Terms to Know When Planning for a Divorce
6 January, 2021
By Rob Musemeche
If you are thinking about a divorce, learning important legal terms and divorce lingo is important. Talk to an attorney for help.
No one likes to think about divorce. But if you are getting a divorce, then having a solid plan in place can prove helpful in the long-run. Here is a list of important terms to know when planning for a divorce - for clarity and assistance, reach out to our divorce planning lawyers at the law office of Musemeche Law, P.C. today.
Terms to Know When Thinking About Divorce
Here are some basic terms to know about divorce in Texas. For more specifics and for a broader range of terms, talk to your lawyer.
- Community property. Community property refers to a method of dividing property between spouses at the time of the divorce. In Texas, the community property rule holds that the property that is acquired during the marriage, regardless of which spouse acquires it, is jointly owned by both spouses. The same is true for marital debts. While this may seem like assets will then be divided equally since they are jointly owned, this is not necessarily the case.
- Equitable distribution. While there is nowhere in Texas’ family law code that says that property must be divided in a way that is equitable, you will probably hear the term “equitable distribution” throughout your divorce case. This simply means that property in a divorce should be divided in a manner that’s fair or, as stated in Texas Family Code Chapter 7, “just and right.” Courts will determine what’s just and right by considering a wide range of factors, including the incomes and earnings from each party.
- Parenting plan. If you are a parent who is getting a divorce, you will also want to familiarize yourself with the term “parenting plan.” A parenting plan is what parents must form before a divorce can be finalized in our state. Essentially, a parenting plan is a custody plan that outlines who will have physical custody of the child for the majority of the time, how parenting time will be shared, who will have legal decision-making power regarding the child, how the child will be transported between parents’ homes, how disputes regarding the child will be resolved, and more. A parenting plan must be finalized before a divorce will be granted.
- Spousal maintenance. In some marriages, spousal maintenance is a big part of a divorce settlement. Perhaps more colloquially known as alimony or spousal support, spousal maintenance refers to court-ordered payments that one spouse makes to another in order to help them adjust after the divorce or/and support the same lifestyle they had during the divorce.
- Contested and uncontested. Finally, two other important terms to know when getting a divorce are contested and uncontested. If a divorce is contested, it means that parties to the divorce do not agree about one or more issues in the divorce settlement; if the divorce is uncontested, it means that parties are in complete agreement about how the divorce should be settled.
Call Our Texas Divorce Lawyers Today
If you are thinking about getting a divorce, our Texas divorce lawyers can help. Call us today or send us a message online to learn more about how.