Divorce is a frightening prospect for many Texas couples. In addition to the challenging and painful emotions that emerge, many who face divorce are also facing an uncertain future. It can be helpful to have a good understanding of what divorce is meant to accomplish and keep reasonable expectations of what will happen.
When considering the consequences of a separation, it is important to understand divorce as primarily a legal process. A divorce is not meant to resolve the underlying emotional issues or enforce respectful contact and relations between the spouses. Most divorce proceedings can be simplified to three primary areas: property division, alimony or support and child custody or visitation.
Property division is one area where couples tend to have unrealistic expectations or misconceptions of the law. The general goal of property division is to provide a fair and equitable split of the assets the couple acquired during marriage. This means that certain property a spouse kept separate may not be subject to division. It also means that property division may not be exactly equal. Each spouse should consider what is most important to them. For example, an ex may want the family home more than a business or financial assets. This spouse may agree to surrender their share of the financial assets in exchange for keeping the entire house.
Coming to a mutual agreement about property division can make a divorce much easier. The court tends to give spouses more leeway if they avoid litigation. For instance, if the couple in the aforementioned example work out their own agreement, then the house could remain with one of them. If they cannot agree, then it is likely they will have to sell the house and split the proceeds. A person may be able to work with their attorney on reaching an agreement about complicated divorce aspects like property division.