You have decided to file for divorce. What’s next? In Texas, you don’t need your spouse’s consent for the divorce. Even if your spouse decides to contest your decision later, you can initiate the proceedings. People often have weird and unbiased ideas about getting divorced in Texas. Instead of trying to understand family law in detail, you can consider hiring a divorce lawyer in Houston who can answer questions that are pertinent to your circumstances. In this post, we are debunking common myths about divorce in Texas.
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#Myth 1 – You need a reason to file for divorce
Texas allows for both no-fault and fault-based divorces. In other words, you don’t have to accuse your spouse of marital misconduct to get divorced. You can state the “irretrievable breakdown” of the marriage as a reason, and it would be enough for the court. If you served the original petition to your spouse as legally required and they choose not to respond to that, you can get a default divorce.
#Myth 2 – Assets will be divided equally
Texas is a community property state. All assets and debts acquired during the marriage would be considered for division. However, equitable division doesn’t mean equal in many cases. Various factors can influence the court’s decision, including the economic realities of both spouses. If you still fear losing your hard-earned money, talk to an attorney.
#Myth 3 – Only the woman can ask for alimony
Not true at all. Either spouse can seek alimony, which is also called maintenance in Texas. You can get spousal support depending on the circumstances. An attorney can advise you on whether you can consider that aspect. For instance, if you were a stay-at-home spouse for most of the marriage, you can ask for maintenance support.
#Myth 4 – Hiring an attorney is always expensive
Yes, divorce lawyers usually charge by the hour. However, the cost of your divorce depends on you. For example, if yours is an uncontested divorce with no conflict, the lawyer may even charge a flat fee. Contested divorces always cost more. Your eventual goal should be about settling things amicably with your spouse.
#Myth 5 – Only the mother can get child custody
This is not true anymore. The court will consider the “best interests” of the child to decide on custody matters. If you can resolve this issue with your spouse outside of court, you don’t have to wait for a decision.
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