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Answers to some common divorce questions, Part 1

Divorce is a complicated issue with many different problems and facets. This post will go over a few of the common questions. If you are considering a divorce, then you may have some of these issues.

"Can I get a premarital agreement?" Texas does allow prospective couples to sign a premarital or prenuptial agreement. The premarital agreement can do as much or as little as you like. It can prescribe a method by which you can divide all of your properties. Or the agreement can allocate only specific assets, such as a particular book or family heirloom.

"I've heard about collaborative divorce, does that mean we can still be friends?" Collaborative divorce is a euphemism for a particular type of divorce and legal strategy. It allows you to settle the divorce issues peacefully and your attorney, rather than vehemently representing your interests, is primarily concerned with reaching an amicable solution. But these divorce methods only work if both spouses are committed to the peaceful winding up of the marriage. It cannot be forced on you.

"Is my spouse entitled to half of the assets?" Many people falsely believe that everyone gets an even split in the divorce. Texas courts are not bound to give everyone 50/50 in the divorce. The judge is only obliged to do what is "just and right." That means they can divide the assets 60/40 or even 70/30, depending on the circumstances.

Are you considering a divorce? If you are, you may want to consult with a family law attorney. These questions and issues are just the tip of the iceberg for a divorce. There are a multitude of concerns depending on if you have retirement accounts, pensions, children, property, and if you were in the military. An attorney can go over all of the issues with you to ensure that you are ready.

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