When I consult with new clients about divorce in Texas, I frequently come across a multitude of misconceptions regarding how property and other aspects are handled. These misconceptions can often lead to confusion and unnecessary stress. To provide clarity and debunk these myths, I have compiled a list of common misconceptions that I frequently encounter during consultations.
Myth 1: Divorce Can Be Denied
Contrary to belief, a spouse cannot unilaterally deny a divorce. The other party can delay the divorce process, but if one party desires a divorce, it will ultimately be granted.
Myth 2: Fault is Necessary for Divorce
No-fault divorces have become increasingly prevalent and legally accepted in the state of Texas. This significant shift in divorce proceedings marks a departure from the past when fault was a mandatory requirement to initiate the divorce process.
Myth 3: Children Choose Their Living Arrangements
In Texas, children under 18 cannot decide their living arrangements, regardless of age or gender. However, judges may consider their preferences from age 12, but it’s not decisive.
Myth 4: Children Can Refuse Visitation
Until they turn 18, children must follow the court-ordered visitation schedule.
Myth 5: Living Together Equals Common Law Marriage
Agreement to be married, living together as spouses, and representing yourselves as a married couple are requirements for common law marriage in Texas.
Myth 6: Common Law Divorce Exists
There is no separate process for divorcing from a common law marriage; the standard divorce process applies.
Myth 7: Joint Custody Means Equal Time
In Texas, joint conservatorship (not custody) does not guarantee equal physical possession of children.
Myth 8: No Child Support with Joint Custody
Even in joint conservatorship situations, child support can be ordered by the court based on the children’s best interests.
Myth 9: 50/50 Property Division
Texas law mandates equitable, but not necessarily equal, division of property in divorces.
Myth 10: Adultery Leads to Losing Everything
Adultery might influence property division but doesn’t typically affect custody or spousal support significantly.
Myth 11: All Assets Are Community Property
Not all assets acquired during a marriage are community property; some may be considered separate property.
Myth 12: Property in My Name is Separate
Ownership in one’s name doesn’t automatically classify it as separate property in Texas divorces.
Myth 13: My Income, My Property
Income earned during the marriage is considered community property, regardless of the earning spouse.
Myth 14: Texas Doesn’t Award Alimony
Texas law does provide for temporary and post-divorce support under certain conditions.
Myth 15: Businesses Aren’t Marital Property
Businesses acquired during the marriage can be considered community property and subject to division in a divorce.
Conclusion
Misunderstandings about divorce laws can complicate proceedings. Hence, it’s essential to understand the realities of Texas divorce law to navigate this challenging process effectively. For more detailed information, refer to our specialized blog articles and free e-books available on our website.
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Other Articles you may be interested in:
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- 10 Texas Divorce Myths You Might Have Heard From Friends, Neighbors, and Relatives
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- In Texas, is it legal for my child’s mother to keep them from me?
- Does my 18 year old child still have to go with their other parent on the weekend for court ordered visitation in Texas?
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.