Georgetown Property Division Lawyer

Property Division Attorney in Georgetown, TX

There are many important elements to consider when you get divorced. If you have children, you need to determine child support and a parenting plan. You may have to pay your ex spousal support for the foreseeable future. One of the most vital factors is property division. Texas is a community property state, which generally means a 50/50 split. However, that may not always be the case. A Georgetown property division lawyer can assist you with your divorce.

The legal team at Heinrich Christian, PLLC, recognizes the struggle of a property division case. One of the hardest parts of a divorce is having to split up your life and start fresh with less than you had. Texas has fairly strict property division laws, but an experienced Georgetown property division attorney can navigate them. Our firm can devote 25 years of combined experience to your case, providing a better chance of succeeding in your divorce.

Factors That Affect Property Division in Texas

If you pursue a divorce in Georgetown, your case will be handled by the Williamson County District Court. Particularly, it will be either the 395th or 480th District Courts, depending on the details of your divorce. There will be a mandatory 60-day waiting period to finalize your divorce. Divorce is common in Texas. The state has a marriage rate of 49%, and a divorce rate of only 2.1 per 1,000 people, one of the lowest in the country.

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In most Texas divorce cases, the court enforces a community property separation. This means that all assets and debts that are accumulated during the marriage are split equally between both partners in a divorce. However, many important factors can change that split at a judge’s discretion. It’s important to be aware of these and document them extensively if they apply to your case. Here are some of the factors that can affect property division:

• Fault in the marriage. There are many potential grounds for divorce in Texas, with one of the most common ones being adultery. The spouse who was unfaithful can end up receiving much less in a settlement due to their documented actions. The same is true for spouses found guilty of cruelty or abandonment. If your spouse was at fault for your divorce, document everything to secure a larger settlement.
• Earning capacity. The court generally wants both spouses to emerge from their divorce financially secure and ready to live on their own. That can involve considering each spouse’s earning capacity and income. If there’s a significant difference in income, employment, and/or education, the court may split assets differently to make sure the lower-earning spouse gets more.
• Child custody. One of the most important elements that a court will always prioritize is the welfare of any children involved in the divorce. The parent with primary custody of minor children generally receives a larger share of marital assets during property division, including ownership of the family home. This is all for the benefit of the children. This won’t automatically happen, but it is a possibility.
• Separate property. Any property that was never jointly owned or owned by each spouse prior to the marriage is considered separate property. This property won’t be divided by the court unless it was commingled with community property at some point during the marriage. This applies to gifts given to only one spouse, inheritances, and personal injury settlements as well.
• Length of the marriage. The court tends to give more consideration to longer marriages over shorter ones. Longer marriages are more likely to result in an equal split of assets, while shorter marriages may result in each partner receiving only what they brought into the marriage. Sometimes, that could be nothing.

FAQs

What Are the 3 C’s of Divorce?

The three C’s of divorce are communication, cooperation, and compromise. Each of these principles is essential for making your divorce as smooth as possible. Depending on your partner’s willingness to work with you in an uncontested divorce, you might not use all of them. However, it’s important to communicate with your partner, cooperate with them instead of sabotaging them, and be open to compromise when necessary.

Is My Spouse Entitled to Half of My House If It’s in My Name in Texas?

Yes, your spouse is likely entitled to half of your house, even if it’s in your name in a Texas divorce. However, if your house was purchased before the marriage and your spouse never paid toward the mortgage, it will likely be considered separate property and won’t be touched during property division. Property division only applies to assets and debts accrued during the marriage. To prove that your house is separate property, you will need thorough documentation.

How Long Will My Divorce Take?

There’s no reliable way to know beforehand how long your divorce will take. Every divorce case is different, with each having its own unique factors that can influence its total cost and timeline. These factors include:

• Whether a divorce is contested or uncontested
• Any dispute over custody
• The caseload of the family court

Essentially, your divorce will take as long as it needs to before it can be finalized.

Should I Hire a Divorce Lawyer for Help?

Yes, you should hire a divorce lawyer for help. If your divorce is uncontested and your spouse is willing to work with you to finalize everything amicably, you may not need extensive legal help. However, if your divorce is contested and you are at risk of losing significant assets, you should hire a property division lawyer. They can guide you through your options and work to prevent a worst-case scenario.

Hire a Property Division Lawyer Today

Divorce is never easy. Even if yours is uncontested, you’re still ending a marriage that you may have thought was going to last forever. Separating your life from your spouse can be difficult, confusing, and emotional. It’s recommended that you retain experienced legal help for what can be a very trying time. At Heinrich Christian, PLLC, we can provide that assistance. Contact us to speak with a member of our team about what we can do for you.