Families often spend years, even decades, in the same house. Wonderful life-long memories are made in homes, and so it is understandable that if a couple decides to get divorced, it can be very difficult to decide what to do with the family home. However, because marital assets must be divided in a Texas divorce, the value of the home needs to be allocated between spouses - even if one spouse ends up deciding to keep the home. If you are wondering whether you want to keep your home in your divorce, read on and then meet with a Texas divorce attorney to examine your options. 

What to Consider When Thinking About Divorce and the Family Home 

Every divorce is different, so the answer to the question of whether you should keep the family home is not cut and dried. Many factors will go into the planning and execution of how marital assets are divided. 

Before you begin to approach the question of the home’s eventual ownership, you first need to think about your overall financial situation and what you hope to get out of the divorce. Think carefully about your long-term financial well-being, especially if you are at or near retirement age. Often, much of a couple’s net worth is tied up in their home. If you were to negotiate full ownership of your home in exchange for retirement benefits, cash savings, or other assets, you may find that while you own the house, you may not own much else. 

Deciding whether or not to get a divorce can be one of the most challenging decisions a person ever has to make. It is common for people considering divorce to go back and forth, sometimes wanting to separate, and other times wanting very much to keep their family together. Considering that divorce has the potential to have negative consequences for both spouses and children, it is not a decision to take lightly; and yet, at some point, the decision must be made. 

If you have been thinking about divorce and are wondering whether your reasons are “good enough,” it may be helpful to read what psychological experts say are rational reasons for divorce. Of course, no matter what the experts or anyone else says, your own judgment and intuition should guide you in this important decision before anything else. To learn about common reasons for divorce, read this blog and then contact a Texas divorce attorney to find out more about the divorce process, including issues regarding child support, alimony, custody, and property division. 

Physical Abuse

While this one may seem fairly obvious to people who are not involved in physically abusive relationships, spouses of physically abusive partners often find it difficult to leave–and for good reason. Rarely is a person all good or all bad; a person who sometimes loses their temper and throws things or hits their spouse may manipulate their partner into believing they have redeeming qualities. However, for your own safety and that of your children, experts recommend leaving a relationship where physical abuse is present. 

When both parties of a married couple agree that getting a divorce is the best thing for them, they may be interested in working together to pursue the most peaceful resolution possible. Often, this means getting an uncontested divorce, or a divorce in which all applicable issues have been resolved before filing a divorce petition and going to court. While an uncontested divorce is not available to every couple, it can be a great way to go your separate ways while keeping the peace. If you and your spouse think you may be interested in pursuing an uncontested divorce, read on to learn more about this process and then contact a Texas divorce attorney for help. 

Do We Qualify for an Uncontested Texas Divorce? 

Uncontested divorces in Texas are not available to everyone. The most commonly disqualifying issue is a couple who shares minor children. If you have minor children, but agree about everything else, you will instead need to file for an “agreed divorce.” You also cannot get an uncontested divorce if the wife is pregnant, or if you have a disabled adult dependent child. 

You must own no real property if you want to file for an uncontested divorce. This includes a house, land, or other real estate. 

Parents of minor children in Texas generally stop paying child support when a child turns 18 or graduates from high school, which comes last. This is based on the assumption that a legal adult is competent to provide for themselves and that, while a parent can still help the child if he or she wishes, there is no longer a legal obligation to send child support funds to the child’s other parent. 

Some children, however, are never able to become fully self-sufficient. Physical or mental disabilities can prevent an adult from functioning normally, often leaving them completely dependent on their parents for the rest of their lives. In cases like this, the Texas legislature makes an exception to the typical termination of child support payments. If you are getting divorced and have a disabled adult child, you are likely wondering what this law means for you. 

Adult Child Support

According to Texas law, if a child is over 18 and the following conditions exist, child support may be ordered indefinitely: 

No couple begins their marriage hoping that it will eventually end in divorce, but anticipating the potential for divorce is a practical perspective in today’s age. If you suspect that divorce may be in your future, you likely have a million questions. Do you want to go through with it? Do you have to go through with it if your spouse insists? Do you really need an attorney, or can you handle the divorce issues yourselves? 

The answers to these questions are complex and depend on your circumstances. However, one certainty is that you can get the answers to all your questions with the help of an attorney. Here are three more reasons that hiring an attorney for your Texas divorce could benefit you. 

Have an Advocate in Protecting Your Interests

Maintaining a perspective with an eye to your current and future interests is sometimes more complex than divorcees would believe. It is easy to accidentally give up long-term benefits for short-term compromise in a way that can seriously hurt you in the long run, especially when it comes to your finances. A divorce attorney with experience and perspective can help you plan your divorce in a way that benefits you now and in the future.