7 Common Myths About Divorce Cases
Divorce proceedings are often surrounded by misconceptions, and the problem with some of these myths is the way they can lead to confusion and undue stress. Family law attorneys in Houston can help you get past the myths and understand how divorce cases actually proceed.
Ask Family Law Attorneys in Houston: 7 Common Myths About Divorce
1. Divorce Always Leads to a Court Battle
One of the most pervasive myths about divorce is that it invariably results in a contentious courtroom battle. While some divorces do end up in court, many are resolved through alternative methods such as mediation or collaborative divorce. These approaches can be less adversarial and often more cost-effective.
In mediation, a neutral third party helps the couple reach an agreement on various aspects of their divorce, including property division, child custody, and support. Collaborative divorce involves each party having their own attorney, but both parties commit to resolving their differences without going to court.
2. Mothers Always Get Custody of Children
Another common myth is that mothers are always awarded custody of children in divorce proceedings. Custody decisions in Texas are based on the best interests of the child, not the gender of the parent.
Courts consider various factors, including the child’s relationship with each parent, each parent’s ability to provide for the child’s needs, and the stability of each home environment. In recent years, there has been a significant shift towards recognizing the importance of both parents in a child’s life, which has led to an increase in joint custody arrangements.
3. Marital Assets Are Always Split 50/50
Many believe that in a divorce all marital assets are divided equally between the spouses. However, Texas is a community property state, meaning that marital property is divided in a way that the court deems “just and right” rather than simply 50/50. While this often results in a relatively equal division, it does not always mean a strict split. Factors such as each spouse’s earning capacity, fault in the marriage dissolution, and the future needs of each spouse can influence the division of assets.
4. Having a Lawyer Is Not Necessary for Divorce
In cases where the divorce seems straightforward, many people believe they don’t need a lawyer. While it is true that individuals can legally represent themselves in a divorce, this approach can lead to serious oversights, particularly in understanding legal rights and the implications of certain decisions. In complex cases, especially those involving significant assets, children, or potential disputes, legal representation becomes even more crucial to protect one’s interests. Find out more here about what a family law expert can do.
5. Child Support Is Only Based on the Noncustodial Parent’s Income
A widespread misconception is that child support calculations are based solely on the noncustodial parent’s income. In reality, Texas child support guidelines consider various factors, including both parents’ incomes, the number of children, and the specific needs of the children. These factors are used to establish a child support amount that is fair and meets the children’s needs. Moreover, child support is not a fixed number and can be adjusted over time due to changes in either parent’s financial situation or the needs of their children.
6. Adultery Guarantees a Favorable Divorce Settlement
Many people believe that if adultery is involved, the wronged spouse will automatically receive a more favorable settlement in the divorce. While adultery can be a factor in divorce proceedings in Texas, it does not guarantee any specific outcome. Courts may consider adultery when dividing assets or determining spousal support, but this is just one of many factors that are considered. The impact of adultery on the divorce settlement largely depends on how it affected the marital estate or the welfare of the children.
7. Assets in One Spouse’s Name Belong to That Spouse Only
There’s a common belief that any assets titled in one spouse’s name belong solely to that spouse. However, in Texas, the distinction between community property and separate property is more complicated than that. Community property, or marital property, is that acquired during the marriage, and it is subject to division upon divorce regardless of whose name is on the title.
Separate property includes assets that one party owned before the marriage or acquired as a gift or inheritance during the marriage, and this typically remains with the original owner, unless it’s been mingled too deeply with marital property. Distinguishing between the types of property can be far more difficult than it sounds and requires qualified legal assistance.
As you can see, there are many complications when it comes to divorce, and things rarely go as smoothly as either party plans or hopes. Even if you and your spouse are splitting amicably and have no substantial assets to divide, it’s still always in your best interest to hire your own lawyer to ensure nothing is overlooked.