Houston Business and Family Law Blog

If you are among the many people across Texas who are heading toward divorce, you probably have a lot on your plate. Even the least-acrimonious divorces can prove difficult, time-consuming and emotionally taxing, but divorce can prove to be even more so if you are the only person in your marriage who wants it. So, what can you do if you served your spouse with divorce papers, but he or she refuses to acknowledge or sign them?

Per Livestrong.com, a divorce that only one of the two parties in a marriage wants becomes a “contested divorce.” While contested divorces can prove troublesome, requiring you to jump over some additional legal hurdles, the good news is that your spouse’s desire, alone, is not enough to keep your marriage together. If your spouse refuses to sign your divorce papers, one of the first steps you should take is to find out why. Is there something you can do, or something you can agree to, that might make your husband or wife more likely to sign your divorce papers?

Although Texas is a community property state, not all property and assets are eligible for division in a divorce. It is important that couples who are filing for divorce understand the difference between separate and martial property in order to ensure they get everything they are entitled to in the divorce settlement.

Separate property involved property and assets that belonged to either party before the marriage occurred. For example, spouses who have their name on a property title prior to getting married and keeps their name on that title may not have to divide it during the divorce process. If, however, they update the title and add the other spouses’ name on it, the property then becomes marital and is eligible for division. The same goes for assets, inheritance and gifts given to either spouse by a third-party. As long as the property and assets stay separate, they may remain with the original owner.

If you count yourself among the many people across Texas who believe a divorce is imminent, you may find yourself consumed with emotions and a need to make some major decisions. Given how emotional the divorce process can be, you may find yourself struggling with everything it entails. However, taking several key steps now with regard to your finances can streamline the process and help you get back on your feet sooner. At Laura Dale & Associates, P.C., we understand how preparing financially for your divorce can help you in the long run, and we have helped many state residents get their finances in order and receive their fair share during divorce proceedings.

Per Nerdwallet, one of the most important steps you can take to financially prepare for your divorce involves gathering comprehensive documentation about your income and expenses, which might include pay stubs, tax returns, bank statements and so on. In addition to helping your attorney determine whether to pursue spousal support, child support and the like, recognizing what and where your expenditures are can help you create and keep a budget as you navigate the divorce process.

If you live in Texas and your marriage is nearing its end, you may have concerns about how you are going to provide for yourself once your divorce finalizes. Maybe you have been out of the workforce for quite some time so that you could raise a family, or perhaps you sacrificed your own career growth so that your spouse could pursue his or her professional dreams. Regardless, you may have questions about whether you will be eligible for spousal support or maintenance, and if so, for how long.

According to the Texas State Legislature, you may, depending on certain circumstances, be able to obtain temporary spousal support while your divorce proceedings are ongoing. You may also be able to obtain spousal maintenance after the divorce, but your situation must first meet certain criteria. To start, you have to demonstrate your inability to be able to support yourself financially on your own. Next, you must demonstrate that your situation meets one of two circumstances.