4 common misconceptions about divorce

| Jul 22, 2021 | Divorce Law, Family Law, Property Division

If you are facing the end of your marriage, you may hear many different things about divorce from the people around you. However, these messages may not necessarily be true.

What common myths and misconceptions might you hear about Texas divorces?

Misconception 1: Property will be divided 50/50 between me and my spouse.

While married couples generally have equal ownership of any property in their marital estate, the division of that property may not be strictly equal.

Instead, the court divides property based on what is “just and right” for the couple, considering each spouse’s earning capacity, their custody arrangement, any inheritances that they will receive in future and other factors.

Misconception 2: Spousal maintenance favors one sex over the other.

While maintenance (sometimes known as alimony) may be associated with women, the truth is that either spouse can receive this financial support under Texas law.

Misconception 3: Someone must be at fault in a divorce.

While people have many different reasons to end their marriage, adultery, abandonment and other fault grounds do not have to exist in order for a couple to file for a divorce.

Texas law recognizes no-fault divorces, meaning that you and your spouse can go your separate ways without one party being considered at fault for the divorce.

Misconception 4: My divorce will look like the divorce of my friend or family member.

Just as every marriage is unique, every divorce will be different, and the legal strategy that worked for someone you know may not be the right fit for you. This makes it particularly important for people to discuss their unique needs and the needs of their family with an attorney who can build the right legal strategy for them.