Demystifying 4 Prevalent Divorce Myths in Texas

1. Demystifying 4 Prevalent Divorce Myths in Texas A plenty of factors to be considered before the dissolution of marriage is approved which make divorce mentally, emotionally, and financially taxing. The spouses are not acquainted with the legal factors governing a divorce that either leads to frustration or unnecessary delays. Moreover, as the couples try to dispose of the process single-handedly without consulting attorneys or divorce lawyers, they tend to believe on many prevalent myths about the process. The blog post debunks four such myths related to divorce to ensure that reaching a divorce approval doesn’t transform into a hassle. 1. Visitation can be Denied on Failure to Pay Child Support The conservator of the child cannot deny the other parent from seeing the child, even in the cases of non-payment of child support. The obligation of child support payment and possession of the child are two distinct processes. If a parent fails to pay the child support, the attorney general or private attorney may enforce paying the child support and seek a jail term for the non-paying spouse. If a spouse intermixes the clauses and withholds the other spouse from visiting the child, it is a punishable act in the Texas divorce laws. 2. Division of Property follows the 50-50 Rule Property divisions in Texas follow the just and right division method, which is accountable for the disproportionate divisions of assets. The process begins with identifying the assets and demarcating them as community and separate properties. Community property consists of the assets acquired during marriage except for gifts and inheritance. Separate property includes the assets acquired before the marriage or the ones acquired as gifts during the marriage. Texas Court decides the disbursement of property during the divorce proceedings taking into account the individual needs of each spouse, the amount of separate property and additional factors like presence or absence of children. 3. Only Women are Eligible for Spousal Maintenance Texas courts do not have a provision for gender edge while deciding the terms of spousal maintenance. In fact, a there is a complete set of factors governing spousal maintenance. Post-divorce, court awarded maintenance can be given only under limited situations such as:  The spouses need to be married for a period of 10 years and the one seeking maintenance needs to furnish the proof of lack of funds, physical disability or the factors hindering their employability.

2.  A spouse is eligible for maintenance if they get the custody of a child with a physically or mentally debilitating disorder, which prevents them from seeking employment.  A spouse convicted of family violence two years prior to filing the divorce or while the divorce is pending is liable to offer maintenance to the victim spouse, irrespective of the duration of the marriage. 4. Only Texas Marriages can Dissolve in Texas State divorce laws may vary across the US, and a couple needs to understand the local laws that may impact the divorce proceedings. A couple needs to meet specific residency requirements for a particular state with the help of a divorce lawyer before the filing of a divorce. In Texas, a couple can request for the dissolution of a marriage, irrespective of the state they were married, provided they were residents of Texas for at least six months. The Way Forward Whether it’s a mutual divorce or highly contested one, lack of knowledge about the legal proceedings may delay the grant of divorce. A divorce lawyer has an extensive knowledge and experience of the Texas family laws. Hiring an experienced divorce lawyer will ensure a quick disposal of the divorce proceedings.