The power of the internet is that it makes information more available to more people. It used to be that human beings struggled with approaching situations from the perspective of gaining information. We would wonder about a particular subject because no one that we knew had any information on it.
True enough, we could access libraries and books to provide us with a basic amount of information. However, the limitation of books is that they can only tell us so much about a particular subject. If facts or circumstances evolved, as they certainly do, the information listed in a particular book would be outdated.
Another issue with obtaining information in the past days was the unreliability of the information available to you. Much of the time we relied upon the advice or perspective of a family member. While using family members to gain information is certainly a time-honored tradition, it is not something that always results in the best information being passed down. Rather, you were limited to the perspective of your loved one. If he or she had limited information then the information you received was likely going to be deficient.
With the internet, we typically do not suffer from a lack of information any longer. However, one subject that we continue to struggle with is the unreliability of that information. There is no internet moderator to keep the opinions of authors in check. Therefore, you need to take what you read online with a grain of salt. In today’s blog post from the Law Office of Bryan Fagan, we will share with you information that debunks various myths about divorce in Texas.
Myth #1: Texas is a no-fault divorce state only
A few generations ago, Texas embraced the theory of no-fault divorce. This was a game-changing development. Previously, it was only possible to get divorced based on establishing a handful of various fault grounds. Examples of these fault grounds would be adultery, cruel treatment, and abandonment.
While these fault grounds continue to exist, Texas allows you to divorce for no reason beyond a disagreement or conflict in personality. One of the major impacts this change has had on divorce in Texas is that it is much easier to get a divorce. Instead of having to justify to a court that a particular fault ground applies all you need to do is say that you and your spouse can no longer get along. This is a low bar to clear.
However, fault grounds for divorce are still very much relevant in the world of Texas divorce. A petitioner or counter-petitioner may allege a fault ground in their petition or counter-petition. From there, if you are successful in proving your fall ground you gain certain advantages in the divorce. For example, you may be able to when a disproportionate share of your community estate or better child custody terms.
Fault grounds guarantee no particular result in divorce
At the same time, you should not assume that a particular fault ground guarantees you a guaranteed result. Many people walk into the Law Office of Bryan Fagan and talk to our attorneys about their cases. A major assumption people make is that just because adultery was part of your marriage you will be able to walk out of the divorce with whatever you want. That is simply not true. The fault ground not only needs to be proved but it also must be shown to have had a substantial impact on the marriage. This is a higher bar to clear.
In any event, if you believe that a fault ground for divorce is necessary in your case then speak to one of our attorneys. The attorneys with the Law Office of Bryan Fagan are skilled at helping families like yours manage the difficulties of a contested divorce case. Additionally, our attorneys can help you effectively argue and prove a fault ground for divorce.
The effect of fault grounds on the division of property
One of the most profound areas where divorces are impacted by fault grounds relates to the division of marital property. The method that family courts in Texas utilized to divide marital property is based on a just hand-right division. Please note that this does not always mean equal division. Another myth that we see in Texas is that marital property is always divided right down the middle. This is also false.
Rather, family courts attempt to divide property in a manner that is just and right. Adjust and right division of property has more to do with equity than with equality. Equity is a synonym for fairness. This means that the judge will attempt to consider all the circumstances of your case before dividing property. Do not walk into your divorce with an assumption that the court will automatically divide property right down the middle. Doing so puts you in a bad position.
If you can prove a particular fault ground a court is more likely to award you a disproportionate share of your marital property. The disproportionate share means that you would receive more than half. Or, that you would receive more than your “fair” share absent the fault ground being introduced. For this reason, it is essential that you can not only allege a full ground but be able to prove it to a court. Your ability to do so greatly increases your chance of a disproportionate share of property being awarded to you.
Myth #2: mothers always win primary custody of children
One of the most pervasive and damaging meets associated with divorce in Texas relates to custody of children. Child custody refers to the rights, duties, and possession periods of parents concerning their children. Child custody is not a term utilized in the Texas family code. Rather, the correct term is conservatorship. However, parents, attorneys, and even judges utilize custody as a more informal reference to these subjects.
Mothers always winning custody disputes is a long-standing myth. This is not to say that the myth is not based on some degree of truth. In decades past, there may have been a preference for mothers when it comes to assigning visitation rights. We can all speculate or hypothesize as to why this is. However, the myth exists for a reason.
In Texas, the law does not favor or disfavor either parent based on their gender. No preferential treatment is given to mothers or fathers in child custody cases. Rather, preference tends to be given in custody circumstances to the best interests of your child. The best interests of your child are served by maintaining consistency and stability in their lives. When a mother has primarily fulfilled the duty of primary conservator throughout the child’s life this is likely what a court would continue to maintain during a divorce.
This is not to say that fathers cannot win primary custody. Fathers who have played an active and vital role in the lives of their children are just as capable of winning primary custody. Mothers and fathers should both consider hiring an experienced family law attorney to put their best foot forward and make the best case for themselves in a custody setting.
