Helping Families in Rockwall County and Surrounding Counties

Splitting Everything in Half: The Myth of Divorce

Splitting Everything in Half: The Myth of Divorce

Posted By Eaker Law Firm || 24-Nov-2015

Every day I hear people talk about dividing everything in half. Somewhere this concept has been imposed upon the popular conscious as being what happens in divorce and that can’t be further from the truth.

In the state of Texas, barring an agreement otherwise, all Community Property shall be divided by the Court in a “just and equitable” manner. The term means what it says and there lies the beautiful art that a lawyer can bring to your divorce. Innumerable factors can be brought to bear on how to make that division of assets.

Even assuming everyone agrees on what is community property and what is separate property and (more unlikely) everyone agrees to all the values, the assets comprising the community estate will have various liquidity, tax treatment, sentimental value, and spouses have different preferences, risk aversion, and needs.

When people tell me they “know I get half of the 401K,” I usually respond by asking which half of the couch they want. After the surprised look goes away and they realize I have a point to make, people understand that each asset will not be divided necessarily.

Trust legal professionals regularly engaged in family law rather than what you assume. Strongly held beliefs based on faulty information (confirmed by far too many strange websites that never seem to actually be cited but always relied upon as true) inappropriately skew expectations and cause undue burdens.

Speak with an attorney that understands the process and how family law operates and you will find a significantly better end result to your family law matter. If nothing else, you will be working with real facts rather than battling false beliefs.

If you are facing a divorce and are in need of legal representation, get in touch with our Rockland County firm today for a one-on-one consultation.