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10 Things the Judge Probably Won't Order in a Divorce

Divorcing couples are almost always angry at each other, and they look to the Judge overseeing their divorce to punish their soon-to-be-ex for all their alleged transgressions.

The Texas Family Code, however, requires the Court to make a “just and right” division of the “estate of the parties.” If your case goes to trial, then think of it as the Judge starting with the scales of justice balanced at 50/50. It is your lawyer’s job to present evidence as to why you should get more than 50% of the asset/liability division in the divorce.

Case law provides many valid reasons that, when supported by evidence, can be argued to a Judge to support one spouse receiving a disproportionate division in that client’s favor.

For some divorcing individuals, however, even a “disproportionate division” isn’t enough. They’re looking to drop a virtual atomic bomb on their ex, depriving them of all parental rights and financial assets, and burdening them with all their debts.

For those individuals, I have some disappointing news: absent very strong evidence, the Judge is not going to give you what you want.

Let's set those expectations early.

Carol Wilson provides expertise, focus and compassion in times of family turmoil, having skillfully litigated and tried complex divorce, property division, and child custody cases for more than 30 years.

She has been Board Certified in Family Law by the Texas Board of Legal Specialization since 1992. Subscribe to the firm's newsletter here.

Carol Wilson Celebrates 14 Years of Super Lawyers Recognitions

For the 14th year, Texas Super Lawyers has named Carol A. Wilson to its annual list in recognition of her work in family law.

Additionally, for the seventh year, Carol was also named to the list of the Top 50 women Texas Super Lawyers, and to the Top 100 D-FW Super Lawyers for a fourth year.

This Super Lawyers honor comes on the heels of her placement on The Best Lawyers in America for 2024. In addition to other individual recognitions, her law firm was included on the annual U.S. News and World Report “Best Law Firms” list in 2023.

Clients' Perspectives

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The highest compliment I receive is your referrals. If you know someone in need of assistance in a family law matter, please don't hesitate to share my contact information: carol@cawilsonlaw.com and 214-303-0142. Thank you!