Protecting What You Value Most

Common misconceptions about divorce

Misconceptions about divorce could lead people to make errors during the divorce process or to avoid filing for divorce altogether. It is important to understand that certain myths are untrue. For example, some people may assume that if they have separate bank accounts, those accounts will be considered separate property in the divorce. However, this is usually not the case. Most assets will be considered joint property subject to equal division in Texas.

There are also myths around child custody and alimony. Many people may assume that women will get custody and will be paid spousal support. Some men might not even bother applying for custody because their expectation is that it will not be granted. In fact, changing roles in marriage means that more fathers are caregivers for their children and might even be staying home full-time while the mother is the family breadwinner. Courts use the criteria of the best interests of the child to decide who will get custody, and it could be the father.

Some people may also make the mistake of thinking that the end of the marriage was entirely the other person’s fault or that divorce will solve all their problems. However, it is usually better to examine the underlying issues that led to the divorce. After a divorce, both financial and co-parenting issues could still cause problems.

Disentangling financially may not always be a straightforward process. The individuals might still have to pay off joint debt as part of the divorce agreement. They may want to sell the family home and split the proceeds, but depending on the state of the housing market, this could take some time. Parents may be able to address some of their concerns in the parenting plan, such as agreeing on certain expectations that will be consistent between households.