Divorce can bring out many emotions, especially when the process becomes complicated by issues that require significant negotiation or legal intervention. While some couples may be able to resolve their differences amicably, others encounter major roadblocks. In Texas, some of the most contentious issues in any divorce include property division, debt division, child custody and visitation, child support, spousal maintenance, and relocation.
Although every divorce is different, certain issues are more likely to become more contentious than others. By examining where these pressure points often are, you can be better prepared to deal with them should they become relevant in your divorce.
Property Division
In Texas, community property laws dictate that all assets acquired during the marriage belong equally to both spouses. However, this doesn’t mean everything will be split 50-50 during a divorce. Judges aim for a "just and right" distribution, considering various factors such as each spouse’s earning potential, the length of the marriage, and whether either party wasted marital assets.
Property division can become highly contentious when significant assets are at stake. These include real estate, businesses, retirement accounts, and valuable personal property. Disagreements over what is considered community versus separate property—assets owned before the marriage or inherited during it—can lead to long and drawn-out disputes. Spouses may also clash over hidden assets or whether one person should receive a larger share due to contributions to the marriage or financial misconduct by the other.
Division of Debt
While the division of assets gets a lot of attention during divorce proceedings, dividing marital debts can also lead to significant disputes. In Texas, debts incurred during the marriage are typically treated as community property, meaning both spouses are responsible for repayment. However, determining who should be ultimately responsible for which debts can be complicated.
One common point of contention is whether the debt was incurred for the benefit of the marriage or for personal reasons. For example, if one spouse ran up credit card bills on non-essential purchases or took out loans for personal investments, the other may argue they shouldn’t be held responsible for those debts. Additionally, mortgages, car loans, and student loans can all become points of disagreement when determining how to split financial responsibilities after a divorce.
Child Custody & Visitation
Child custody is one of the most emotionally charged issues in any divorce, and Texas is no exception. The state prioritizes the best interests of the child, but what that looks like can differ significantly depending on the parents' perspectives. Texas law favors joint custody arrangements when possible, meaning both parents share decision-making responsibilities. However, the specifics of physical custody—who the child lives with and when—can lead to bitter disputes.
Parents often disagree on who should be the primary caregiver or how much visitation time each should receive. Factors such as work schedules, living situations, and the ability to meet the child's needs all play into custody decisions. Accusations of unfit parenting, relocation issues, or disagreements over a child’s upbringing can make these discussions even more difficult. In some cases, disputes over custody may require court intervention, further complicating the divorce process.
Child Support
Child support is another common source of tension in Texas divorces. The state has clear guidelines for calculating child support based on the paying parent’s income and the number of children involved. However, disagreements often arise over the amount of support required, especially if the non-custodial parent believes the amount ordered is unfair or unsustainable.
Parents may also argue over what expenses should be covered by child support, such as extracurricular activities, medical costs, and educational expenses. Additionally, if one parent has irregular income or works in a commission-based field, determining a consistent payment schedule can become challenging.
Relocation
When one parent wishes to relocate with their children after a divorce, it can lead to heated disputes. Relocation affects custody arrangements, visitation schedules, and the overall dynamic between the parents and their children. Whether for a job, a new relationship, or a desire to be closer to extended family, one parent may feel a strong need to move, while the other may worry about losing meaningful time with their children.
Texas courts will evaluate relocation requests based on the best interests of the child, considering factors such as the distance, the reasons for the move, and how it will impact the child’s relationship with both parents. However, these cases can be particularly challenging to resolve, as they often involve deeply personal desires and concerns about the future.
Spousal Maintenance (Alimony)
Texas is known for having relatively strict rules regarding spousal maintenance, often referred to as alimony. In many cases, it’s only awarded when one spouse lacks the means to support themselves or the marriage lasted 10 years or longer. Despite these limitations, spousal maintenance can still be a contentious issue.
One spouse may feel that they deserve more financial support due to their contributions to the marriage, especially if they gave up career opportunities to raise children. On the other hand, the paying spouse may argue that the receiving spouse is capable of finding employment and doesn’t need financial assistance. These debates often hinge on income disparities, the length of the marriage, and each spouse’s earning potential after the divorce.
Contact Us for Legal Assistance
Navigating the legal complexities of a divorce in Texas can be overwhelming, especially when faced with emotionally charged issues like property division, child custody, and support. Having experienced legal guidance can make a significant difference, ensuring that your rights are protected and that you achieve the best possible outcome.
Our divorce attorney at Kay Polk, Attorney at Law understands the challenges you’re facing and is here to provide compassionate, knowledgeable support every step of the way. Whether you’re just beginning the process or facing contentious disputes, we can provide the legal support you need during this time.
Contact us today to schedule a consultation and discuss how we can assist you in your divorce proceedings.
