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June 2019 Archives

Answers to questions about common law marriage requirements

Since the 2015 Obergefell decision in the U.S. Supreme Court, same-sex couples in Texas have all the same rights pertaining to marriage and divorce that apply to heterosexual couples. At Laura Dale & Associates, we know that this can cause confusion as it relates to the beginning of a common law marriage as well as the possible end. In this article, we endeavor to answer the questions you may have to clear up any confusion. 

What is a Standard Possession Order?

If you and your spouse decide to seek a Texas divorce, one of the most important things you will have to do is devise a post-divorce parenting plan setting forth how the two of you intend to make sure that your children continue to have the benefits of a continuing relationship with both of you. Admittedly, it can be difficult to arrive at a plan with which you both agree and will commit to live by. But what you need to realize is that if you and your spouse fail to agree to a parenting plan of your own devising, Texas law will put one in place for you.

What constitutes separate property?

If you have recently filed for divorce in Texas, you may feel overwhelmed with the prospect of separating the marital property you have accumulated throughout your years of marriage. It can be difficult to part with property and possessions that you have held onto for so long. Yet, negotiating community property is part of the divorce process. In Texas, all community or marital property is divided equally in half, with each party getting 50%. However, not all property is considered community. There may be some items that can remain in your sole possession even after the divorce is finalized.

Accounting for all marital property in a divorce

Going through a divorce can be overwhelming, as there are a myriad of topics to negotiate in the divorce settlement. Separating marital property may be one of the most difficult issues to tackle when dealing with divorce. For some, it can be emotional having to part with property and assets that have been amassed throughout years of marriage. Understanding what marital property entails, however, may help the process run smoother and may help to ensure couples receive everything they are entitled to in the final divorce decree.

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Laura Dale & Associates, P.C.
1800 Saint James Pl.
Suite 620
Houston, TX 77056

Toll Free: 888-572-6059
Phone: 713-574-7952
Fax: 713-600-1718
Houston Office Location

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