Debunking 15 Myths About Divorce in Texas

When I consult with new clients about divorce in Texas, I frequently come across a multitude of misconceptions regarding how property and other aspects are handled. These misconceptions can often lead to confusion and unnecessary stress. To provide clarity and debunk these myths, I have compiled a list of common misconceptions that I frequently encounter during consultations.

Myth 1: Divorce Can Be Denied

Contrary to belief, a spouse cannot unilaterally deny a divorce. The other party can delay the divorce process, but if one party desires a divorce, it will ultimately be granted.

Myth 2: Fault is Necessary for Divorce

No-fault divorces have become increasingly prevalent and legally accepted in the state of Texas. This significant shift in divorce proceedings marks a departure from the past when fault was a mandatory requirement to initiate the divorce process.

Myth 3: Children Choose Their Living Arrangements

In Texas, children under 18 cannot decide their living arrangements, regardless of age or gender. However, judges may consider their preferences from age 12, but it’s not decisive.

Myth 4: Children Can Refuse Visitation

Until they turn 18, children must follow the court-ordered visitation schedule.

Myth 5: Living Together Equals Common Law Marriage

Agreement to be married, living together as spouses, and representing yourselves as a married couple are requirements for common law marriage in Texas.

Myth 6: Common Law Divorce Exists

There is no separate process for divorcing from a common law marriage; the standard divorce process applies.

Myth 7: Joint Custody Means Equal Time

In Texas, joint conservatorship (not custody) does not guarantee equal physical possession of children.

Myth 8: No Child Support with Joint Custody

Even in joint conservatorship situations, child support can be ordered by the court based on the children’s best interests.

Myth 9: 50/50 Property Division

Texas law mandates equitable, but not necessarily equal, division of property in divorces.

Myth 10: Adultery Leads to Losing Everything

Adultery might influence property division but doesn’t typically affect custody or spousal support significantly.

Myth 11: All Assets Are Community Property

Not all assets acquired during a marriage are community property; some may be considered separate property.

Myth 12: Property in My Name is Separate

Ownership in one’s name doesn’t automatically classify it as separate property in Texas divorces.

Myth 13: My Income, My Property

Income earned during the marriage is considered community property, regardless of the earning spouse.

Myth 14: Texas Doesn’t Award Alimony

Texas law does provide for temporary and post-divorce support under certain conditions.

Myth 15: Businesses Aren’t Marital Property

Businesses acquired during the marriage can be considered community property and subject to division in a divorce.


Misunderstandings about divorce laws can complicate proceedings. Hence, it’s essential to understand the realities of Texas divorce law to navigate this challenging process effectively. For more detailed information, refer to our specialized blog articles and free e-books available on our website.



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  1. 6 things You Need to Know Before You File for Divorce in Texas
  2. I Want a Texas Divorce but My Husband Doesn’t: What can I do?
  3. Am I Married? – Marital Status in Texas
  4. Can I sue my spouse’s mistress in Texas?
  5. 6 Tips – On How to prepare for a Texas Divorce
  6. Roadmap of Basic Divorce Procedure in Texas
  7. Child Custody Basics in Texas
  8. 6 Mistakes that can Destroy Your Texas Divorce Case
  9. 10 Quick Tips About Parental Visitation
  10. Does it Matter who Files First in a Texas Divorce?
  11. 10 Texas Divorce Myths You Might Have Heard From Friends, Neighbors, and Relatives
  12. The Truth About Child Custody Cases in Texas: Debunking 10 Common Myths
  13. Frequently Asked Questions Regarding Texas Marriage
  14. In Texas, is it legal for my child’s mother to keep them from me?
  15. Does my 18 year old child still have to go with their other parent on the weekend for court ordered visitation in Texas?


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