Myths About Divorce
The divorce process in Texas is often misunderstood. The following are only some of many myths about divorce and explanations of why they are not accurate. I will get everything because my spouse …
The divorce process in Texas is often misunderstood. The following are only some of many myths about divorce and explanations of why they are not accurate.
I will get everything because my spouse cheated.
While adultery can play a role in a Texas divorce case, it does not automatically award everything to the non-cheating spouse. Instead, adultery will be considered as one of many factors when determining child custody, property division, alimony, and other issues.
Mothers are favored for full custody.
The idea that a mother is automatically the favored parent in a divorce is antiquated. Under Texas child conservatorship law, gender is not a factor that should be considered on its own when it comes to custody determinations and, unless there is a reason to find otherwise, joint custody is presumed to be in the best interests of the child.
My kids can choose to live with me.
Even if you believe you have a closer relationship with your children and that they would choose to live with you, your spouse still has parental rights to spend time with their children. Courts may consider the preferences of older children but only as one of many factors in a custody decision.
I can fight against a divorce.
It can be devastating if your spouse wants a divorce and you do not. However, there may be little you can do to stop a divorce. If your spouse files for a no-fault divorce, they do not have to prove misconduct or any other specific reason for wanting the divorce. If your spouse waits the required period of time and is of sound mind, the court will grant the divorce even if you do not want it.
Divorce is a hostile process.
There are certainly divorce cases that are full of hostility and become extremely adversarial. There are also many divorcing spouses who can cooperate and reach agreements to avoid the time and expense of battling it out in court. There are many tools to negotiate and help you reach an agreement without unnecessary hostility.
Call a Katy, Texas Divorce Attorney for Help
At The Vendt Law Firm, P.L.L.C. our divorce lawyer is ready to answer any questions you may have about divorce. We will guide you throughout the entire process, so please call our office today at (832) 276-9474.