In Texas, a commonly held belief is that a family law court will divide assets and debts on a “50/50” basis in a divorce. As a Plano Divorce Attorney, I frequently hear people say–quite confidently–that they are entitled to half of everything. Nothing could be further from the truth. The Texas Family Code states a general rule for property division which is deceptively simple, and very vague at the same time. Section 7.001 simply says that “the court shall order a division of the estate of the parties in a manner that the court deems just and right…”
You will notice that Section 7.001 provides not percentages, and no guiding principles for a court to follow except to do what is “just and right.” As a result, the conduct of the parties becomes very important in a divorce. That includes all conduct before the divorce is filed, and while the case is pending. Many divorces begin with one spouse “winning,” but bad conduct during the case can turn the tables quite rapidly. Having an experienced Plano divorce attorney by your side can make the difference between being on right side of “just and right,” and the wrong side.