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Thread: divorce laws in texas

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    divorce laws in texas

    any one know where i can find the laws in texas about a divorce in texas. i have a friend that thinks that his wife can not get any of his money in his 401. i told him that if they are married for 10 years she gets half of what is in it . i did a search but nothing good came up.

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    She is entitled to half of anything gained during the marriage. If he had 100k before they got married in his 410k and has added another 100k, she is only entitled to half of the sencond 100K.

    Of course, they really need to do a spread sheet of all their assest and debts aquired during the marriage and split them up equally. She doesn't have to get any of the 401k, instead of taking 50K of 401k value, he could give her 50k worth of equity in the house.

    Tell your friend that you don't get a divorce, you plan a divorce. If he petitions for divorce 1st, he will have more control of the proceedings.

    http://www.dadsdivorce.com/index.php...t/article/330/

    It's cheaper to keep her.

    Do you know why a divorce cost so much? Because they are worth it

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    Just chuck is spot on with the information. Texas is a community property state where everything acquired during the marriage is divided equally.

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    Quote Originally Posted by faststang90 View Post
    any one know where i can find the laws in texas about a divorce in texas. i have a friend that thinks that his wife can not get any of his money in his 401. i told him that if they are married for 10 years she gets half of what is in it . i did a search but nothing good came up.
    Just Chuck and texasoutlaw are correct in saying that Texas is a Community Property state. However, the rest of what has been said is off base. She is not entitled to "half" of the community property, and community property is not automatically divided equally. In Texas, the division of community property is subject to a "just and right division by the court." What this means is that based on a number of different factors and circumstances, a judge can divide the community property in a manner that it sees as fair, which may, in fact, be an unequal division (i.e. 60/40, 75/25, or even 100% and anything in between in favor of either spouse). Now, what Just Chuck said about agreeing to split property a certain way, is essentially true. Parties can AGREE to split community property in certain ways, but they must both AGREE to it, and it also gets slightly more complex. That's a VERY short and over-simplified explanation, as it gets much more complicated than that.

    As far as his retirement plan goes, that is determined by some statutes and case law that applies a particular mathematical formula depending on what type of retirement plan it is (i.e. defined benefit plan or defined contribution plan). There is no 10 year requirement...it's based off of the number of years they are married and he works that particular job, etc.

    But to answer your question, the laws that govern divorce in Texas can be found in the Texas Family Code, the Texas Constitution and case law. (Particularly Art. 16 Sec. 15 of the Texas Constitution defines Separate Property, and the Family Code Provisions enacted by the Legislature developed from there)

    I'm a law student at South Texas College of Law, and will be taking my final exam for my Texas Marital Property course in just a couple weeks. So I do know what I'm talking about, however I cannot give legal advice since I am still a student. Which is why I only gave quick explanations of some basic information simply to correct some falsities. But if he is going through a divorce, he should certainly seek GOOD legal counsel that specializes in this particular area of law, especially if there are significant assets and property that need to be divided.
    Last edited by 90LXstang5.0; 11-21-2010 at 04:50 PM.
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    Almost forgot...

    Also noticed that Just Chuck posted that link to a website about divorce...I scanned through it really quickly, and most of the information appeared to be correct. HOWEVER, it is very basic and only scratches the surface of the issues that it discusses. Additionally, some of the language that it uses in its descriptions is statutory and/or legal language, which can have different meanings than the same words in lay terms. So be very careful what you read or get off of the internet because it can either a) be incorrect information, or b) be misunderstood by someone not familiar with legal lingo. Hense the reason he should get legal counsel that specializes in this area of law.

    Representing yourself in a legal proceeding is very seldom a good idea...even for attorneys. Ever heard the old saying, "The attorney who represents himself has a fool for a client?"
    Last edited by 90LXstang5.0; 11-21-2010 at 04:50 PM.
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    90lxstang- south Texas college of law? My cousin just graduated from there. Do you know Larry McDougal Jr.?

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    Dont get a divorce. Just find a way to "off" her. Its cheaper, if done correctly.

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    I always find post like this HILARIOUS!!!
    Marriage simply DOES NOT WORK .... EVER!
    How many people on here are married and miserable (wishing they were single) or are already divorced ... Some married and divorced more than once (guess they didn't get enough pain/expense the first go round).
    I wish your friend luck BUT despite what the laws "may or may not" state your friend (if he's the Male in the marriage) is going to get forked HARD like a new piece of arse in prison.
    Marriage generally only benefits the woman ... Divorce removes only from that sentence.
    Mr. M. M. Alexander <br />Fast, Cheap, Reliable..........You Can Only Choose 2

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    Quote Originally Posted by klmracing View Post
    90lxstang- south Texas college of law? My cousin just graduated from there. Do you know Larry McDougal Jr.?
    No, I don't know your cousin...if he just graduated this past May (or anytime before that), there would have been no chance for us to have a class together. I'm in my 2nd year, and during your first year the school requires specific "first year" courses, and essentially dictates your entire schedule....think elementary school all over again (same group of kids/students makes up your class, and you all have the same schedule/move from classroom to classroom together). So this semester was the first time I had the opportunity to pick my own classes and schedule. But that's great...make sure you tell him congratulations...it's a lot of hard work.

