Last Updated on May 31, 2022 by Benson Varghese
What is a SAPCR in Texas?
In divorces involving children, a SAPCR or Suit Affecting Parent-Child Relationship (SAPCR) is filed. A SAPCR is a legal proceeding that determines child support, custody, visitation, and other rights in order to establish what is in the best interest of the child. Even if one spouse is pregnant at the time a divorce petition is filed, a SAPCR must also be filed and you must wait until after the child is born to get a divorce.
How does property get divided in a divorce proceeding?
Property must be divided in a just and right manner, meaning the court evaluates many factors to determine who gets what and how much of the property is given to each spouse. The value of the property is the fair market value based on the date of the couple’s separation.
Some of the factors the court can use to determine a just and right property division are:
- Spouses’ capacities and abilities
- Benefits which the party not at fault would have derived from the continuation of the marriage
- Business opportunities
- Relative physical conditions
- Relative financial conditions and obligations
- Disparity of ages
- Size of separate estates
- Nature of the property
In a property division case, the court must first identify all the property involved and distinguish between separate and community property. At the time of divorce, property is presumed to be community property. If you have property that is not community property, you must present clear and convincing evidence that the property was a gift, bequeathed in a will, or inherited. In other words, the property is separate property. Some forms of personal injury recovery and gifts after marriage may be separate property as well. Just FYI, clear and convincing evidence is a burden of proof you must meet. It is not as high of a standard as beyond a reasonable doubt, but there needs to be a firm belief in the mind of the trier of fact (i.e. the judge) that the set of facts you are presenting is more believable than the other side.
If you have kids, the court may use separate property that produces income to pay for child support.