If you plan to file for divorce, it is very important to consult with an attorney who is well-versed in family law prior to filing. Such an attorney in the Austin, TX, area will be able to provide you with legal counsel on a variety of issues surrounding your divorce, including ways to avoid any accusation from your spouse of waste or fraud during the divorce proceedings.
In the state of TX, the Family Law Code says that community property, that is, property that you and your spouse hold in common, must be divided equitably between the two of you. In general, this means that all of your assets will be divided equally. However, before the divorce is finalized, you are prohibited from wasting the money such that your spouse’s share of the division of community property would be significantly diminished.
For example, if you have filed for divorce, but there is not yet a final divorce decree and you buy a Rolls Royce, pay for a friend to take a round-the-world cruise with you, and buy a house in Westlake in West Austin, your spouse could make a claim that you had wasted a good part of the property before it could be divided. If your spouse’s claim is successful, you could be held responsible for making up that part of the wasted property that would have been distributed to your spouse.
Similarly, if you try to hide or sell off to a family member or close friend a large portion of your assets prior to filing for divorce, family law code in TX says that you could be guilty of fraud. In other words, you tried to defraud your spouse by preventing access to the property by selling it. Again, an Austin divorce court could hold you responsible for the value of the property that was involved in the fraudulent attempt.
Obviously, family law can be intricate and complicated. That is why meeting with an attorney prior to filing is a must if you want to avoid any possible pitfalls and make sure that your divorce is does not bring any more unexpected surprises than absolutely necessary. An attorney experienced with family law can help to ensure that all arrangements are just and fair so that no accusations of impropriety can be made.
Contact a family law attorney in Austin, TX if you are considering filing for divorce or if your spouse has already filed so that you can be sure of your rights and responsibilities and have the protection that you need to ensure that your best interests are served in a fair and equitable manner throughout the divorce proceedings.
Family Law Austin TX – Nunis & Associates provides a team of legal professionals who focus on the needs of each of our clients to help guide them through the complex legal system to achieve the clients’ goals. Whether handling family law cases such as divorce, civil litigation regarding breach of contract, or consumer cases of fraud, Nunis & Associates can provide you with an attorney in the Austin, TX, area who will offer aggressive, professional representation. Call us at 512.236.9696 or contact us via the web at.