Legal Myths That Keep People in Toxic Marriages (and the Truth You Need to Know)
Many individuals remain in toxic or unsafe marriages due to widespread legal myths surrounding divorce, custody, and financial consequences, but understanding the truth can empower you to take informed steps toward a healthier and more secure future!
Key Takeaways:
Texas law ensures equitable asset division, offers options for financial stability post-divorce, and provides alternative dispute resolution methods like mediation to streamline the process.
As a no-fault divorce state, Texas allows one spouse to proceed with a divorce even if the other refuses to participate, ensuring legal protection and fair resolution through default judgment if necessary.
Remaining in an unhealthy relationship can negatively impact both adults and children, whereas co-parenting arrangements and a stable post-divorce environment can foster emotional and mental well-being.
When it comes to something as complex as the Texas divorce process, myths and misconceptions often circulate, reaching those who are unhappy in their marriage and discouraging them from taking steps toward change. Unfortunately, many people remain in toxic or unhealthy marriages due to this misinformation regarding the divorce process, their legal rights, and the financial consequences that often occur as a result. We’re here to set the record straight - not only because being able to discern fact from fiction is important in its own right, but because the impact of being in a toxic marriage can be devastating to an individual. In fact, studies show that those involved in emotionally detrimental relationships can have as much as a 50% increase in symptoms of anxiety and depression. Moreover, harmful marriages can also have negative effects on your children and your finances, making it more than critical that you don’t allow false information and other commonly-circulated myths prevent you from pursuing a divorce if it’s what you desire.In this blog, we’ll debunk some of the typical misinformation that revolves around divorce in Texas with the hope that it will give you the confidence you need to take action!
Myth #1: Divorce Will Ruin My Finances Forever
Reality: While divorce can create some financial challenges, it does not mean your financial stability will be irreparably damaged. In fact, here in Texas, our community property laws aim to keep the financial aspects of divorce as equitable as possible - each spouse is entitled to an even 50% share of the marital assets and debts, as well as any separate property they owned before the marriage.There are also additional options available to protect your financial stability, such as spousal support (in some cases), dividing retirement assets, and post-divorce financial planning. A skilled Texas divorce attorney can not only help you work to secure a fair financial outcome in your divorce, but help you prepare for long-term stability in the years that follow.
Myth #2: I Will Lose Custody Just Because I File for Divorce
Reality: Hundreds of thousands of couples across America get divorced every year and go on to maintain consistent, meaningful relationships with their children using tailored custody agreements.Here in Texas (and most other states), family courts prioritize the best interests of the children involved in a divorce, which typically means a joint custody arrangement that allows both parents to spend a significant amount of time with them. Who filed for divorce is of no consequence to a judge, whose only concern is ensuring the custody arrangement provides for the safety and stability of the kids. The best interests of the child standard takes into account:
Each parent’s parental fitness
Which parent has been the child’s primary caregiver
Either parents’ history of crime, abuse, violence, or substance dependency
The child’s relationship with each parent
Each parent’s ability to provide a stable environment for the child
Any special needs the child has
And more.
Myth #3: Divorce Always Has to Be a Long, Ugly Battle
Reality: There is a mandatory 60-day waiting period before a divorce can be finalized in Texas, which is actually quite brief when compared to other states. Beyond that, you and your spouse maintain much of the control over how long and how contentious your divorce will be. Many couples agree to work together to minimize conflict and reach a swift, amicable resolution that allows them both to move forward successfully, especially if there are kids involved.One way this happens is through mediation, an alternative form of dispute resolution which involves working with a neutral mediator. The mediator does not give legal advice, nor can they impose a settlement on the couple; instead, they facilitate open discussion between the spouses that allows them to find areas of compromise and reach agreements. Mediation is typically also much cheaper and faster than traditional litigation, in which the court intervenes to make the final decisions.An experienced Texas divorce attorney can help streamline the process and reduce stress on everyone involved, minimizing the chances that your case will be dragged out.
Myth #4: If My Spouse Doesn’t Agree, I Can’t Get a Divorce
Reality: Texas is a no-fault divorce state, meaning one spouse does not need the other’s consent to file. If the other spouse refuses to participate or is intent on sabotaging the divorce, it can still proceed as a default judgement, which means the court can enforce asset division, custody, and financial orders without their involvement.
Myth #5: Leaving an Abusive Marriage Means I Will Have No Support
Reality: Your divorce attorney can help you take the proper steps to petition the court for protective orders, which can provide immediate legal protection against an abusive spouse. Moreover, victims of domestic violence may be eligible for financial assistance, including temporary spousal support, emergency housing, and legal aid services.Courts prioritize the safety of victims and children in custody decisions, so they often grant protective measures and consider the impact of abuse when determining custody arrangements. Leaving an abusive marriage is understandably difficult, and you may be concerned about your safety and that of your kids, but legal and financial resources are available to help survivors rebuild their lives safely and securely.
Myth #6: Staying Married Is Always Better for the Kids
Reality: A toxic or high-conflict household can negatively impact children’s mental health. Many couples choose to stay together “for the kids” without understanding the potential damage they can do to their kids’ wellbeing during their formative years. Studies show that children thrive in stable, loving environments, regardless of whether that means living in two separate homes.Furthermore, what you model for them can shape their expectations of the future. So, if you want your kids to have joyful, successful relationships, that’s what you should show them. You don’t have to look at your divorce as a failure, but you shouldn’t look at living in unhappiness as an accomplishment. You owe your children more than the “idea” of an intact family - you owe them truth and authenticity.Sharing custody of your kids is also not a sign of failure. In fact, collaborative co-parenting arrangements can provide a sense of consistency and stability for them, while minimizing the emotional harm they may have faced living in a toxic household.
Take Action Based on Truth, Not Fear.
Hembree Bell Law Firm Can Help Lead the Way!
Many of these legal myths prevent individuals from leaving unhappy or even unsafe marriages, keeping them trapped in situations they may otherwise seek to escape. Misinformation can create unnecessary fear, delaying the pursuit of a healthier and more stable future. If you are in a toxic marriage, understanding the truth about divorce and custody in Texas can empower you to make informed, confident decisions about your next steps. You do not have to navigate this process alone! Our dedicated Texas divorce attorneys are here to help you move forward with clarity and security. We have decades of collective experience and always offer personalized legal advice tailored to your situation - never a cookie-cutter solution that may or may not be appropriate for your family. Let us protect your rights and future; call today to book your free case evaluation and take the necessary steps toward freedom.