When it comes to divorce in Texas, there are numerous widely held beliefs that often circulate. In this article, we’re going to unravel the truth behind some of these common assumptions, separating fact from fiction. So, let’s dive right in and shed light on what you need to know about divorce in the Lone Star State.
Beliefs About Divorce in Texas: An Overview
One of the parts that I find to be rewarding of being a family law attorney is having the opportunity to meet with people just like you in our free-of-charge consultations.
In one of these consultations, a potential client of the Law Office of Bryan Fagan, PLLC, can come in and discuss their problems with me in a relaxed environment.
I answer questions about various family law situations and provide information to assist individuals. As an attorney, I also see myself as a teacher. While the lessons offered by other attorneys at the Law Office of Bryan Fagan, PLLC don’t take place in classrooms, we impart valuable information and lessons to the public for application in their lives.
Occasionally, a consultation with me marks the initial instance where potential clients address their concerns related to child support or divorce matters in their own lives. During many consultations, we focus on addressing questions that friends, family, or co-workers have previously answered for the potential client.
The person probably received several different responses to their situation, which left them with more questions than when they started asking around for advice. It’s tough to seek advice only to find that your sources for that advice don’t know the law well enough to give a response.
That’s where we come in. Setting the record straight is one of the most extensive services I can provide you as a potential client. Divorce and child custody affect so many people in our community and are omnipresent in the media that we feel like there is a lot of information on these subjects. However, feeling confident in that information is an entirely different subject.
Judges Favor Moms in Custody/Divorce Cases
This is maybe the most commonly addressed concern with fathers that I deal with regularly. If you are a father, you probably know another dad out there who has gone through a divorce or child custody case. The odds are also good that at least one of those dads has told you how the attorneys, judges, and legal system, in general, seemed to favor the mom in their case.
After hearing this, you rightfully had concerns over whether or not you stood any chance to build a lasting relationship with your child? What exactly is the truth in this situation?
The legal system does not favor mothers. First of all, the Texas Family Code forbids a judge from taking into account the gender of either parent when making decisions about your child’s well-being and what is in their best interest. The facts and circumstances of your case will be relevant, but your gender does not.
Many people hold the belief that the legal system tends to favor mothers in divorce or child custody cases, often designating them as the primary conservator due to historical roles where mothers served as the primary caregivers while fathers worked. However, this traditional family framework is evolving as more women join the workforce. If you’re a concerned father about your future relationship with your child, it’s crucial to assess your past involvement.
Also, if you’ve been actively and consistently present in your child’s life, there’s no need to worry about exclusion. Obtaining the right to determine your child’s primary residence is an achievable goal for dedicated and engaged fathers like yourself.
To Get Divorced in Texas, You Must Have Been Married in Texas
If you or your spouse resided in Texas for the preceding six months before your divorce was filed, the State of Texas has what is known as jurisdiction over your case. To file in a specific county, you must have resided in that county for the preceding ninety days.
Filing a Family Law Case Means That You Have to Go to a Hearing
Although some family law cases do find their way into the courtroom at least once, the truth remains that many filed family law cases never reach the inside of a courtroom. Parties who cannot resolve their disputes outside of court have the option of accessing hearings, whether they are temporary or trials. Nevertheless, the vast majority of family law cases can reach a settlement outside of court, avoiding the need for a courthouse appearance.
If you and your spouse/opposing party can reach agreement on all aspects of your case, you and your attorneys can draft and sign temporary or final orders without requiring the judge to act as a tiebreaker. For temporary orders, you need only alert the judge to the signing and submittal of the order for the judge to sign.
For a final order, you and your attorney must show up to court for a short, uncontested hearing to allow the judge to review the order. Otherwise, you and your spouse/opposing party may never have to have a hearing at all in your case.
If You Are Getting a Divorce Proving Adultery by Your Spouse Allows You to Win All the Property
Adultery is a basis for a divorce if you or your spouse allege that it is a ground for that divorce in the Original divorce petition. This means that you must allege it as “fault grounds” for divorce. In that case, you must still present evidence to a judge that the adultery had a material (substantial) effect on the marriage and led to the divorce. What’s more- the adultery must have likely had a significant financial impact on your family for a judge to award you a disproportionate share of your community estate.
Many people come in to talk to our office about a potential divorce and state that their spouse was unfaithful. When I ask about the details, it quickly becomes apparent that this was a relatively recent affair that did not involve much, if any, financial infidelity and things of that nature.
The odds are decent that if your spouse’s adulterous affair did not impact your family’s finances and did not impact your children, then it will not impact your divorce all that much. You will need to present the adultery to the judge and evidence to show its extent to meet the burden of showing that it was a significant part of the reason your marriage failed.
Final Thoughts
With so much information floating around regarding divorce and child custody, I am glad you are taking the time to read through legally-based information. The attorneys with the Law Office of Bryan Fagan, PLLC, hope that you will return tomorrow to read more about this subject.
If you have questions for us in the meantime, please do not hesitate to contact our office. We offer free consultations with licensed family law attorneys six days a week. We can answer your questions and provide you with peace of mind regarding your particular circumstances.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
