Dallas, TX family law attorney Holly Draper provides a quick overview of the divorce process in Texas. She mentions that in Texas, divorces generally fall into two categories: those without minor children and those that involve minor children. In a property-only divorce, the focus is on dividing property and debt. When minor children are involved, there are two aspects to consider: property and debt, as well as child-related issues such as custody, possession, and support. She emphasizes to clients the importance of keeping these two aspects separate. Many people are willing to give up significant property to secure a favorable custody arrangement, but custody issues can often be modified in the future, whereas property settlements are final. If a parent sacrifices property to achieve a desired custody outcome, they cannot reclaim it later even if the custody arrangement changes.

On the children’s side, she explains that there are three subcategories: conservatorship, which relates to parental rights; the possession schedule, which determines how much time the child spends with each parent; and child support. On the property and debt side, the goal is to divide the community estate of the parties fairly. The Texas Family Code requires that property be divided in a manner that is “just and right,” which is somewhat vague. In practice, most divorces result in a division close to 50/50. Adjustments may occur if there are fault grounds, significant differences in earning potential, or other relevant factors, but dramatic deviations from an equal split are uncommon.