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Bad advice spreads fast during divorce. Some people swear by things they’ve heard online or picked up from friends who barely know the law. These stories often sound convincing, but they can hurt you in court or slow down your case. If you’re hearing divorce myths in Texas, it’s time to sort out fact from fiction before you make a costly mistake.
Myth 1: You Must Prove Fault to Get a Divorce
Texas allows both fault and no-fault divorces. You don’t need to show abuse, cheating, or cruelty to file. The state recognises “insupportability,” which means the marriage cannot continue because of conflict or disagreement that won’t improve. If you use this reason, the court won’t need to assign blame to either side.
But here’s the truth: Filing under fault grounds may help in some cases. If your spouse cheated or abandoned the family, it could influence the judge’s decisions on property division or custody. Still, most people use the no-fault option for a smoother process.
Myth 2: Mothers Always Get Custody
Many people believe Texas courts always favour mothers when it comes to child custody. That’s not true. The law puts the child’s best interest above everything else. Both parents start with equal rights to seek custody.
Judges often support joint managing conservatorship, which allows both parents to share rights and duties. One parent may get the right to decide where the child lives, but that doesn’t mean the other parent loses involvement. The court looks at many factors, including each parent’s ability to care for the child, stability, and involvement in their daily life.
Myth 3: You Can Deny Visitation if They Don’t Pay Child Support
Some people think they can block the other parent from seeing the kids if child support payments stop. That’s false and dangerous.
Texas treats support and visitation as two separate issues. One parent can’t use missed payments to withhold time with the children. Doing so can lead to legal trouble. If your co-parent owes support, the right step is to go back to court and report it. The court can enforce the order, garnish wages, or penalize the non-paying parent.
Myth 4: Property Automatically Gets Split 50/50
Texas uses community property rules. Most property acquired during the marriage belongs to both spouses and gets divided during divorce. That doesn’t mean everything gets cut exactly in half.
Judges aim for a division that is “just and right,” which could be equal or could favour one spouse, depending on the case. Factors like fault, unequal earning capacity, debts, custody, or health can influence how property gets divided.
Don’t assume a spreadsheet will solve the issue. If you have a business, large debts, or separate property mixed into joint accounts, division becomes more complex.
Myth 5: If Everything’s in Your Name, You Keep It
Many people think they own whatever is listed under their name. That’s not always true in Texas.
If you bought a house, car, or investment during the marriage—even if it’s only in your name—it may still count as community property. The same rule applies to retirement accounts, even if the account holder’s name is on the plan alone.
The exception is separate property. This includes anything you owned before marriage, gifts, or inheritances. You must prove the property is separate with clear records. If you mixed separate and marital property, it can be hard to sort out without legal help.
Myth 6: You Don’t Need a Lawyer for Divorce
While Texas allows you to file for divorce on your own, that doesn’t mean it’s always smart to do so.
Uncontested divorces without kids or property can work without lawyers, but even those can take a wrong turn if the paperwork isn’t filed correctly. If you have kids, property, debt, or disagreements, the process gets more complicated. Judges can’t give legal advice, and the court will hold you to the same standards as an attorney.
You may save money upfront by filing alone, but mistakes can lead to costly revisions or unfair results. In many cases, getting legal guidance early avoids long-term trouble.
Myth 7: Divorce Always Ends in Trial
Most divorces in Texas never reach a trial. Couples often resolve disputes through negotiation or mediation.
Courts encourage both sides to agree outside of court to save time and money. If you and your spouse can agree on property, custody, and support, you can submit your terms in writing. The judge can approve your agreement without the need for a lengthy courtroom battle.
Trial becomes necessary only when spouses can’t reach a fair compromise. Even then, most issues get settled before the final hearing.
Myth 8: The Richer Spouse Always Pays Alimony
Texas does not guarantee spousal support. You must meet certain conditions to qualify. The spouse requesting support must prove that they lack enough property to meet basic needs and meet at least one of the following:
- The marriage lasted ten years or longer, and the spouse tried to earn or train for a job
- The other spouse committed domestic violence
- The spouse has a disability or must care for a disabled child
Even when support is granted, it often comes with limits. Judges may order short-term support with a set end date, especially in shorter marriages.
Myth 9: Divorce Takes Years to Finish
Texas has a 60-day waiting period between filing and finalising a divorce. That doesn’t mean every divorce takes two months, but it doesn’t always take years either.
If both spouses agree and file the correct paperwork, the divorce could wrap up right after the waiting period ends. If there are fights over custody, property, or money, the case may last longer. Contested divorces can stretch for several months, but only the most heated cases reach the one-year mark or beyond.
Myth 10: You Can’t Date Until the Divorce Is Final
Technically, you remain legally married until the court finalizes your divorce. That means dating before the process ends can cause problems, especially in custody or fault-based claims.
Some judges may view dating during divorce as poor judgment, especially if it affects your parenting or appears to waste marital money. If your spouse files on grounds of adultery, your new relationship may work against you in court.
Still, many people begin new relationships while the case is pending. If you decide to date, take steps to protect your interests. Avoid introducing new partners to your children too early, and avoid spending shared money on gifts or trips.
Final Thought
Texas divorce myths spread fast, but believing them can slow down your case or damage your chances in court. Focus on facts, not fear. If you’re going through a divorce or considering filing, speak with someone who knows how Texas law really works. Don’t let rumours shape your next move.
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Divorce FAQs in Texas
Financial loss in a divorce can vary significantly based on numerous factors including the division of assets, spousal support agreements, and child support. Both parties may experience financial changes, and no single rule applies to every situation.
In Texas, the 10-year rule refers to a criterion for spousal support. If a marriage lasted at least 10 years, a spouse may be eligible for spousal support if they cannot provide for their minimum reasonable needs.
Protecting yourself financially in a divorce includes understanding your assets and debts, establishing separate finances, and potentially working with a financial advisor and attorney to navigate the division of assets and responsibilities.
exas recognizes several fault-based grounds for divorce, including adultery, cruelty, felony conviction and abandonment, among others, alongside no-fault divorce options.
No, the distribution of assets such as the family home depends on various factors including whether it is considered community or separate property, the presence of children, and any prenuptial agreements.
In Texas, the decision on who keeps the house in a divorce depends on factors such as the house’s classification as community or separate property, the best interests of any children involved, and agreements made between the parties.
Yes, the wife can keep the house in a Texas divorce if circumstances such as property classification, child custody considerations, or mutual agreements support this outcome.
Post-divorce support in Texas depends on factors like the duration of the marriage, each spouse’s financial resources, and other criteria set forth by the Texas Family Code
