Steps To Take For Handling A Divorce In Texas When You Were Married In A Different State

There are numerous individuals from all across the country who move to Texas and make it their home. This is why there are many couples who live in Texas but who were married in different states. If spouses are wanting to divorce in the state of Texas, then before the divorce may be finalized a review of their property will first need to be conducted. Divorce attorneys in Houston can help with this process.

If you are not originally from Texas, but currently live here and want to get a divorce.

If your spouse and you have separated and are likely headed for divorce, then you might have a few questions regarding the process and how you will be affected by it. The most obvious is how state laws are applied in a divorce case. Will Texas laws be used or the laws from the state that you moved from? What are the differences between lawyers from Texas and other states?

Spousal Maintenance / Support

If a premarital agreement was entered into by you and your spouse, then both of you would be bound to this premarital agreement (no matter which state it was agreed to in). However, most spouses do not have premarital agreements that they have entered into. Therefore spousal maintenance is a concept that will be considered during the divorce process.

You are most likely familiar with the term alimony and heard about it from family or friends. However, there are no laws in place in the state of Texas that allow for alimony to be paid . There is spousal maintenance in Texas which allows for money to be paid by one spouse to the other whenever the marriage is terminated due to a divorce. However, this isn’t something you have to be stressed out about since spousal maintenance is limited to the duration of your marriage along with the amount you will be responsible to pay. You will only need to pay (or get spousal maintenance) when your spouse (or you) is unable to provide for their reasonable and minimal needs without your help.

The major reason for not having any laws for alimony is based on community property laws in Texas. The reasoning behind this is since the laws are looking to divide up the marital estate or community property in a “fair and equitable” way, that it isn’t necessary for your spouse and you to have to make endless payments. However, what if you don’t qualify for any spousal maintenance and there isn’t a substantial community estate?

Community Property vs Quasi-Community Property

According to Texas laws, any property that your spouse or you owned during your marriage is considered to be community property. In the event of a divorce it will be divided. This rule can sometimes be more difficult if your spouse and you lived in a different state while you were married before moving to Texas. If your spouse and you are in that situation, then you are going to need to be aware of the fact that if you file for divorce in Texas and obtained property in a different state that it will be viewed as community property. It will be categorized as community property as if it was obtained in Texas. It is referred to as “quasi-community property” and will be applied to any property that either your spouse or you owned in other countries and states other than Texas.

Death of a Spouse During the Divorce Process

The quasi-community concept is only applied when either your spouse or you file for divorce. In all other contexts, the law is purely theoretical and doesn’t affect your lives. In the situation where your spouse passes away during the divorce process, the probate court in Texas won’t look at property purchased outside of the state of Texas as being considered to be quasi-community property. The state of Texas probate laws is used if your spouse does pass away during the divorce process.

One potential concern that you might have to deal with is when a property that you own outside of the state of Texas does not become quasi-community property, and instead stays on your spouse’s separate property. This could leave you at risk of being left high and dry and not able to make a claim on the property if your spouse dies. What that means is you will be unable to take financial advantage of this property or what you would have profited from the sale of the property.

Courts in Texas do not have the power to be able to divide property that is located outside of the state of Texas.

There are no provisions under the Texas Family Code for judges to have the ability to award property located in a different state or country that your spouse or you owned during the divorce process. What will occur is that the value of this property will get factored in as part of the process of dividing up your marital estate. Courts in Texas do not have any jurisdiction over your spouse or you and may direct either of you to convey the property via a mechanism such as a Special Warranty Deed.

source: https://www.johnkgrubb.com/handling-divorce-when-married-in-a-different-state/