Kenedy, TX Divorce Law Firms & Lawyers

Quite likely, but need the details. She would share in the change in the market value during the marriage, which may be negative and cause a problem in getting this settled.

You need to file a Suit for Post Divorce Division of Community property. Because your husband agrees to giving you a portion of his pension, it should be relatively simple to get an agreed order for his pension plan. The order you will need to present to the pension plan is called a qualified domestic relations order (QDRO). This is a fairly complex process. Your husband will need to be served and it's effectively like having a second divorce, except this time only as it relates to undivided community property. 

If you have ever lived in the state of Texas for six months and once you reside in a county of Texas for ninety days then you can file for divorce in Texas in the county of your residence. You may seek temporary orders for support, use of the property, payment of the bills, child custody, visitation and child support along with restraining orders or injunctions. Upon divorce the court will make orders that are in the best interest of the children and divide the community assets and debts in a just and fair manner considering fault in the breakup.