Depending on where you reside, the terms of your divorce proceedings can differ. The area that most commonly changes depending on which state you are in is the property division process. There are two different manners in which property is divided: community property division or equitable property division. Texas is a community division state, meaning any property that you obtain after you say “I do” is considered both spouses’ property. It is important to understand what is considered yours, theirs, and ours if you are considering filing for divorce in Texas.

Community Property vs. Equitable Division

Texas is one of the nine states in the U.S. that follows community property division laws. Some see this as a benefit for divorcing couples while others may think they are entitled to more of their assets based on their earning capacity and what they have brought into the marriage. In community property division states, all property obtained throughout the marriage is considered the property of both spouses and a judge will cut the property in half during the divorce proceedings. This can be beneficial to the spouse who is lower-earning and did not have as heavy of a hand in earning the couple’s savings or accruing their various properties, but the other spouse may see this arrangement as unfair.

Unlike community property states, equitable division of property requires a more hands-on approach from judges who are involved in the divorce proceedings. This type of property division focuses more on dividing things based on “fairness” than evenness. These judges will look at the other details of their marriage, such as each spouse’s earning capacity or role in the marriage, before dividing things between them. Some view equitable division as unfair since things are done equitably, not equally.

Paternity is the legal term for fatherhood. This lawfully designates a person as the child’s father, which can provide the mother, father, and child with many benefits. Not only does everyone involved get peace of mind and full knowledge on the matter, but the child and father each acquire their own set of legal advantages. The child can receive child support, inheritance, medical and life insurance benefits, social security benefits, and veterans’ benefits when applicable. Fathers receive legal rights to be involved in the child's life and the opportunity to build a relationship with them that they may not have had otherwise. Establishing paternity is crucial, and it is important to understand how to do so in your unique situation.

Presumed Paternity

This is the most common way to establish paternity. In some situations, the father of the child is presumed based on the parents’ circumstances. There are four situations that warrant this assumption:

As in every state, domestic abuse is a crime to which many Texans become victims. According to the National Partner and Sexual Violence Survey, more than one in three women and more than one in four men have been victims of rape, physical violence, and/or stalking by a partner in their lifetimes. Although 85 percent of domestic violence victims are women, men do not escape this type of violence. It is important to know the types of abuse and the options available to those victims looking for help.

Types of Abuse

When people think of abuse, they often imagine physical altercations. While this is common, there are many other forms of abuse, aside from physical harm, that individuals endure from their loved ones.

The divorce process is filled with its fair share of trials and tribulations. You first must come to the decision that divorce is you and your spouse’s best option, followed by hiring an experienced divorce attorney to represent you. Finally, you will have to make difficult decisions about your future.

When children are involved, emotions often complicate matters. Not only will your parenting arrangements change, but you will also be subject to receiving or paying child support. Many parents find the co-parenting adjustment to be the most difficult part of divorce as it differs significantly from what they have done since their child was born. Understanding how child custody, or conservatorship, works in Texas is important for preparing yourself for the custody determination process.

Deciding to adopt a child is life-changing for both you and your future child. Your family grows in size, and you can learn from your new child’s background and life experiences. Many adoptive parents already have an “adoption plan” in their head when they decide to take this journey. They may have an idea of the preferred gender, race, or birth location of their new family member. However, it is still important to research the different types of adoption before deciding which one is best for you. In some cases, finances and convenience take priority, while in others, adopting from a particular culture may play a bigger role. Regardless, future parents should put their preconceived notions aside and explore every avenue available to them before committing to one type of adoption over another.

The Different Types of Adoption

Various types of adoption are available to those who wish to expand their family in this manner. Many people have a general understanding of the different types of adoption, but some may not recognize the different benefits that come with each one.