Why Contest Your Divorce? - FAQ's

If the parties can’t agree on the division of assets and liabilities, how will the court divide them?

In a no-fault divorce, the court will usually divide assets on a fifty-fifty basis.  Liabilities are usually divided similarly although the court may take the relative earning capacity of the parties into consideration.  The party who incurred the particular debt and its purpose are additional considerations in making these determinations.

In a fault based divorce, the party found to be at fault in the break-up of the marriage is usually awarded a lesser portion of the community assets and a greater portion of the community liabilities.  The percentage of debt awarded to the party at fault can range from fifty five to one hundred per cent in cases where there has been family violence, abandonment or other egregious behavior.

Please call us today at 281.210.0010 or complete our contact form and let us assist you with your legal need.

Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757

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