Most of these myths come from a good place. When you hear something enough—even if it’s untrue—it is easy to assume it is factual. For some of these, you too may have already thought them to be valid.
If you are about to begin the divorce process, you are likely overwhelmed with the amount of change in your life. Assets need to be divided, agreements need to be written. There are so many details of your life waiting to be worked out. During this time, it is easy to worry. And sometimes you are concerned about things that aren’t real.
Myth #1: A 50/50 Split
This likely is built around the term “fair and equitable.” People may (incorrectly) assume that all their shared assets will be divided equally, and the process is automatic or somewhat guaranteed.
This is not entirely true.
While, generally, the marital estate is divided equally, that does not mean the assets have to be “split down the middle” or sold. Certain assets and debts can be awarded to each spouse so that the bottom line is fair. There may be disagreements about how much an asset is worth, or the tax consequences of the assets that may affect the value, so 50/50 may not be the same for both spouses.
Another important term in Texas, in terms of division of property and assets, is “just and right.” This allows outside factors to be considered in the division of assets and debts, such as:
- Separate property of the spouses
- Debts and liabilities
- Gifts given or acts of fraud committed
- Need for support
Fault in the breakup of the marriage can be considered, too, especially if it is obvious and egregious on one spouse’s part.
These are just a few of many factors that will be weighed out. When you meet with your attorney, he or she will advise you on how to proceed.
Myth #2: Custody Favors The Mother
In Texas, there is a law that says a family court cannot use gender to determine custody. A court is going to look for a solution that is in the best interest of the child. Gender does not determine that.
People may begin at a point where parents have joint legal custody, but one parent has primary physical custody. This may be determined by who was the primary caregiver to the child during the marriage. Texas requires the best interest of the child to be the deciding factor.
Myth #3: Legal Separation
Legal separation is when people live in different homes, divide their assets and property, pay spousal and child support—but are still married.
Texas does not recognize legal separation.
This is important because the property you accumulate, even when living separately, is still shared. This will continue until the divorce is finalized.
Fraser, Wilson, & Bryan, P.C.
At Fraser, Wilson, & Bryan, we believe that our clients deserve zealous representation. We combine this with our desire to keep the process civil and respectable for the good of the family. Divorce is a challenging life event to overcome, but the individualized attention we give to our clients can help. Contact us today to schedule a free consultation. We can also be reached at (254) 965-7270.
