What is a wife entitled to in a divorce in texas?

In a Texas divorce, the law operates under the principle of community property. This means that any assets or debts acquired during the marriage, from the date of marriage to the date of separation, are owned equally by both spouses, regardless of whose name is on the title. Separate property, which includes assets owned before the marriage, or received during the marriage as a gift or inheritance, is not subject to division.

Here's a breakdown of what a wife is typically entitled to in a Texas divorce:

• Division of Community Property: Texas is a community property state, so the community estate is divided in a just and fair manner, which is usually interpreted as an equal 50/50 split. This includes assets such as bank accounts, retirement funds, real estate, vehicles, and personal property. The court can consider factors like fault in the breakup of the marriage when determining what is just and fair, but unequal division is rare. (Learn about Division of%20Community%20Property)

• Spousal Maintenance (Alimony): In Texas, spousal maintenance (often referred to as alimony) is not automatically awarded. It is only granted if the spouse seeking support can prove certain criteria, such as the other spouse was convicted of family violence, or that they cannot support themselves through employment due to disability, taking care of a disabled child, or being married for at least 10 years and lacking the ability to earn sufficient income. The amount and duration of spousal maintenance are also limited by law. (Learn about Spousal%20Maintenance)

• Child Support: If there are children of the marriage, the wife may be entitled to child support if she is awarded primary custody. Child support is calculated based on the obligor's (usually the non-custodial parent) net monthly income and the number of children. (Learn about Child%20Support)

• Custody and Visitation: The court determines child custody and visitation schedules based on the best interests of the child. While there is no presumption favoring either parent, the court will consider various factors such as the child's wishes (if of sufficient age and maturity), the parents' ability to provide a stable and safe environment, and the parents' past conduct. (Learn about Child%20Custody)

• Attorney's Fees: In some cases, the court may order one spouse to pay the other spouse's attorney's fees, especially if there is a significant disparity in income or if one party has acted in bad faith during the divorce proceedings. (Learn about Attorney's%20Fees)