While it might not be the most romantic scenario, a third party is involved in every marriage in the state of Texas. That third wheel is the government of the Longhorn State. Just as every state in the union has its own laws governing marriages that occur within its boundaries, every state also has its own laws controlling divorces. And, while there is generally nothing simple about divorce, there are some basics that all cases filed under Texas law share in common.
Among them is that Texas law permits the granting of a no-fault divorce based on the parties' claim their relationship is irretrievably broken. A court can also award one party a divorce based on fault if they prove a ground, or reason, for the marital termination provided under state law (http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.6.htm). Those grounds include cruelty, adultery, living separate from a spouse for at least three years and abandonment.
When it comes to distributing marital assets in a divorce, Texas is a community property state (http://www.fairmark.com/spousal/comprop.htm). That means both parties are deemed to own all assets, income and debts evenly, so each is awarded to half the couple's marital assets, income and debt.
Contact Pfister Borserine & Associates
At Pfister Borserine & Associates, we have protected the rights of people across north Texas for more than 20 years. Board-certified in family law by the Texas Board of Legal Specialization, attorney John J. Pfister, Jr. understands that every case is different and will take the time to learn the details of your situation. We will then carefully craft an individualized approach to help you get the outcome you want.
For an appointment with an experienced divorce lawyer who can help you understand the rights of same-sex couples in Texas, contact our office by e-mail or call us at 972-712-6700.