3 Myths About Divorce in Texas

 Posted on July 04,2024 in Divorce

Except for family law attorneys, most people have misconceptions about divorce. Even those who have been through divorce themselves only know the process as it pertains to their particular circumstances. Your newly single friend, for example, may warn you that you will "lose everything" in the divorce. However, just because that happened to him does not mean it will happen to you. 

Not only is everyone different, but divorce laws also vary from state to state. It is understandable, therefore, why there are so many misunderstandings and myths about divorce. 

This article will discuss three of those myths. As always, it is best to seek a Texas divorce lawyer’s guidance regarding any questions you have about divorce.

Myth #1: Property Is Divided Equally

Many people are under the impression that when spouses get divorced, they split the community property in half. Community property is what Texas law calls assets that belong to both parties. Usually, these are possessions that were acquired by either spouse during the marriage.

In Texas, however, community property is divided fairly, not equally. The law requires courts to distribute the assets in a way that is "just and right." Therefore, judges decide how to divide marital property based on a number of factors, such as:

• Each spouse’s income

• Each spouse’s financial needs

• Which spouse has child custody

• Whether either spouse is at fault for the divorce

Myth #2: Courts Favor Mothers Over Fathers in Child Custody Cases

Another myth about divorce is that courts are partial towards mothers when deciding who gets child custody, or what Texas law calls possession of the child. Legally speaking, however, judges are not allowed to discriminate based on sex, which means a court cannot automatically favor a mother over a father. The law takes the view that mothers and fathers are equally important in their children’s lives, so courts will generally favor giving equal possession and visitation rights to both parents by default.

Myth #3: Parents With Joint Custody Are Exempt From Paying Child Support

People often think that parents who have joint custody of their child do not have to pay child support. However, this is rarely the case because one parent will typically outearn the other. As with child custody, the judge will make this determination based on several factors, including the financial abilities of each parent.

Contact a Collin County, TX Divorce Attorney

The divorce process can be complex enough without myths and misconceptions complicating things even further. At Pfister Family Law, our experienced attorneys will share their knowledge about the divorce process and explain your options patiently and clearly. Let us walk you through the legal steps toward a smoother and more successful divorce. Call 972-954-6455 to speak with a Prosper, TX divorce lawyer today.