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Most people walk into their first divorce consultation already believing things that simply aren't true, and those beliefs shape bad decisions before the case even starts. In this episode of Texas Law Unlocked, attorneys Brett Pritchard and Jeff Linick are joined by BYU law student and firm intern Jacob Lunt to bust the divorce myths they hear most often from Texas clients.

What You'll Learn

  • Whether it's really true that half of all marriages end in divorce
  • Why skipping a lawyer on your divorce often costs more than it saves
  • What actually drives the cost and timeline of a Texas divorce
  • Whether infidelity changes the financial outcome of a divorce
  • Why your spouse can be entitled to military retirement even before year ten of the marriage
  • Whether it matters who files for divorce first
  • Why undisclosed assets or behavior tend to surface anyway
  • Whether Texas courts still favor mothers in custody decisions
  • Why keeping kids out of the middle of a divorce matters to a judge
  • Why co-parenting expectations don't end when the divorce does
  • What actually happens when someone tries to sign away parental rights or quit a job to avoid child support

Episode Highlights

Before You File

Myth: “Half of all marriages end in divorce.” The real figure discussed on the episode is considerably lower.

Myth: “I don't need a lawyer for my divorce.” Brett and Jeff talk through what happens when a self-prepared divorce goes wrong, and why fixing it later usually costs more than doing it right the first time.

Time and Cost

Myth: “A divorce will either cost me almost nothing or cost me everything.” The real cost tends to land in a predictable middle, and cutting corners early is what drives costs up later.

Myth: “We can get this finalized in a week or two.” Texas law sets a minimum waiting period before any divorce can be finalized, and the actual timeline depends heavily on the other party and the court's schedule.

In the Courtroom

Myth: “If my spouse cheated, I automatically win.” Infidelity itself carries far less weight in a Texas courtroom than most people expect; it's the behavior around it, not the affair itself, that can affect a case.

Myth: “Calling the other side a narcissist helps my case.” Brett and Jeff explain why labels like this tend to backfire with judges, and why specific facts carry the case instead.

Myth: “It matters who files for divorce first.” Whether you file the petition or respond to one, the legal footing is the same.

Myth: “If I don't disclose it, it won't come out.” Hidden assets or behavior tend to surface anyway, often at a worse moment than if they'd been disclosed upfront.

Custody and Kids

Myth: “Moms automatically get custody.” Texas law does not favor either parent based on gender, a shift from decades past that still surprises a lot of people.

Myth: “My kids can handle being involved in the divorce.” Courts take a dim view of parents who pull kids into the middle of a case, regardless of intent.

Myth: “Once the divorce is final, I don't have to deal with my ex again.” Co-parenting expectations continue for as long as the kids are minors, and courts factor that in.

Child Support

Myth: “I can just sign away my rights so I don't have to pay child support.” It isn't that simple, and the Attorney General's office is built specifically to prevent it.

Myth: “If I quit my job, my child support goes down.” Texas courts can calculate child support based on earning capacity, not just current income.

Frequently Asked Questions

  • Do mothers automatically get custody in Texas?

    No. Texas law does not favor either parent based on gender when determining custody.

  • Is my spouse entitled to my military retirement if we weren't married for 10 years?

    Yes, in general; military retirement can be a divisible asset from the date of marriage forward, and the ten-year mark affects how payment is administered, not whether it's owed.

  • Does infidelity affect the outcome of a divorce in Texas?

    It can be a factor in limited circumstances, but it does not work the way many people assume, and it carries far less weight on its own than the behavior surrounding it.

  • How long does a divorce take in Texas?

    Texas law requires a minimum waiting period before a divorce can be finalized, and the full timeline depends on the specifics of the case and the court's schedule.

  • Do I need a lawyer to get a divorce in Texas?
    You are not legally required to have one, but self-prepared divorces are a common source of costly mistakes that are difficult or impossible to fix later.
  • Is it true that half of all marriages end in divorce?

    The oft-cited 50 percent figure is misleading; it comes from comparing a single year's marriages to that same year's divorces, which aren't tied to each other.