Divorce in Texas: Probably not what you think it is

Many people think they know what a Texas divorce looks like, but much of that “knowledge” comes from Texas divorce myths. Stories passed around often paint a misleading picture. Divorce isn’t always about losing half your stuff or facing a nightmare. Understanding the truth can ease some of the stress and help you see the real process more clearly.

Myths About Divorce in Texas

Many people base their understanding of divorce on myths, and those myths often distort the truth. One of the most common misconceptions is that property will always be split 50/50. This idea causes unnecessary stress for many individuals preparing for a divorce.

In Texas, the Family Code sets guidelines for how property gets divided, but it doesn’t demand an even split. Instead, courts divide property in a way that is “just and right.” That means many factors influence how assets are shared, and a straight 50/50 split rarely happens.

Property Division – It’s Not Always Even

Texas law follows the concept of “just and right” division when it comes to property. Courts look beyond the idea of equal division, focusing on what makes sense for the situation.

Several factors shape the decision. Judges may consider fault in the breakup, the wasting of community resources, or family violence. These elements can lead to one spouse receiving more than 50% of the community property. Judges also consider financial situations, including who will care for the children. In some cases, one spouse may receive a larger portion to better support the kids or manage the household after the divorce.

Community vs. Separate Property

Understanding the difference between community and separate property is key in a Texas divorce. Community property includes anything you or your spouse acquired during the marriage, like income, real estate, or personal items. This property is generally subject to division.

On the other hand, separate property is anything you or your spouse owned before the marriage. Inherited or gifted items also fall under this category. Texas courts will not divide separate property, but you must provide clear proof of ownership. For instance, if you claim a house is separate property, you must trace its history to show it was yours before the marriage.

Valuing Assets and Debts During Divorce

Valuing property during a divorce often presents challenges, especially for unique items like family businesses, antiques, or retirement plans. Unlike common household items, these assets require careful valuation by professionals. You and your spouse may need to hire experts to assess the true value of such property.

Dividing debt is just as important as dividing assets. The court will look at your debts and ensure both parties share responsibility. This step is crucial for protecting your credit score during and after the divorce. Keeping up with bills and paying off debt on time will help preserve your financial health once the process concludes.

Debunking Financial Myths

Many myths circulate around the topic of debt division in a divorce. One common belief is that the higher-earning spouse automatically takes on all the debt. This isn’t true. Texas courts handle debt division the same way they deal with assets—using a “just and right” approach based on the couple’s unique situation.

Temporary orders often play a critical role in clarifying who handles which financial responsibilities during the divorce. These orders ensure that bills get paid and that one spouse doesn’t unfairly shoulder all financial burdens while waiting for the final decision. The court considers both parties’ income, debt, and overall financial situation when assigning responsibility.

After the divorce, debt can still affect both parties’ financial health. Failing to address debt properly during the divorce process may damage your credit score and create lasting financial problems. It’s essential to stay on top of payments and protect your financial future, even after the legal process is over.

Conclusion

Divorce in Texas isn’t as straightforward as many myths suggest. The reality involves a more thoughtful and tailored approach based on individual circumstances. Understanding the legal process and separating fact from fiction will help you navigate the challenges ahead. Seeking professional advice ensures you take the right steps and stay informed throughout the process.

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Other Articles you may be interested in:

1. What is and Why do I need to do Discovery in my Texas Divorce?
2. You’ve filed your Divorce… now what? The “Discovery Process” and why it’s important
3. 6 things You Need to Know Before You File for Divorce in Texas
4. I Want a Texas Divorce but My Husband Doesn’t: What can I do?
5. Am I Married? – Marital Status in Texas
6. Can I sue my spouse’s mistress in Texas?
7. 6 Tips – On How to prepare for a Texas Divorce
8. Roadmap of Basic Divorce Procedure in Texas
9. 6 Mistakes that can Destroy Your Texas Divorce Case
10. Does it Matter who Files First in a Texas Divorce?

Law Office of Bryan Fagan, PLLC | Spring Divorce Attorneys

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Spring, TX Divorce Attorneys right away to protect your rights.

Our divorce attorneys in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals.

Bryan Joseph Fagan( Attorney )

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.