Common Misconceptions About Divorce & Family Law

When you entered your marriage or started a family, you probably never thought divorce would be in the cards. We all do our best with the hand we’re dealt, and divorce and other family law issues are nothing to be ashamed of. No matter the challenges you’re facing, you deserve to begin your next chapter of life with your rights protected and your head held high.  

There are numerous myths and false assumptions about divorce and family law—and buying into them can create deeper rifts and tougher obstacles between you and the future you envision for your family.  

For this reason, it is important that you know the truth and can separate fact from fiction when navigating a divorce. Family law attorney Robin Scott is dedicated to delivering facts to clients with compassion and helping them get through what may be the most difficult period of their life. Her firm—Robin Scott Law Firm, PLLC—is located in Spring, Texas, but also serves Montgomery, Fort Bend, and Harris counties.  

Debunking the Common Misconceptions About Divorce and Family Law

When ending your marriage, you need to realize that not everything you heard about divorce is factual. Misconceptions can add to the stress and make the process of ending your marriage more stressful than it already is. Many of the concepts you believe to be true—which you might have read on the Internet or heard from your friends or coworkers during water cooler chats—may be completely fictitious. Below are some of the most common myths and misconceptions about divorce and family law:   

“You Must Prove Fault to Get a Divorce in Texas.”

No, there is no requirement in Texas to prove the other spouse’s fault to get a divorce. Texas is a no-fault divorce state, which means parties can end their marriage on the ground of ‘insupportability’ without the need to prove that anyone did anything wrong during the marriage.  

“Failure to Pay Child Support Will Limit Visitation.”

This misconception has created so many legal problems for custodial parents in Texas and around the country. What people do not realize is that child support is a completely separate issue from visitation. Thus, if the non-custodial parent does not pay child support, the custodial parent does not have the right to limit or withhold visitation.  

And vice versa: If the custodial parent withholds visitation, that does not mean the non-custodial parent can stop making child support payments. If one parent fails to comply with a child support order, the most appropriate way to deal with the situation may be to take legal action and ask the court to enforce the order.  

“Women Always Get Child Custody and Receive Alimony.”

Many people mistakenly believe that courts are biased against fathers and men in child custody and spousal support cases, respectively. However, in Texas, it is illegal for judges to discriminate based on gender when it comes to awarding child custody, alimony, or deciding on any other family law matter.  

Instead, Texas judges must always consider the best interests of the child when making custody decisions. As for spousal support, courts consider both parties’ income, employability, the quality of life established during the marriage, and many other factors to determine who should get alimony.  

“All Assets Will Be Split 50/50 if You Get Divorced.”

While Texas is a community property state where property acquired during the marriage belongs equally to both spouses, 50/50 splits are actually quite rare. Texas courts are legally required to consider a wide range of factors when it comes to dividing marital property. Under the law, courts may deviate from the presumption of equal division when there are “just and right” reasons to do so.  

“Divorce Is Bad for the Children.”

There are thousands – if not millions – of married couples around the country who stay together for the sake of their children, even when their lives are miserable, and they despise each other. They think that divorce is bad for the kids, when, in reality, the opposite may be true. Staying together and raising children in a hostile environment where neither parent is truly happy may actually have more detrimental effects on the children.  

“The Divorce Process Will Take Years to Complete.”

A typical divorce does not last that long. A typical divorce can be completed within six to eight months. However, complicated divorces may take longer (about 12 months) but it is rare for the divorce process to take “years.”  

“You Do Not Need a Family Law Attorney to Get a Divorce.”

Getting a divorce is not just about filing papers to end your marriage. Divorce also involves splitting property between the parties, determining custody, and awarding spousal support and child support. There is so much at stake when you file for divorce, which is why you might need to consider getting legal counsel to ensure that your divorce runs smoothly, your rights are protected, and you get the most favorable outcome possible.  

Contact Robin Scott Law Firm, PLLC for Compassionate Legal Advice

Ending your marriage may not be what you think it is due to the various misconceptions surrounding divorce and family law. The attorney at Robin Scott Law Firm, PLLC, is here to provide you with the compassionate and skilled legal advice you need during this emotionally trying time. With more than two decades of legal experience, Robin Scott can help you separate myths from reality to ensure that you make informed decisions about your future.