Texas Divorce Myths

Dallas Family-Law Attorneys Helping People Navigate Divorce Actions

Most people do not delve into divorce entails until they are faced with the prospect of ending their marriage. As such, there are many misconceptions surrounding the process and each party’s rights and obligations. Unfortunately, Texas divorce myths can cause people to make decisions based on false assumptions, complicating the divorce process. If you are seeking insight into the reality of divorce proceedings under Texas law, it is in your best interest to contact an attorney. The assertive Dallas divorce attorneys of McClure Law Group can inform you of your options and help you to pursue the best legal result possible under the facts of your case.

Texas Divorce Myths You Can Obtain a Quickie Divorce in Texas

One prevailing myth is that Texas allows for quickie divorces. While it is true that the Texas Family Code (the Code) permits courts to issue final divorce decrees after sixty days have passed since the filing of a divorce petition, in reality, the courts rarely dissolve marriages that quickly. For most divorces, the process typically takes several months, if not years, during which the court will determine what constitutes an appropriate division of assets and debts, resolve any child custody issues, and address any other disputed matters. There are exceptions to the sixty-day rule, however, for cases involving family violence.

Fault-Based Divorce Is the Only Option

Another common myth is that fault-based divorce is the only option in Texas. In reality, Texas is a “no-fault” divorce state, meaning that couples can seek a divorce without proving fault or assigning blame to either party. The most common ground for divorce in Texas is “insupportability,” which means that the marriage has become intolerable due to conflicts or disagreements between the parties that cannot be resolved.

Property Division Is Always a 50/50 Split

Many people believe that Texas law mandates a 50/50 split of marital property in divorce cases. While Texas is a community property state, which generally means that most assets acquired while a couple is married belong equally to both parties, it does not necessarily mean that marital property will be divided equally. Instead, per the Code, the courts must distribute community property in a manner that is “just and right.” This means that the courts have the discretion to consider various factors when dividing assets, including the earning capacity, financial contributions, fault in the breakup of the marriage, and the best interests of any children involved.

Mothers Always Get Primary Custody

A dominant belief in Texas is that mothers automatically receive primary custody of the children in divorce actions involving children. Texas law emphasizes the importance of the child's best interests in determining custody arrangements, however, and gender is not a relevant factor in custody decisions. Instead, the courts evaluate various factors, including the child's relationship with each parent, the ability to provide a stable and nurturing environment, and if the child is old enough to make a reasoned decision, the child's preferences when determining parental rights. The goal in any divorce action involving a custody dispute is to ensure the child's well-being and maintain a meaningful relationship with both parents whenever possible.

Spousal Support Is Guaranteed People also mistakenly believe that spousal support, also known as alimony, is guaranteed in a Texas divorce. In reality, the courts consider various factors, such as the length of the marriage, the financial resources of each party, whether the party from whom support is sought engaged in domestic violence, and the requesting spouse's ability to support themselves, when determining whether to award support, and will only grant spousal support in certain circumstances. Consult a Capable Dallas Attorney

Texas divorce myths can cloud people’s understanding of the divorce process and potentially lead to misguided decisions, and it is crucial to separate fact from fiction when considering ending a marriage in Texas. The seasoned Dallas lawyers of McClure Law Group are proficient at obtaining favorable outcomes in divorce actions, and we can provide you with accurate information and guidance as to what measures you can take to protect your interests in a divorce action. Our primary office is in Dallas, and we are available to meet clients for appointments at our Collin-County office in Plano. We routinely represent parties in divorce matters in Dallas, Fort Worth, Rockwall, Frisco, McKinney, Irving, Richardson, and Garland. We also assist people with family-law issues in cities in Dallas, Collin, Denton, Rockwall, Tarrant, and Grayson Counties. You can contact us by calling 214.692.8200 or using our form online to set up a confidential consultation.