Divorce is a difficult and emotional process for anyone, and it can be especially complex in Texas. As a community property state, Texas has its own unique laws and regulations when it comes to divorce. Unfortunately, there are many myths and misconceptions about Texas divorces that can make the process even more confusing. Here are four common myths about Texas divorces, and the reality behind each one.
Myth #1: You can’t get a divorce in Texas if your spouse doesn’t want one.
Reality: Texas is a “no-fault” divorce state, which means that you do not need your spouse’s consent to file for divorce. If you meet the residency requirements and have grounds for divorce, such as irreconcilable differences, you can file for divorce even if your spouse does not want one. However, it is important to note that your spouse does have the right to contest the divorce and make the process more difficult.
Myth #2: Mothers always get custody of the children in Texas.
Reality: In Texas, both parents have equal rights to custody of their children, and the court will determine custody based on the best interests of the child. Gender is not a determining factor in custody decisions. The court will consider a variety of factors, including each parent’s relationship with the child, the child’s preferences, and the ability of each parent to provide for the child’s physical and emotional needs.
Myth #3: Property is always divided equally in a Texas divorce.
Reality: Texas is a community property state, which means that property acquired during the marriage is generally considered community property and subject to division in a divorce. However, the court will consider a variety of factors when dividing property, including each spouse’s earning potential, separate property, and fault in the divorce. This means that property may not always be divided equally, and the court may award a larger portion of the property to one spouse based on these factors.
Myth #4: You have to go to court to get a divorce in Texas.
Reality: While some divorces may require a court appearance, many divorces in Texas can be completed through alternative methods such as mediation or collaborative divorce. These methods can be less expensive and less adversarial than going to court. However, it is important to work with an experienced Texas divorce attorney who can help you determine the best approach for your specific situation.
Navigating a Texas divorce can be challenging, but understanding the reality behind these common myths can help you make informed decisions and move forward with confidence. If you are considering a divorce in Texas, it is important to work with an experienced family law attorney who can guide you through the process and protect your rights. Contact The Blacknall Firm today to schedule a consultation with one of our experienced Texas divorce lawyers.
