Divorce is one of the most difficult decisions a couple or family can face. In Texas, the legal process can be daunting, and what you think you know from movies or a friend’s experience might not be accurate. Relying on misinformation can lead to poor decisions that affect your future.
You need to be empowered by the truth. Let's debunk some of the most common myths about divorce in the Lone Star State.
Myth 1: The Parent Who Files First "Wins"
The Reality: While it's true that the person who files the initial petition is the "petitioner," this title does not grant them an inherent advantage in the eyes of the court. The legal process is designed to be fair and equitable for both parties. Whether you are the petitioner or the respondent, your rights are equal, and the court's focus is on reaching a "just and right" division of assets and a custody arrangement that is in the best interest of the child.
Myth 2: The Mother Always Gets Primary Child Custody
The Reality: Texas law is clear: gender is not a factor in determining child custody, or as it's known in Texas, "conservatorship." The court's sole guiding principle is the "best interest of the child." This means a judge will consider a wide range of factors, including the emotional and physical needs of the child, the stability of each parent’s home, and each parent's ability to provide a safe and loving environment. Fathers have just as much right to seek primary conservatorship as mothers.
Myth 3: Everything is Split 50/50
The Reality: Texas is a community property state, but this does not automatically mean a strict 50/50 split of all assets and debts. The law requires a "just and right" division. In some cases, this may be an equal split, but a court can make an unequal division based on factors such as:
The fault in the breakup of the marriage (e.g., adultery or cruelty)
The earning capacity of each spouse
Who is serving as the primary caregiver for the children
Any wasteful spending or "fraud on the community" by one spouse
Separate property, which is anything owned before the marriage or received as a gift or inheritance, is not subject to this division.
Myth 4: You Must Prove Fault to Get Divorced
The Reality: Texas is a "no-fault" divorce state. This means you can get a divorce simply by citing "insupportability," which is a legal way of saying the marriage has become insupportable due to discord or conflict without a reasonable expectation of reconciliation. While you can file on "fault" grounds like adultery or cruelty, doing so is not necessary and can often make the process more contentious and costly.
Myth 5: You Have to Be Legally Separated First
The Reality: Unlike some other states, Texas does not recognize legal separation. A Texas divorce requires a mandatory 60-day waiting period from the date the petition is filed, but living apart does not create any formal legal status. Any income or debts accumulated while living apart but before the final divorce are still considered community property.
Ellis County and Navarro County Divorce Attorney Ready to Help
Navigating a divorce is complex, and the choices you make can have lasting consequences. Don't let common myths or well-meaning but ill-informed advice guide your path. It is essential to work with a legal professional who can provide accurate, compassionate guidance tailored to your unique situation.
If you are in Texas considering divorce, please don't hesitate to reach out. The Law Office of Michael J. Crawford is here to help you understand your rights, protect your interests, and navigate the divorce process with confidence and clarity.
Contact our office today at (214) 903-7722 for a consultation.