There is a somewhat common misconception that in all Texas divorce cases community property will be divided between the spouses equally, or “50/50.” However, the legal standard for dividing community property in Texas is not 50/50.
In the Lone Star State, the community property law implies that assets, including businesses acquired during the marriage, are deemed as 'community property' and are thus subject to division upon divorce. This even includes the appreciation in business value during the marriage period.
A partition agreement does not have to be approved by the court as just and right. In addition to being in writing and signed by both parties, a partition agreement must either specifically reference “partition” or show the parties' intent to convert the property from community property to separate property.
Where To File For Divorce In Dallas County? Address: George L. Allen, Sr. Courts Building, 600 Commerce Street, Dallas, TX 75202. Phone: (214) 653-7301. Website: Dallas County District Clerk.
In a pro se divorce, you can download Texas divorce forms online or get them from the District Clerk's office, complete them on your own, and have an attorney review them before filing them.
In Texas, there is no presumption that each party owns separate property. However, spouses do have equal ownership rights to their respective properties.
Yes, you have a constitutional right to represent yourself in any court proceeding (in most cases). Whether it's a good idea is another question altogether.
The District Clerk strongly urges you to retain an attorney to handle your divorce. However, state law does permit you to represent yourself. If you choose to do so and file your own divorce petition, any mistakes you make filing your case and pursuing it in the courts may result in a dismissal and additional fees.
Steps for Securing an Uncontested Divorce in Texas Without a Lawyer Step 1: Meet the Texas Residency Requirements. Step 2: File Your Original Petition for Divorce. Step 3: Have Your Spouse Waive Service or File an Answer. Step 4: Complete the Final Decree of Divorce Form. Step 5: Wait 60 Days. Step 6: Go to Court.