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DivorceFather’s Rights

Questions Fathers Have About Divorce

By November 4, 2022April 25th, 2024No Comments

The stigma around father’s going through a divorce has changed. It is no longer the story of the mother getting the children and the home. In every state, divorce is equal in the eyes of the law. Either spouse can file for divorce. Texas is a “no-fault” state, meaning you don’t need specific grounds to file for a divorce. It can simply be that the marriage is just not working out. Parents going through a divorce often want to be involved with their children and try to co-parent together as best as possible. However, even with men’s rights being the same, they often still face unique challenges when going through a divorce. Therefore, our Texas divorce attorneys are answering common questions that fathers have about divorce.


The most common questions fathers have about divorce in Texas.

If you are going through a divorce, you must have an experienced attorney who understands men’s or fathers’ rights in Texas. Here are the most common questions that fathers have about divorce.

What are my rights as a father under Texas divorce laws?

In Texas, both parents have equal rights under the law. However, the court will determine which parent will have physical custody or have what is called possession of the child. Whichever parent has physical custody means the child will primarily live with them.

However, both parents can have joint legal custody, which means that both parents can make decisions regarding the child, just as they did during the marriage.

The purpose of one parent having physical custody is, so the child still has a sense of their home, school, and community. The other parent, or the non-custodial parent, will be granted visitation rights, including weekdays, weekends, spring and summer break, and holidays.

Do I have to pay child support?

If you are the non-custodial parent, you will have to pay child support until the child is 18. So even if you are awarded joint custody and see your child fifty percent of the time (or less), you will still have to pay child support. This is because you are not the custodial parent or primary parent.

Will I have to pay alimony?

In Texas, there is no entitlement to spousal support, so to assume that you will have to pay alimony is not true. However, your ex-spouse can request alimony, and the court will look to see if there is validity. Your ex-spouse must prove the inability to earn a sufficient income to support reasonable living expenses and meet the other requirements stated in the spousal support statute. If your ex-spouse is granted alimony, the monthly amount can be at most $5,000 or twenty percent of the monthly earnings.

What are the property division laws in Texas?

Texas is a community property state, so under Texas law, all assets acquired during the marriage belong equally to each spouse. Assets are divided in two ways; all assets you had before you entered into the marriage are yours, including inheritances, and are considered separate. The remaining assets you acquired together during the marriage will be split as closely as possible to 50/50.

Do you have to go to court to resolve any divorce issues?

No, the best thing you can do is work with your ex-spouse to divide all assets and work out your child custody agreement. Working out your issues together is also a great way to start working together for your child’s best interest. It also creates the building blocks to co-parent together. The court will have to review your child custody agreement to ensure it is in your child’s best interest.

What happens if we can’t agree?

Mediation is an excellent tool for couples going through a divorce that are struggling to agree or having difficulties in a specific area. In Texas, mediation is required for each divorce case before bringing differences to court. Even though you can present your argument in court, the judge will make the final outcome. Remember that the final outcome might not be the outcome you were hoping for.


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Working with an experienced Texas divorce law firm

Statistics support that children face disadvantages when fathers are not in their lives. If you’re concerned about your rights as a father in Texas, the attorneys at C.E. Borman & Associates can help protect your interests to ensure that you play an active role in your child’s life after divorce. If you have additional questions about father’s rights in Texas, don’t hesitate to contact us.


C.E. Borman & Associates is an American Lawyer Top 100 Law Firm. 

C.E. Borman & Associates have served the Brazos Valley for over 20 years. Our attorneys and legal staff are committed to straight talk and honest advice.

We provide exceptional value to our clients and often make life-long, remarkable changes that benefit future generations. Contact us if you need a divorce or family law attorney. Call (979) 846-4090.


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