Which Spouse Is Supposed To Pay For A Divorce In Texas?
You’ve been served with a Petition for Divorce. It’s not an easy time. What makes it worse is finding a Frisco divorce lawyer, and then finding the money to pay.
Can you use joint bank accounts or joint credit cards to pay legal fees?
Although every case is different and should be reviewed on its own merits, the short answer in most circumstances is “yes.” Texas is a community property state, which means everything you acquire during your marriage, with some exceptions, belongs to both spouses equally – you both own 100% of all of the assets.
A joint credit card can be used by either spouse. A joint bank account will generally be thought to have community money in it, which can be used by either spouse. That’s the money which should be used most of the time to pay for attorneys and living expenses.
Are there exceptions to the community property rule when it comes to paying for divorce fees?
There are always exceptions. For instance, pre-marital agreements can change the overall rules. They can change community property into the separate property of one or the other spouse and can do the same with community debt. Other things can mean something which originally looked like community property is actually separate property, like a gift or an inheritance.
Do I need to get a lawyer if I don’t know how to divide the cost?
The safest thing to do is to hire a lawyer, they will guide you through the process. Chances are, the joint bank accounts and credit cards are there for your use, but it is always best to check.
Contact family lawyer Jefferson O. Anderson today for a consultation. He has offices in both Frisco, and Dallas, TX, serving all of DFW and the state of Texas.