6 COMMON MYTHS WHEN IT COMES TO A TEXAS DIVORCE
They Cheated, so I’ll Get More Money
If your partner cheated on you, it won’t usually make any difference to your divorce settlement, at least as far as your finances or assets are concerned.
While you can get an at-fault divorce in Texas if your partner has cheated on you, the difficulty in achieving this is much higher. You need to have substantial proof to present to a court, such as evidence of contact, money spent, etc.
I Don’t Work, So I’ll Get More Money
If during your marriage, you’ve relied on your partner financially, then you may be eligible for spousal support, or alimony as it’s often referred to.
However, in Texas, spousal support is fairly rare and quite limited in its availability.
You might only be granted it if you’ve been subjected to domestic violence, or if your child has a disability, for instance. It’s also only available to couples if they’ve been married for ten years or longer.
I Have My Own Bank Account, So I’ll Keep My Money
Just because it’s in your name, it doesn’t mean it’s protected from any divorce settlement.
Texas is a community property state. This means that assets (financial or physical) collected through marriage are usually the property of both unless an asset is inherited or gifted specifically to one half.
I Don’t like My Settlement, but I Can Renegotiate Later
It’s important to stress that once your settlement has been agreed and settled, under normal circumstances, you are unable to try and change it later.
However, not every situation is normal. The only real possibility that you could attempt to have your settlement renegotiated by a court is if there is some evidence of malpractice or fraud.
We Have to Go to Court
You don’t always have to go to court. If things are still amicable, you might be able to negotiate your settlement through mediation. If this is the case, the court will usually agree to your divorce agreement without attendance.
If you are unable to agree to a settlement through mediation or negotiation, then you can seek to bring your case to court.
I Won’t Get to See My Kids
Unless there is a valid reason for you not to see your children, you should have every right to see them.