Navigating the maze of rumors and misconceptions about family law can be daunting, especially when crucial decisions hang in the balance. At the Law Office of Bryan Fagan, we understand the importance of reliable information, especially in matters as critical as family law. Amidst the sea of uncertainties, it’s essential to debunk myths that may cloud your understanding, particularly regarding Texas custody laws for unmarried parents.
Whether you’re contemplating a divorce, navigating a family law case, or facing legal actions from a spouse or co-parent, misinformation can sow doubt and anxiety. That’s why our team is dedicated to providing trustworthy guidance and support through every step of your journey. Rest assured, at the Law Office of Bryan Fagan, we’re here to debunk myths and champion your legal rights with unwavering commitment.
Myth #1: Common law marriage is established automatically once you are married for a certain length of time
Tell me if you’ve heard this one: once you are living with another person for “X” number of years you are automatically common law married. What common law marriage even means is up for debate in these kinds of conversations with people who don’t know what they’re talking about. We see people come into our offices for free-of-charge consultations all the time with the idea that common-law marriage is easily established in Texas. If you are in a long-term relationship as an adult then you are effectively common law married under this myth.
What does this mean for you? Well, married people who want to break up must go through a divorce. A divorce carries with it certain rights for both spouses, but specifically, I am thinking about community property rights and how that will impact your property. You may end up having to divide up significant portions of your property if you are found to be in a common-law marriage.
When you break up with someone that you are dating then there is no division of property beyond perhaps household items. Even then, a family law court would have no jurisdiction over your dating relationship if you wanted to keep that nice couch when the relationship ends.
Common law marriage means that you would need to establish three factors all at the same time for you to be able to assert a marriage. Those three factors are: 1) an agreement to be married, 2) cohabitating in a single residence, and 3) holding yourselves out to the community as husband and wife. The moment that all three of these factors exist at the same time you are in a common-law marriage. Review your situation carefully before making an assumption one way or another about being common law married.
Myth #2: Mothers always win primary custody
In Texas family law, a prevailing myth often clouds the minds of fathers embarking on child custody or divorce proceedings: the belief that they have minimal chances of being named the primary conservator of their children. Despite their active involvement in their children’s lives and absence of concerning factors like criminal records or substance abuse issues, many fathers still hold onto this misconception, influenced by the pervasive notion that mothers consistently win primary custody in Texas custody cases, as outlined by Texas custody laws for unmarried parents.
However, this belief rests on a foundation of misinformation. Contrary to popular belief, the Texas Family Code maintains a gender-neutral stance on custody matters, devoid of any inherent bias toward either parent in determining primary conservatorship. Yet, this myth profoundly impacts cases, often leading fathers to not vigorously pursue primary custody, settling instead for shared or “split” custody arrangements.
The reality is, fathers may find themselves overlooked for primary custody due to the nature of their relationship with their children, which may not be as child-focused as that of the mother. Juggling demanding work schedules and responsibilities often leaves fathers with limited opportunities for day-to-day involvement in their children’s lives.
However, in the eyes of the family court, the paramount consideration in child custody or divorce cases is the best interests of the child. Gender does not factor into this equation; instead, courts evaluate various factors to determine what arrangement would best serve the child’s welfare.
For involved fathers deeply devoted to their children, there’s every reason to pursue primary conservatorship in a family law case. By demonstrating their commitment to their children’s well-being and actively participating in their upbringing, fathers can assert their rights and stand on equal footing with mothers in custody proceedings.
Myth #3: Property in a Texas divorce is always divided right down the middle
Texas is a community property state, and the assumption follows that all property in a Texas divorce is divided right down the middle. While this certainly can be the case it is not the rule that it must be divided in this way. On the contrary, a judge in Texas has a wide amount of discretion when dividing up your community property. A just and right division of the property is what must be undertaken during a divorce. Just and right does not necessarily mean splitting property right down the middle. It can look like this, but it is not a requirement.
The health of you and your spouse, your ages, your income history, your employment histories, your separate estate statuses, and a handful of other factors will be what the court looks to when it comes to dividing property. You may end up with a disproportionate (unequal) division of your property or your spouse may end up in that position. Whatever the case may be, being prepared for a final hearing on this matter is critical. Do not assume that your property will be divided right down the middle every time. This is not necessarily true and operating under a mistaken assumption like this can cost you dearly in a divorce.
