Divorce can be a trying process. It can be especially confusing and hurtful when misinformation and myths taint your outlook on divorce. To protect your mindset, there are some myths you must stop believing now.
1. My Spouse Is At-Fault, So I’ll Walk Away With Everything
We know this is an emotional time. It’s normal to want to retaliate against someone who hurt you. Yet, in Texas, marital property belongs to both you and your spouse—no matter who’s at fault. Trust that the court will work to divide your assets equitably and fairly.
2. The Court Always Favors the Mother When Making Custody Decisions
The court will do what they feel is in the best interest of the child. In many cases, the mother has been the primary caregiver for the child, resulting in the mother being chosen for custody. Yet, the court doesn’t favor one party over the other. Instead, they’ll consider all facts before making a decision.
3. Keeping Property in My Name Will Protect It From Division
Separate property is property you acquired before the marriage. While it may be protected in divorce, you risk losing it if you commingle it with marital property. For example, if you use your inheritance to purchase your marital home, those funds are no longer separate.
Regardless of whose name is on a title or loan, you’ll still have marital interest. It’s up to the court to decide how to divide all marital property.
4. I Need My Spouse’s Approval Before Getting a Divorce
Many years ago, the court required you to have spouse approval before getting a divorce. Now, one spouse can file for a contested divorce. There is no legal requirement stating your spouse must agree to the divorce for the court to grant it.
5. I Can Get Divorced Without the Help of an Attorney
Many DIY solutions exist in the legal industry, especially for divorce. Yet, divorces are difficult and complex situations that require a professional to best protect your interests. A divorce attorney can help you decide which steps are best for you to take and fight on your behalf.
Questions About Divorce? Let the Schneider Law Firm Team Help.
Each divorce is unique. You need the support of a professional attorney who can help protect you. To learn more about your divorce or to speak with an attorney, give our Arlington law firm a call at 817-799-7125 or send us a message.