Marble Falls, TX Divorce Law Firms & Lawyers

If you are in China, and were married in China, the it would appear that the divorce court in China would have jurisdiction to, at the very least, dissolve your marriage. With respect to any claim you might have to the assets of your husband, that will depend on international law and treaty agreements between countries. I suggest that you speak with an attorney who is familiar with Chinese law on these matters.

In Texas, all property is considered community property if it was acquired during the marriage unless it was acquired by gift, devise (granted through a Will) or descent (inherited without a Will). Thus, if the property is purchased while the couple is still married, it will be considered commuinty property even if the couple is separated. However, either party can request that any property be awarded 100% to the party in a divorce proceeding. Also, couples who have been separated for a long time often come to an agreement on how property will be divided. If there is no agreement, the court has a duty to make a just and right division of all community property. When couples are separated for a long time, it is possible to make an argument as to why getting 100% of certain property is just and right. However, it is up to the court to make the ultimate decision on property division if the parties cannot come to an agreement.

In order to change current child support order, you must file a Motion to Modify Child Support with the Court of continuing, exclusive jurisdiction. Until you file, child support will continue at the current rate.  In order to have child support modified, you must then meet the requirements under the Texas Family Code.  Whether or not you qualify for a modification of child support is a fact/factor dependent question.