Divorce is stressful enough without being misled by myths, half-truths, or “advice” from friends who aren’t lawyers. Texas has unique divorce laws that often surprise people—especially those navigating a divorce for the first time. Whether you’re just starting the process or stuck in a tough spot post-divorce, it’s important to separate fact from fiction.
Here are the Top 5 Myths About Divorce in Texas—Debunked, so you can move forward with clarity and confidence.
Myth #1: “Mom always gets the kids.”
The Truth: Not necessarily.
In Texas, custody (legally called “conservatorship”) is decided based on the best interest of the child, not gender. The law presumes both parents should be joint managing conservators unless there is evidence that such an arrangement would not be in the child’s best interest (such as in cases involving abuse, neglect, or substance abuse).
Fathers have just as much right to seek primary conservatorship or equal possession time as mothers. Courts look at each parent’s involvement, living situation, work schedule, and parenting history—not their gender.
Myth #2: “Everything gets split 50/50.”
The Truth: Texas is a community property state—but that doesn’t mean a strict 50/50 split.
Community property includes most assets and debts acquired during the marriage, and it’s subject to “just and right” division by the court. That doesn’t always mean equal—it means fair.
Factors like earning capacity, fault in the breakup (adultery, abuse), wasting of assets, or one spouse’s need for more support may influence the court’s decision. One spouse may walk away with more than 50%, especially if they have fewer financial resources or are the primary caregiver for children.
Myth #3: “You have to be legally separated before filing for divorce.”
The Truth: Texas does not recognize legal separation.
Unlike some states, Texas doesn’t offer a formal “legal separation” status. If you’re living apart but still legally married, the law still treats your property, income, and debts as part of the community estate.
This means that even if you’ve been living in different homes for years, your spouse could still have a claim to the property or accounts you’ve accumulated during that time—unless and until a divorce is filed and finalized.
Myth #4: “If my name is on the house, it’s mine.”
The Truth: Title ownership doesn’t always determine marital ownership.
If the house was purchased during the marriage with community funds (even if only one spouse’s name is on the deed), it’s likely considered community property. That means it’s subject to division in a divorce, regardless of who is listed on the title.
On the other hand, if the home was purchased before the marriage or inherited/gifted to one spouse, it may be separate property, but the other spouse might still have a reimbursement claim for mortgage payments or improvements made using community funds.
Myth #5: “If I don’t want a divorce, I can stop it.”
The Truth: Texas is a no-fault divorce state.
If one spouse wants a divorce, they don’t need to prove wrongdoing or get the other spouse’s consent. Citing that the marriage is “insupportable” due to conflict or discord is enough.
Even if you refuse to participate in the proceedings, the court can still grant a default divorce. Your best option is to respond and protect your interests.
Takeaway: Know Your Rights—Don’t Rely on Rumors
Divorce is emotional, but it’s also a legal process—and misunderstanding your rights can cost you. Whether you’re concerned about your kids, your house, or your financial future, don’t rely on myths or well-meaning advice from friends and relatives. Get real guidance from a Texas divorce attorney who understands the law and knows how to protect what matters to you.
At the Law Office of Steven C. Buitron, we help clients across Bexar, Comal, and surrounding counties navigate divorce with clarity and strength. From property division to enforcement and modifications, we’re here for you every step of the way.
Steve Buitron, Esq.