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Divorce in Texas, a Community Property State Divorce can be a convoluted endeavor due to complicated legalities. Divorce laws differ from state to state. In fact, individual courts are capable of considering various factors, as it deems appropriate, to determine how marital property is divided.

Generally speaking, marital property includes all income and assets gained during a marriage. A high-asset marriage, significant income and assets accumulated during its duration, can incorporate numerous laws and interpretations on how the marital property should be divided. Often, spouses are ignorant to the extent of property that should be divided. Those properties may include retirement plans, life insurance policies, 401Ks, deferred compensation and more. However, income or assets acquired prior to the marriage or specifically given to a spouse may be considered separate property and not split. Over the course of a marriage, situations exist that can convert separate property to marital property.

How marital property is divided depends on what state the divorce is filed in. The majority of states are Equitable Distribution States. Otherwise, nine states, including Texas, are community property states. In general, community property states divide marital property equally. Notwithstanding, differences among divorce laws can vary greatly within the nine community property states.

The basic rules of marital property division within community property states include intricacies that can quickly perplex inexperienced parties. Within Texas, debt incurred by an individual spouse prior to or during the marriage can be considered marital property to be split equally between spouses. So, obtaining professional assistance to ensure all marital property is rightfully considered during the process of divorce is crucial to starting anew with an equitable division of property.

Source: Huffington Post, "Understanding How Assets Get Divided In Divorce", Jeff Landers, June 14, 2013

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Bruce Turner

In addition to his law degree, Bruce Turner has a master's degree in tax law and is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization.

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Bruce Turner with Bennett, Weston LaJone & Turner, P.C.

Attorney Bruce Turner is located in Dallas and represents people and businesses throughout DFW and the Metroplex, including Denton, Carrollton, Lewisville, Flower Mound, Farmers Branch, Irving, Las Colinas, Corinth, Highland Village, The Colony, Plano, Frisco, Allen, McKinney, Mesquite, Grand Prairie, Garland and Grapevine as well as Collin County, Denton County and Dallas County in Texas.

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