Divorce can go one of two ways: it can be smooth and amicable, with both parties agreeing to a fair resolution, or it may involve a lengthy legal fight. No matter how your divorce plays out, one thing is certain – it is a challenging process, often accompanied by a roller coaster of emotions and uncertainties.
If you’re a wife contemplating or going through a divorce in Texas, some laws outline various rights and entitlements available to you (as well as your spouse) to ensure fairness and protection throughout the divorce process.
In this blog, the experienced divorce lawyers at C.E. Borman in Bryan Texas offer a comprehensive guide to help you understand your rights as a wife in a Texas divorce.
Beyond the protections you have by law, the team also breaks down the value behind having an experienced divorce lawyer on your side to provide you with legal guidance that will allow you to navigate the complex legal processes of divorce with confidence.
What is a Community Property State, and How Does it Affect Divorces in Texas?
Texas is one of nine states that operate under community property laws, meaning that property, assets, and debts acquired during the marriage are generally considered community property and owned equally by both spouses.
However, Texas is unique, because it doesn’t necessarily require a 50/50 split of community property. The Texas Family Code declares that the estate will be divided in a way that is “just and right” for each party and any children they may have.
When deciding on how to divide marital assets and debts, the courts will consider various factors, which can include:
- How long the marriage was
- The age and overall health of each spouse
- Financial contributions and earning capacity of each spouse
- Child custody and the children’s needs
Am I Guaranteed Spousal Support/Alimony in My Bryan, Texas Divorce?
In Texas, spousal support, also known as alimony, is not guaranteed in every divorce case. Keeping with the theme of how property and assets are divided in Texas divorces, alimony may be granted by the courts if they feel it’s required to make the divorce equitable.
However, as a wife, you have the right to request spousal support if you meet certain criteria. Factors such as the duration of the marriage, each spouse’s earning capacity, financial needs, and any potential disabilities are taken into consideration when determining how much spousal support will be awarded, and for how long.
How is Child Custody and Support Decided in Brazos County?
If you and your spouse have children, decisions regarding child custody and support are paramount. Texas courts prioritize the best interests of the child when determining custody arrangements.
As a wife, you have the right to advocate for custody arrangements that are in the best interests of your children, considering factors such as their relationship with each parent, their age, and their emotional and physical needs.
Our lawyers’ priority is also what’s best for your children, and we are dedicated to protecting you and your children, your rights, and fighting for a solution that results in the best outcome for everyone involved.
Will My Health Insurance Coverage Be Affected During My Texas Divorce?
During divorce proceedings, health insurance coverage can become a significant concern, especially if one spouse is dependent on the other’s health insurance.
If you were covered by a policy through your spouse’s employer-sponsored plan before the divorce began, you will typically continue to be covered while the divorce is ongoing. It’s generally not until after the divorce has been finalized that changes can be made.
As a wife, you have the right to seek continued health insurance coverage for yourself and your children, either through your spouse’s employer-sponsored plan or through other options such as COBRA coverage.
Divorce Attorneys in Bryan, Texas
Divorce is tough, but our team of divorce lawyers at C.E. Borman is tougher. We are here to help you understand your rights as a wife in a Texas divorce and will advocate for you. We’ll start by listening to your story and concerns, and then, provide clarity and support and help you navigate through the rocky terrain of divorce.
Whether related to the division of assets, spousal support, child custody arrangements, or protection from domestic violence, knowing your rights allows you to navigate the divorce process with confidence and authority. If you’re considering or going through a divorce in Texas, contact our team of experienced attorneys to safeguard your rights and have an advocate on your side, fighting tooth and nail for a favorable resolution.
We’ll make it out on the other side – together.