Preparing for custody negotiations as a father
Since the myth of mothers always winning primary custody affects fathers predominantly we will spend some time discussing how to prepare for a custody case from a dad’s perspective. In truth, there is no difference between preparing for a custody circumstance as a mother or father. The reason for this is that your past as a parent greatly determines your future in a divorce case. The reason is that courts tend to look backward and see how your performance and history as apparent matters.
In short, the more active and involved you have been as a parent previously, the more likely you are to be named as the primary parent in a divorce. What this should tell you is that much of the work regarding preparing a primary custody case has been done for you already. If you have been an active and involved father in the life of your child, then you stand a great chance of winning custody on a primary basis. The less involved you have been the less likely it is that you will win this designation.
That doesn’t mean that you will never be able to spend time with your children. Fathers typically play a major role in the life of their children. This is true even if you are not named as the primary conservator of your child. Additionally, modifying a court order is also possible in the future. Remember that each day in each opportunity brings you the ability to grow as a parent.
Myth #3: divorce leads to the courtroom
Many of you reading this blog post have likely delayed filing a divorce due to this myth in particular. None of us like to do unpleasant things. Many of us tolerate doing an unpleasant thing because they are in our best interests. This is likely your mindset as you consider a divorce. You don’t particularly want to go through with the divorce. However, you realize the divorce is in your best interest and that of your family. As a result, you plan to move forward in the case.
One of the more frequently cited reasons why divorce is delayed relates to the need to go to court. The idea of ending your marriage is difficult enough as it is. That you would have to take your case to the courtroom to decide matters makes it even worse. A judge deciding issues about your children and your finances is unsettling for many people. As a result, you may choose to delay indefinitely the divorce that you are seeking.
If this is your situation then you need not delay any longer. While hearings and trials are not unheard of in family court, they are far from the norm. Rather, families like yours are more likely to resolve their disputes through negotiation rather than in court. Family courts set up processes to encourage and in some state cases mandate negotiation over litigation. A good example of this in practice is mediation.
Mediation as an extension of negotiation
Mediation involves taking your case before an experienced family law mediator. This is a circumstance where you and your spouse prepare to negotiate with an experienced mediator. Mediation frequently takes place at the office of the mediator. The mediator is usually a former judge or currently practicing family law attorney. As part of mediation, the mediator will ask questions and receive feedback about various subjects in a divorce.
The mediator’s job is to help you and your spouse arrive at an equitable settlement. Most family courts require mediation to take place both before temporary order hearings and trials. The timing of mediation matters. You and your spouse know that if you are not successful in settling your case in mediation a trial will soon be upcoming. This encourages the negotiation process. Eliminating distractions and attending mediation increases the likelihood of a settlement dramatically.
However, it is not sufficient to simply show up to mediation and expect a settlement. Rather, you and your spouse need to prepare diligently for the process. Sharing information, collaborating before mediation, and deciding upon the key issues are all important. Working with an experienced family law attorney allows you to focus on these subjects to make the most of your mediation experience.
What should you do about these myths?
Now that we have covered these myths in detail, you can do something about them. Understanding that there are myths in the world of divorce is empowering. However, the next step in the process is to use that knowledge to your advantage.
Begin by preparing for your case considering these myths. As a father, if you know that you have a good chance to win primary custody of your children you should prepare in this way. Do not go into negotiation thinking your wife will win primary custody. Rather, be ready to come forward with evidence that tends to show your suitability for this role. This includes providing information about your employer, flexible work hours, and a history of parental involvement in things of this nature.
By taking action on these myths, you are providing yourself the greatest advantage in your divorce case. Putting action on any of this information can be difficult. There is still the matter of learning and developing a case strategy. What should your first move be? How do you begin a divorce in Texas? From there, what steps do you need to follow to negotiate a successful settlement? These are questions that are not as easily answered online. Rather, seeking the perspective of a family law attorney is the next step in the process.
The benefits of a consultation with the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan thank you for joining us today here on our blog. We understand that information is available on the Internet. However, we believe that the information provided here in this blog post is especially reputable. We not only possess a great deal of knowledge regarding Texas family law but also have the experience you need to put that knowledge into practice.
Our attorneys work with clients every day of the week building cases for them and their families. We would be honored to do the same for you moving forward. A consultation with one of our attorneys allows us to learn more about your circumstances. Once we know what matters most to you in a case it is possible to start goal setting. Our attorneys help you build a particular set of goals and strategies for your case. We do not simply copy and paste the template from another client onto your case.
A consultation with the Law Office of Bryan Fagan is also efficient. We have physical office locations in all the major metropolitan areas of Texas. This means you are never far from our attorneys. Setting up a consultation at no cost is a breeze. Simply go online to schedule your consultation on our website. The entire process takes mere minutes. The potential benefit to you and your family is significant.
Final thoughts on Texas divorce myths
Just because a divorce myth exists does not mean that it is bound to become your future. Take your case into your own hands and do something about it. Thank you for joining us today on the blog for the Law Office of Bryan Fagan. We post unique and informative content about Texas family law every day.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan 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. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
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.
