Divorce is a confusing and tumultuous time for you and your family. And when you’ve never gone through it before, it’s easy to believe pretty much everything you hear or see on television. Even the people around you who think they know all the ins and outs rarely do — which inevitably breathes new life into a slew of divorce myths that sound true but are often overblown or don’t represent most cases.
Since protecting our client’s best interests is priority No. 1 at Christman Ramsey & Foster, PC, we wanted to share a few of the more common myths and misconceptions about divorce that can send you and your family down the wrong path if you’re not careful.
5 Common Divorce Myths
Myth #1 — Divorce is always someone’s fault
This is definitely one of the bigger divorce myths we love busting. While many couples point the finger at each other for various legitimate reasons (adultery, spousal abuse, financial distrust, etc.), others say their reasons are more complicated. In some situations, no one is to blame. Both spouses simply can’t get along because of personality conflicts that can’t be overcome or because of too much arguing. Texas classifies its “grounds for divorce” as either no-fault or at-fault for this very reason.
Myth #2 — My divorce case should be settled in a few days or weeks
Even the most nip-and-tuck divorce cases won’t be decided in a few days or weeks. For starters, Texas has a 60-day waiting period after you or your spouse file the divorce petition. From there, how long your divorce takes depends on your unique situation. One case could involve a couple with limited assets willing to find a peaceful resolution. Another could start amicably only to break down over custody decisions and who gets to keep the house. There are also cases where there’s seemingly no end in sight; millions of dollars in marital assets need to be divided, kids are stuck in the middle, and the parties involved aren’t on speaking terms.
Myth #3 — All divorces are ugly and go to trial
Divorce myths like this can be blamed on sensationalized scenarios in movies and the news. The reality is marriages end peacefully all the time and don’t always reach a courtroom. They never get talked about because, well, where’s the drama in that? If you don’t mind working together, collaborative divorce helps couples peacefully negotiate all the terms of their divorce (debt division, custody, spousal support, property division, etc.) in a neutral setting with their attorneys present.
Myth #4 — Your marital property will be split 50/50
Texas classifies itself as a community property state. This means property acquired during your marriage (with a few exceptions) is presumed to be equally owned by both spouses and must be divided when the marriage ends. Many people assume there will be a 50/50 split between spouses. In reality, it is the court’s responsibility to divide everything in a manner that is “just and right” for both parties. The court considers several factors, and you can read about those by clicking here.
Myth #5 — Moms always win child custody and receive spousal maintenance
While many moms are awarded primary custody of their children, this isn’t a guarantee. The court will always base its decisions on the facts of each case and what is in the best interest of the child. In many cases, that may mean the dad is awarded custody.
Interested in learning more about the attorneys of the Christman Ramsey & Foster, PC? Visit our team page.
We offer divorce services ranging from mediation and child custody to client advocacy, and more. Our mission is to provide our clients with long-range perspectives and outstanding legal advice that help them rebuild their families after marital dissolution. Some cases require aggressive advocacy, while others require patience, de-escalation, and diplomatic solutions. Especially when children are involved, we help the client develop and execute the best strategies to avoid leaving a wake of destruction — the brunt of which falls largely on the innocent and impressionable children of divorce.
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