage is automatically considered marital property to be split equally with their spouse in a divorce. This includes real estate and vehicles, and can also apply to joint debt. However, there are some assets that can be considered separate property—such as property that one spouse owned before the marriage. An experienced family law attorney can help you understand the differences between marital and separate property and can advise you as to the best options for your house, property and retirement accounts during and following a divorce. Too often we have seen separating couples spend more time and money fighting over assets than the assets are worth. At Sandoval Law Firm, we strive to keep negotiations peaceful and ensure a fair and equitable division of property. Before filing for divorce, we recommend you consult with an attorney. Contact us today to discuss your options. At Sandoval Law Firm we understand the stress of dealing with divorce, child custody and domestic violence. Our firm consists of founding attorney Raul Sandoval Jr. and a dedicated support staff. Mr. Sandoval earned his law degree from Texas Tech University School of Law. Since that time, he has been practicing family law in the Austin area, as well as teaching seminars, classes and other forms of professional development.