Divorce is a subject that seems very familiar. It is such a common plot device for TV shows that many people believe they know a great deal about the subject. In fact, all too many people have misconceptions about divorce. Such misconceptions can lead to a spouse giving up rights or unnecessarily modifying settlements. An Austin divorce law firm can advise on your individual case and help you to avoid these pitfalls.
Misconceptions regarding divorce
Below are some common myths that your Austin divorce lawyer can help dispel for you:
Misconception #1: The mother always gets custody of the children.
Unless there are extenuating circumstances such as domestic abuse, Texas courts appoint both parents as Joint Managing Conservators. The idea is that it is always in the best interest of the children to have both parents. Courts usually implement the Texas Standard Possession Order, which establishes periods when each parent has a right to custody and access to a child.
Misconception #2: The court will require me to pay alimony.
Alimony is not always a given in divorce settlements. In Texas, there are two main types of alimony―contractual and court-ordered maintenance alimony. Contractual alimony is usually an amount that is decided on by both parties as part of the divorce settlement. A court cannot arbitrarily assign contractual alimony.
Court-ordered maintenance can be issued by a judge if there is a large gap between the incomes of two spouses. This is usually ordered so that the spouse with the lesser income can continue to maintain a lifestyle close to what existed before the divorce. These court orders cannot last more than three years and cannot be more than $2,500 or the 20 percent of the monthly income of the person paying alimony.
Misconception #3: My spouse will automatically get half my premarital property.
Contrary to popular belief, a court cannot simply divest one spouse of separate property acquired before the marriage or purchased on his or her own. However, a court can award the opposing spouse compensation on a property if that spouse contributed to raising the value of the property. For example, if your spouse put in monies for home improvements on a property in your name, he or she is entitled to receive compensation for those monies.