Rather, you should take the time to inventory and appraise all your property from the beginning of your divorce, so you know better what you are working with. From there you can know how much your property is worth and what column the property belongs to: community estate, your spouse’s separate estate, and your separate estate. This will inform you of how your property may end up being divided and what plan of attack you need to implement to keep these items.
Myth #4: One spouse is always entitled to alimony
From movies to television shows, the concept of alimony frequently permeates our media landscape. But what’s the reality? Is alimony a viable option for you or your spouse, especially concerning Texas custody laws for unmarried parents?
In Texas family law, a family court judge may indeed order temporary spousal support or spousal maintenance if you can demonstrate an inability to meet your basic needs without additional financial assistance. However, there are criteria to meet. Typically, the marriage must have lasted at least 10 years, with exceptions made in cases involving family violence convictions or deferred adjudication.
Yet, securing spousal maintenance is far from guaranteed in a Texas divorce. Additionally, there’s a form of financial support termed contractual alimony, but this must be agreed upon between spouses in mediation or informal settlement negotiations; it cannot be ordered by a family court judge. Despite the various avenues for post-divorce spousal support, none of them are automatic, emphasizing the importance of careful consideration and negotiation during divorce proceedings.
Myth #5: Prenuptial agreements are only for the rich and famous
Let’s debunk another prevalent myth in family law: the belief that prenuptial agreements are exclusively for the wealthy and famous. In our day-to-day conversations and media exposure, prenups often seem reserved for entertainers, athletes, and the affluent. However, this misconception overlooks their practicality and accessibility for everyday couples, especially concerning Texas custody laws for unmarried parents.
Despite their frequent association with the elite, prenuptial agreements serve as valuable tools for any couple navigating the complexities of marriage and potential divorce. Essentially, a prenup is a property agreement established before marriage, though similar arrangements can be made after tying the knot, termed as marital property agreements.
For individuals in similar situations, entering into a prenuptial or marital property agreement can mitigate the emotional strain often associated with divorce proceedings. Rather than grappling with contentious division of assets and custody arrangements amidst heightened emotions, couples can preemptively address these matters in a calm, rational manner.
Integrating a prenuptial agreement into divorce proceedings involves referencing and attaching it to the divorce petition. However, negotiating such agreements warrants careful consideration and legal guidance. Partnering with an experienced family law attorney ensures your interests are safeguarded and prevents exploitation during negotiations.
Contrary to popular belief, prenuptial agreements aren’t exclusive to the rich and famous. They offer practical benefits for any couple seeking to protect their assets and streamline the divorce process, including unmarried parents navigating Texas custody laws. Don’t overlook the potential of prenups to provide peace of mind and clarity amidst life’s uncertainties.
Myth #6: Your case is destined for litigation
As many embark on a family law journey, there’s often a prevailing assumption that the ultimate resolution lies in a courtroom showdown before a judge. This notion, perhaps influenced by media portrayals, can obscure the reality, particularly concerning Texas custody laws for unmarried parents.
In truth, the landscape of family law cases often diverges from the dramatic courtroom narratives we see on screen. While entertainment may sensationalize legal battles, the statistics tell a different story: mediation prevails over litigation by a factor of 3:1. Mediation, a collaborative process facilitated by a neutral third-party mediator, empowers parties to craft their own solutions.
Yet, clinging to misconceptions can undermine your agency in shaping the outcome. Rather than surrendering control to external forces, recognize the impact of your preparation and engagement. Every effort you invest can influence the trajectory of your case.
At the Law Office of Bryan Fagan, we’re committed to debunking myths and empowering our community with accurate information. Don’t underestimate your role or the resources at your disposal. If you have questions or concerns about Texas family law, we’re here to support you. Reach out today, and let us advocate for you and your family with dedication and expertise. Thank you for joining us on our blog journey—we’re here to serve and inform.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material presented in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as how your family’s circumstances may be impacted by the filing of a divorce or child custody case.
Other Related Articles:
- Postnuptial agreements in Texas: Why they matter
- Divorce Proceedings in Texas Filing vs Suing for Divorce
- Is Hiring a Private Investigator Worth the Cost in a Divorce?
- Can a mother terminate a father’s parental rights?
- What to Do If DFPS Contacts You During a Divorce
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
