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Three misconceptions you should not believe during divorce

Jan 11, 2022 | Divorce

In many divorces, parties wind up making decisions or declarations because of something they heard or believe about the process, rather than on what the law allows.

Below are three more common misconceptions people have that can compromise their position in a Sugar Land divorce

Misconception: Courts always rule in favor of mothers

For generations, courts operated off the presumption in favor of mothers in cases regarding child custody. However, current Texas laws do not favor mothers when it comes to what is best for a child. 

Mothers who assume the courts will rule in their favor may wind up learning a very difficult lesson when a judge rules differently. And fathers who make this assumption could be cutting themselves out of their child’s life prematurely and unnecessarily.

Misconception: Breadwinners pay alimony

Whether you were the primary earner or a stay-at-home parent financially dependent on your spouse during your marriage, you might assume that this financial imbalance means that alimony is inevitable.

Under these circumstances, you might agree to pay money you don’t owe or demand support you may not have legal standing to collect.

The fact is that courts do not award alimony in every divorce. Texas maintenance laws specify eligibility guidelines that dictate whether a person is entitled to receive support. If you do not meet these criteria, maintenance may not be appropriate.

Misconception: It is always an ugly process

Divorce is not an enjoyable process, but that does not mean it has to be a bitter, drawn-out legal war. When people assume it will be, they can be unnecessarily defensive or aggressive. Someone who believes that all divorces are contentious may not be willing to pursue less combative approaches, like mediation.

Further, too many people take a scorched-earth approach when they assume there is no way to divorce peacefully. They lash out on social media, make false allegations or do whatever they can to complicate things.

The truth is that many people ultimately work together to reach agreements and are able to stay out of court. 

These misconceptions can cause avoidable conflicts and support misguided decisions during divorce, so it is crucial not to believe them.

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