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Amicable Divorce at What Cost?

Going through a contested divorce is definitely costly both emotionally and financially. The least painful way to go through a divorce is if both spouses can be reasonable in negotiating a final settlement. So, what should you do if your spouse is making unreasonable demands and is trying to bully you into settling the divorce in a way that is very detrimental you your interests?


This is the time to stand up for yourself instead of just giving in to unreasonable demands. When it comes to the property division in a Texas divorce, once the case is final the property division cannot be changed. The only thing a Texas Judge can do is enforce the division of property and clarify any ambiguities in the language of the Divorce Decree.


Texas is a community property state, which means that all property that is acquired during the marriage is community property. So, just because one spouse has a retirement account in his/her name does not mean that the entire account should go to that spouse. If it was accrued during the marriage is an asset that can be divided between the parties. This division can be by agreement or it can be by a court order. If the division is by a court order, then that means that there was a trial and that the Judge decided the property division after hearing evidence.


So, if your spouse tells you that the 401k account in his/her name belongs to him/her and you don't have a right to any of it, that is incorrect. Depending on the value of the 401k account, it may be worth taking the case to trial in order for you to get a portion of that money. 

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Hoppes & Cutrer, LLC
959 W. Glade Rd
Hurst, TX 76054

Phone: 817-864-8594
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