Professor Richard M. Alderman, Associate Dean at the University of
Houston Law Center, who is known to many as "The People's Lawyer", answers your most common questions. If you have a question pertaining to the law in Texas, please e-mail Richard at peopleslawyer@www.law.uh.edu. This page answers your questions on Divorce
|
Banking Bankruptcy Contracts Credit Cards Debt Collection |
Employee Rights Fraud Liens Loans Medical Leave |
Miscellaneous Property Rights Taxes Wage Garnishment Wills/Probate etc. |
A. At the time of your divorce the court will divide your property according to the law. Basically, you get to keep your separate property, things you owned before you were married, and she gets to keep her separate property. The remainder of what you own is probably community property. Most of what you acquired after you were married is classified as community property.
When you divorce, the court will divide the community property in a manner it thinks is fair. Usually, it is divided in half. The fact that the property is in your name or your wife's usually does not matter to this process.
Q. I have been living under the same roof with a guy for four years. We are not married. I have been told we are common law married and will have to get a divorce if we split up. Is this true?
A. Without more information it is impossible to tell if you have a common law marriage. Simply living together, no matter how long, is not enough to establish a common law marriage.
To have a common law marriage you must agree to be married, live together, and hold yourselves out as married. If you have made it clear to everyone that you are not married, you probably do not have a common law marriage.
Q. I am separated from my husband, and I am going to get divorced. My husband has moved out and refuses to give me any money. Is there any way I can get my husband to support my children and me?
A.Yes. Under the law, a court can order your husband to pay for your support and the support of your children pending the divorce.
I suggest you immediately speak with a divorce attorney. He or she will explain exactly what is involved in obtaining support and proceeding with your divorce.
Q. I married less than one year ago. My husband now wants a divorce. I am concerned because he says that he can get a share of the property I owned before we were married. Is he correct?
A. Probably not. In Texas there are basically two kinds of property, community property and separate property. Community property is most of what you acquire while you are married. It is considered to be jointly owned and is generally divided at the time of divorce.
Separate property is considered to be owned by just one spouse. In most cases, separate property is not divided in a divorce.
Property you owned before you married is considered separate property. It is unlikely that your husband would receive any share of your separate property. I suggest, however, that you discuss this more fully with your attorney.
Q. How soon after I am divorced can I remarry?
A. You may remarry in 30 days. In special circumstances a court may even waive the 30 day wait and permit you to marry earlier.
Q. My husband and I want to be divorced. We own a little property and have one child. We agree on how we want everything to be divided and who will get custody. We bought a book to do our own divorce, and it says we shouldn't use it if we have children. Do you agree? What is the least expensive way to do this?
A. I agree with the book. Although there is no legal prohibition against doing your own divorce when there is a child, it is not a good idea.
Because there is a child involved, you want to make sure that everything you do is done properly and that you have taken all contingencies into consideration. You should have an attorney assist you to insure that you do not make an error that could be very costly to you or your child in the future.
Having said this, a divorce, even with a child, does not have to cost a small fortune. If you and your husband agree on terms, it should not be a complicated matter. I suggest you shop around and speak with several attorneys who handle a divorce and ask them what they charge. My guess is that you will be able to find one to help you for a fee you can afford.
Q. I am getting divorced. My spouse and I own a house which is community property. We both want the house. How will the court determine who gets it?
A. If there are children, the house will probably go to the spouse who receives custody of the children. If there are no children, it is likely the court will either order the house sold, and the proceeds split, or require that one spouse offer to buy out the other's interest.
The best way to insure that one of you keep the house is to work out an arrangement between you regarding how your community property is divided.
Q. Is it legal to just start using my maiden name after a divorce? I was divorced over a year ago, and now I have decided that I want to start using my maiden name again. Can I just do it?
A. Nike’s instructions not withstanding, you can not "just do it."
Under the law in Texas, a woman must legally change her name if she wishes to use her maiden name after a divorce. This is usually done as part of the divorce proceeding. In your case, however, it will be necessary to file a separate pleading to legally change your name.
I suggest you either contact some attorneys to see what they will charge for a name change, or file the petition yourself. If you want to do it yourself, you should check with your local bookstore or law library to see if you can find the proper forms.
If you use an attorney, shop around for the best price. This is a routine legal service that should not be very expensive. A few phone calls may save you a lot of money.