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Many myths about divorce, custody and support are not true

Many common beliefs about divorce are just not true. Whether one resides in Texas or another state, the same common myths about divorce and related issues seem to prevail. There are too many of them to mention here, but there are a few prominent beliefs that stand out.

One of these is the idea that the mother will always get custody of the children. That is an outmoded idea that doesn't cut it in today's world. The father theoretically has just as good a chance as the mother to obtain child custody. The key issue will be which of the parents can best care for the children, considering all of the relevant circumstances that exist. In the same vein, women will sometimes have to pay spousal support or alimony to the man, as in cases where the female earns much more than the male.

Another myth is that a person who puts his or her own earnings into a separate savings account or an investment account has a right to full ownership and control of those funds. The fact is that all funds accumulated during the marriage by either spouse are generally considered to be subject to division. In a community property state, such as Texas, the presumption is that the property must be divided on a 50-50 basis. Generally, separate funds owned prior to the marriage, or funds inherited in one's own name, are separate property, but even then the earnings or increase in value of those funds during the marriage may be considered marital or community property.

Another well-worn myth that does not hold up is that a spouse may be denied child visitation if that spouse does not pay child support. The two issues are totally separate and are generally handled in separate offices of the family law court. One is not dependent on the other. To learn the remaining major areas of belief and facts regarding divorce, it is best to obtain a consultation with an attorney who is experienced in handling family law cases in Texas.

Source:, "20 common misconceptions about divorce and money", Emmet Pierce, Dec. 5, 2017

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