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Posted on in Complex Divorce

Texas divorce attorney, Texas custody lawyerAlthough filing for divorce is always a complex and emotional process, it can be even more difficult when one of the parties cannot be located. In these situations, the party petitioning the court must comply with specific procedures, so if you are considering filing for divorce and do not know where your spouse currently lives, it is critical to speak with an experienced complex divorce attorney who can help explain your next steps.

Filing a Petition

Even when someone does not know where his or her spouse is currently living, it is still necessary to take the following steps:

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Texas complex litigation attorney, Texas high-asset divorce lawyer,Dealing with child support in the midst of a divorce can go one of two ways: The process can either go smoothly or it gets messy. There is rarely any in-between when it comes to agreeing on arrangements and rights between two parties. While some divorcing spouses make it through the transition seamlessly and with mutual understanding – albeit a few minor bumps in the road – other couples are not quite as fortunate.

Child Support Assistance in the State of Texas

Similar to many states, the Office of the Attorney General in Texas is able to assist divorcing spouses with everything from locating an absentee parent and establishing paternity to establishing, enforcing, and modifying child support orders. The state also helps with medical support orders and collecting and distributing child support money.

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Texas divorce attorney, Texas complex litigation lawyer, Texas is one of only nine community property states in the Union. The concept originally comes from Spanish law, and was adopted by Mexico in the 19th century and passed onto its possessions in what is now the modern-day United States. The idea is that marital property belongs to both spouses upon divorce, due to the emotional and financial nature of a marriage. Some states have very strict community property laws (in California, a 50-50 split is mandatory), but Texas has a community property presumption in Chapter 7 of the Family Code. Like most all presumptions, this provision can be overcome in certain high-asset divorces.

Identifying Property

The presumption applies to all property that was acquired during the marriage, unless it was a gift. This dividing line is not always clear, because property is often commingled. Assume that Husband bought a car before the marriage (separate property) and makes the payments from his paycheck (community property). Or assume that Wife inherited a rental house (separate property) and used proceeds from a second mortgage on the marital residence (community property) to fund improvements.

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Texas high asset divorce lawyer, Texas alimony attorney, Texas family law attorney,While many states are restricting their alimony laws under tremendous pressure from advocacy groups, Texas has expanded its spousal support laws in recent years, albeit not by much. As a result, spousal support is still rather difficult to obtain. In other states, alimony is an important element of almost every property settlement in a high-asset divorce, but that is simply not the case in the Lone Star State.

Needs Presumption

To receive any long-term support ("long term" being more than a few months), the requesting spouse must overcome two hurdles in Section 8 of the Family Code.

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