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00:04
in texas
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trends i’ve seen is mostly that courts
00:08
are
00:10
first encouraging parties to try to
00:12
reach their own agreements
00:14
more and more courts are requiring that
00:15
parties attend mediation
00:17
uh before having a final trial and in
00:20
mediation the parties are given the
00:21
opportunity to
00:22
creatively figure out solutions to
00:25
divide their own assets
00:27
parties are able to do things that a
00:29
court can’t do in mediation
00:30
other than that i’ve seen courts tend to
00:35
get closer and closer to a 50 50
00:37
division of
00:38
property and this day and age a lot of
00:40
courts
00:42
require certain outrageous conduct for
00:45
a division to be a lot more than a 50
00:48
50.
00:48
for instance a lot of people think that
00:50
if one party uh committed adultery
00:53
that they’re entitled to a much larger
00:56
portion of the marital estate
00:58
and in this day and age while the
01:01
code does say that they’re entitled to a
01:03
disproportionate share of the estate
01:04
you’re not looking at a 10 percent
01:06
difference you’re looking at more a
01:08
couple percentage points
01:10
so we’re finding that the courts are
01:12
bringing things down
01:13
closer to 50 50 absent some very
01:16
outrageous conduct by one of the parties
Houston, TX family law attorney Rachel Sedita talks about the trends she sees in the area of asset division in Texas.