In a community property state like Texas, nearly all assets acquired by a couple during marriage will be split equally upon divorce. An exception would be if the spouses agree to a different type of arrangement. It is generally preferable for the parties to reach a settlement on their own, without a court order. If spouses cannot settle on their own, they will need to go to trial and have a judge decide for them. This could result in assets being split in a way that is unsatisfying to both of the parties.
Divorce trials lead to serious financial and emotional costs
Additionally, trials time-consuming, and they often get set out several months in advance due to overcrowding in the courts. This delay can also be a source of stress since it means there will be no quick resolution (which can also cause difficulties for the couple’s children or their new partners). Trials can also be expensive because family law attorneys need time to prepare.
Trials are sometimes necessary
On the other hand, if one ex is being unreasonable and refusing to give the other 50% of the community property assets, a divorce trial may be necessary, The goal of going to court is ensuring that each person gets his or her fair share. A trial may also be necessary if the parties are unable to agree to a child custody plan.
The importance of legal representation
At first, it may seem impossible for spouses to get to a place where they can agree on how to divide their community property. Having a Texas-licensed family law attorney in one’s corner may help facilitate settlement communications. If a settlement is not possible, an attorney can vigorously represent his or her client’s interests at trial.
