Comstock, TX Divorce Law Firms & Lawyers

He may have a reimbursement claim for the upgrades to your house, but that depends on what money was used for the improvements to your separate property. All other property you mentioned sounds like it would be subject to a just and right division so, yes, you would be entitled to your share if it is community property. In Texas, all property owned by the parties is presumed to be community property which is subject to division. Separate property is anything acquired before the marriage or by gift, devise or descent.

The short answer is yes. If kids are involved, then I highly recommend you have an attorney draft your final divorce decree. If you do not, then you are likely to have costly issues come up in your future. Often, those costs can exceed the price of hiring an attorney to draft paperwork correctly in the first place.  For instance: Your final decree may be rejected by the judge and you will be forced to try to figure out why plus miss additional days of work to come back for another prove-up.  An experienced family law attorney can help draft language that you might not think of on your own or find in any standardized forms. Most standardized forms do not contain everything you should have in a final decree.  If your agreement has ambiguities, then future disagreements can lead to costly modifications.  Finally, there is no such thing as legalized separation in Texas. During all the time you have been living separately, you are still accumulating community property assets/debts.  If these assets/debts are not divided in the divorce decree, then they are subject to future just and right division.   While it is possible you could do this correctly on your own, it is extremely unlikely.  I would expect to spend some quality time researching Texas Family Code and in your local law library if you decide to do it on your own. If you and your spouse are truly in agreement, then an attorney should be able to discuss your case in a consultation and give you a price to draft agreed paperwork. 

I advise you hire a lawyer. Her lawyer has no obligation to even ifnform you about what the court would normally do or what your rights are.  Even for a divorce when parties agree on most terms, there are usually terms on which the spouses differ.  Then the only solution is mediation or a trial. You will want a lawyer with you at mediation and at trial.  You will have your rights and interests better protected with a lawyer on your side.  Regarding possession of your child: If the child is age three or over, Texas courts will grant you possession of your child under the expanded standard possession order. That allows overnights with you the first, third and fifth weekends of every month Friday afternoon through Monday morning with pick up and return at your child's school.  You also are allowed possession on Thursday overnight to Friday morning, again from school dismissal to school return on Friday.  Thursdays are every week during the school year. You should also get time during Thanksgiving week and the Christmas break, so please at least consult a lawyer to learn more about your rights and schedule.