    Quote Originally Posted by M. M. Alexander View Post
    I always find post like this HILARIOUS!!!
    Marriage simply DOES NOT WORK .... EVER!
    How many people on here are married and miserable (wishing they were single) or are already divorced ... Some married and divorced more than once (guess they didn't get enough pain/expense the first go round).
    I wish your friend luck BUT despite what the laws "may or may not" state your friend (if he's the Male in the marriage) is going to get forked HARD like a new piece of arse in prison.
    Marriage generally only benefits the woman ... Divorce removes only from that sentence.
    You know...that's just a flat out cynical remark, that was probably not needed. Most likely spoken by someone with an exceptionally bad experience that was probably fairly recent...just a guess. I will note however, that no divorce is ever really "good." If things weren't bad they wouldn't end. However, I know plenty of people that are happily married (including many that have endured for 25-50+ years). However, I also know people that have been married and divorced multiple times before the age of 30. What it all boils down to is marrying the RIGHT person, which many people these days fail to do for one reason or another (part of it being the attitude of "well if it doesn't work out I'll just get a divorce"). For someone on the brink of, or going through a divorce, comments like yours are the last thing they need to hear because it's irrational and merely compounds the stress of an already negative situation.

    Moreover, your comment demonstrates a lack of knowledge for the law in Texas, and also some apparent bias. The current laws pertaining to divorce and related issues are gender neutral. The laws are there to protect the interests of both spouses. Despite what you may think, divorce/marital property laws in Texas are actually very fair and more favorable in most instances compared to other states. Especially for the monied spouse. Your comment demonstrates the bias and preconceived notion that the man is the "bread winner" and the woman is staying at home with the kids and is getting the benefit of all of her husband's hard work, which is rarely the case. When people get "screwed over" (as many would call it), it's because either a) that person was a bad actor in some way, b) that person did not have GOOD legal counsel, or c) all of the above. So there's really no "screwing over" as a matter of law...it happens because of factual circumstances, hense the "just and right" division of property that I mentioned in my previous post.

    BUT, everyone is entitled to their own opinion.
    Last edited by 90LXstang5.0; 11-23-2010 at 12:03 AM.
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    Quote Originally Posted by 90LXstang5.0 View Post
    You know...that's just a flat out cynical remark, that was probably not needed. Most likely spoken by someone with an exceptionally bad experience that was probably fairly recent...just a guess.
    Cynical ... your opinion. Bad experience ... Nope, don't get my self caught up with bitches_N_hoes long enough to create that issue (bump n dump works just fine for me) ... Never married in my 41 years and from what I've seen others go through (countless times) I'll pass on that this life time. You shouldn't make un-informed assumptions (guesses).

    I will note however, that no divorce is ever really "good." If things weren't bad they wouldn't end.
    Bullshit, I have a partner that played Pro ball (NFL) and that useless broad he married came out like sissy with a bag full of pricks, following the divorce. Maybe his case was an exception to the rule.

    However, I know plenty of people that are happily married (including many that have endured for 25-50+ years).
    I don't ... so does that make me wrong in my assertion that marriage is never a good idea? Again, it's my opinion based on who I know and what I've seen over the years.

    However, I also know people that have been married and divorced multiple times before the age of 30. What it all boils down to is marrying the RIGHT person, which many people these days fail to do for one reason or another (part of it being the attitude of "well if it doesn't work out I'll just get a divorce"). For someone on the brink of, or going through a divorce, comments like yours are the last thing they need to hear because it's irrational and merely compounds the stress of an already negative situation.
    I personally don't believe their is a right person to commit to for the bulk of your adult life. No one is the same today as they were in the past. Nor will they be the same in the future. Only constant in life is change.
    I could not give less of a fork what "stress" some unknown or known screen name across bandwidth is going through! Hell, everyone has issues/problems/transgressions/setbacks ... It's part of the human experience.

    Moreover, your comment demonstrates a lack of knowledge for the law in Texas, and also some apparent bias. The current laws pertaining to divorce and related issues are gender neutral. The laws are there to protect the interests of both spouses. Despite what you may think, divorce/marital property laws in Texas are actually very fair and more favorable in most instances compared to other states. Especially for the monied spouse. Your comment demonstrates the bias and preconceived notion that the man is the "bread winner" and the woman is staying at home with the kids and is getting the benefit of all of her husband's hard work, which is rarely the case. When people get "screwed over" (as many would call it), it's because either a) that person was a bad actor in some way, b) that person did not have GOOD legal counsel, or c) all of the above. So there's really no "screwing over" as a matter of law...it happens because of factual circumstances, hense the "just and right" division of property that I mentioned in my previous post.
    Activist Judges render all you just typed a moot point. I base that on knowing quite a few MALES that got raped with dry wood and they were very well represented.
    Also, look over the graduates of your school from Fall of 2009. Krishwanda Brown ... She just married my Brother last month ... She's specializing in Family Law ... Her take on why "It's easy to represent women in divorce. Show up, show out get paid" But I guess her opinion on it (Texas Family Court) is biased or from a lack of understanding the Law 9I mean she's only a GRADUATE of the school you're still attending.)

    BUT, everyone is entitled to their own opinion.[/QUOTE]
    Mr. M. M. Alexander <br />Fast, Cheap, Reliable..........You Can Only Choose 2

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