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Common misconceptions regarding divorce in Texas

On Behalf of | Apr 22, 2024 | Divorce

Divorce often involves more than just the emotional separation of two individuals; it also encompasses a host of legal and procedural misunderstandings that can complicate the process.

In Texas, where state-specific laws govern the proceedings, many people harbor misconceptions about what divorce entails and how the system works. These misunderstandings can lead to unexpected challenges and frustrations as individuals navigate the dissolution of their marriage.

“Divorce requires both parties to agree”

One of the most common myths is that both parties must agree for a divorce to occur. In Texas, this is not the case. If one party files for divorce, the other cannot stop the process simply by refusing to agree. The court can grant a divorce even if one spouse does not consent to it, provided the proper legal processes are followed.

“The mother always gets custody of the children”

Another widespread misconception is that the mother automatically receives custody of the children. The courts focus on the best interest of the child when making custody decisions. This means the mother does not automatically receive custody. The court considers many factors, including the parents’ ability to provide for the child, the child’s wishes (depending on their age and maturity), and any history of family violence or substance abuse.

“All property gets split 50/50”

People also mistakenly believe that divorce always results in a 50/50 split of property. Texas follows the community property principle, which means all property acquired during the marriage should be divided in a way that is just and right. This does not necessarily mean equally. Factors such as each spouse’s financial situation, fault in the marriage breakup, and future earning potential can influence the division of assets.

Understanding these facts can help manage expectations and reduce the stress associated with the divorce process. Knowing what the law actually says allows individuals to navigate their divorce more smoothly and with greater awareness of their rights and obligations.