Have you ever had the experience of going to see a physician expecting a particular diagnosis only to find out the problem was something entirely different—perhaps an ailment you never heard of before? A similar dynamic holds for couples going through a divorce.
Often, Texans believe they understand the divorce laws because of what someone told them or gossip they overheard about a court ruling. This can result in unnecessary apprehension. It is important for everyone involved to dispel falsehoods about Texas divorce laws.
These are several common misconceptions about divorce in Texas
The first thing to understand about Lone Star divorce laws is that they intend to be humane and just. That recognition itself may help to dispel some misconceptions:
- Property is always not always divided 50-50. The court has the discretion to change this percentage. The same is true when it comes to child support. Also, Texas law does have provisions for spousal support (alimony).
- Minor children do not get to decide with whom they will live. Children 12 and older have the privilege of expressing their preferences, though the court decides on all matters relating to minor children.
- You do not have to have your spouse’s permission to sue for divorce, nor does either of you have to be “at fault.”
- Just because property or a business is in the name of one spouse does not mean it is not community property.
There are many more divorce myths
Divorce is a difficult reality experienced by many couples. Having false assumptions about the laws and procedures surrounding divorce can make the process even more distressful for everyone involved.