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for divorces in texas we really have two
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types of cases we have divorces
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without any minor children and we have
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divorces that have minor children
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involved
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on a divorce that is property only
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we’re dealing with property and debt in
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a divorce that
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involves minor children we have property
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debt on the one hand
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and we have custody kid related issues
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on the other hand
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it is very important and one thing we
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try and stress to clients
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is never try to mingle the property and
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debt side
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with the kids side the reason being
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i’ve seen many people willing to give up
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a lot on the property side
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to get what they want on the kids side
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but kid issues can be modified later and
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property issues never can
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so if a parent gives up a lot of
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property in an effort to get the custody
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order that they want
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the other parent can turn around and try
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to modify custody a year later two years
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later at some point down the road
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and the parent who gave up property can
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never go and get that back
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on the kids side we have three
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sub-categories
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we have conservatorship which relates to
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rights
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we have the possession schedule which
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relates to how much time each parent
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is spending the child is spending with
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each parent
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and we have child support on the
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property and debt side
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we have we have to determine how is the
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community’s state of the parties going
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to be divided
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the texas family code says property
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should be divided in a manner that is
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quote
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just and right which is not particularly
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helpful
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in in understanding how it’s actually
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going to be divided
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most cases are a 50 50 split or very
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close to it
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when we have fault rounds or we have one
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party with a significantly higher
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earning potential or something of that
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nature
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we may see a shift a few percentage
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points one way or the other
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but it’s not going to be dramatically
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far from a 50 50 split
Dallas, TX family law attorney Holly Draper provides a quick overview of the divorce process in Texas.