Child Custody in Frisco
Conservatorship, possession, and the Frisco ISD calendar.
Community property is a presumption, not a coin flip
Texas presumes that everything either spouse holds at the end of the marriage is community property (Tex. Fam. Code § 3.002). Separate property — what you owned before the marriage, plus anything you received during it by gift or inheritance (Tex. Fam. Code § 3.001) — stays yours, but only if you can prove the character of it. That proof is a tracing problem, and tracing is documentary. The inheritance that sat in its own account is straightforward. The inheritance that went into the joint account and paid for four years of groceries is a fight.
The court then divides the community estate in a manner it deems just and right (Tex. Fam. Code § 7.001). Just and right is not a synonym for equal. Judges consider earning capacity, fault in the breakup, who has the children, health, education and the size of each spouse's separate estate. A 50/50 split is common because it is often defensible, not because it is required.
How This Plays Out in Practice
Conservatorship, possession, and the Frisco ISD calendar. The specifics turn on facts — the length of the marriage, what is in the estate, whether children are involved, and how much the two of you still agree on. What does not change is the framework: Texas courts apply the Family Code, and the outcome follows from how your facts meet it.
Lisa G. Garza handles these matters from the firm's Dallas and McKinney offices, for families throughout North Texas.
Questions
Is everything split 50/50 in a Texas divorce?
No. Texas Family Code § 7.001 directs the court to divide the community estate in a manner that is just and right, having due regard for the rights of each party and any children. Judges routinely award more than half to one spouse based on earning capacity, fault, health, custody of children, or the size of each spouse's separate estate.
What is the difference between community and separate property?
Separate property is what a spouse owned before marriage, plus anything acquired during marriage by gift, devise or descent (Texas Family Code § 3.001). Everything else acquired during the marriage is presumed community property (§ 3.002). The presumption favors community, so the spouse claiming separate property carries the burden of proving it — usually with records tracing the asset back to its source.
Can I file for divorce if my spouse does not agree?
Yes. Texas does not require both spouses to agree to the divorce. One spouse's assertion of insupportability is enough. A spouse who refuses to participate can slow the case down through service and discovery problems, but cannot prevent the divorce from being granted.
Do I have to go to court?
Usually far less than people expect. Most Texas divorces resolve at mediation, and many counties require mediation before granting a trial setting. In an agreed case the only courtroom appearance may be a short prove-up hearing, and some courts allow that to be handled by affidavit or remotely.