Divorce Law in Texas
Originally, Texas was established as a Spanish land-grant state. Included within the scope of property
ownership, community property interests between husbands and wives were incorporated into state traditions.
Derived from Spain, divorce law in Texas considers each spouse to own an equal interest in all property of the
marital estate. This concept is quite different when compared to common law states which were based on English
judicial procedures. For the most part, Southwestern and Pacific states follow community property doctrines
while the majority of states follow common law doctrines. Louisiana stands out as the sole exception,
established in the civil law tradition which relies upon the Napoleonic Code.
Application of divorce law in Texas
Courts, through judges and staff, adjudicate disputed issues of divorce law in Texas. All cases must be filed
with an appropriate court. Most cases are resolved by agreement, with court review and respect given to the
agreement of the parties involved. Whether truly uncontested, or eventually settled through compromise
agreements, trials are a relatively rare occurrence on a percentage basis. Trials enforcing divorce law in Texas are nevertheless a daily
reality because of the volume of cases filed.
The application of divorce law in Texas is subject to interpretation. In the best case, reasonable minds
differ on intent and meaning provided by divorce law in Texas. Knowing all possible circumstances can not be included within
the divorce law in Texas for each individual, attorneys necessarily advocate each client's best interest in the most favorable light. Exceptions -
Distinctions - Interpretation - Local Politics - all play roles in the application of divorce law in Texas.
Fairness is relative. Justice is a point of view.
Special issues relating to divorce law in Texas:
- For common law divorce, Texas does not follow common law doctrines of mandatory alimony after issuing
a decree. Common law marriage states typically require alimony rather than divide property ownership.
- For common law marriage in Texas, public representations over a period of time may be used to impute a
marital relationship.
- To alter common divorce law, Texas recognizes pre-nuptial agreements.
|
