It happens more often than you might think. A frustrated spouse walks into divorce court, convinced the judge can solve everything. One spouse might ask the court to stop the other from dating someone new. Another might expect the judge to force an apology or even “make things fair” in a way that has nothing to do with property, custody, or support.
These requests are usually born out of hurt, not law—and they run up against the reality that courts have limits.
Family law judges wield authority, but they can’t fix every wrong or reshape a marriage’s emotional fallout. That’s why it’s essential to understand what the judge can and cannot do in divorce court.
Courts Hold Real Power—But With Boundaries
Texas divorce courts operate under statutes and case law that set clear boundaries. Recognizing those boundaries can help spouses adjust expectations and focus on what the process is designed to resolve.
The Courts CAN: Divide Property and Debts
Judges can divide marital assets and debts in a way that’s “just and right.” It isn’t always a clean 50-50 split. Factors like income, length of marriage, or wasted assets may all come into play.
But the Courts CANNOT: Punish a Spouse Through Property Division
A judge can’t strip one spouse of everything as “payback.” Misconduct may affect the split, but rulings must remain “just and right” under Texas law.
The Courts CAN: Divide Property According to Its Accepted Value
Judges rely on appraisals, tax records, and other accepted sources to divide assets according to their value.
The Courts CANNOT: Assign Value Where Value Doesn’t Exist
For example, a judge cannot assign a $200,000 value to a property that tax records clearly show is only worth $100,000.
The Courts CAN: Decide Custody and Visitation
Courts decide custody, visitation schedules, and parental rights when parents can’t agree. The standard is always the child’s best interest.
But the Courts CANNOT: Control Personal Relationships
Judges can’t stop an ex from dating, remarrying, or introducing a child to a new partner—unless it threatens the child’s well-being.
The Courts CAN: Award Child and Spousal Support
Judges may order child support and, in some cases, spousal maintenance. These obligations are enforceable with serious consequences for nonpayment.
But the Courts CANNOT: Erase Emotional Pain
While the court can award child and spousal support, it cannot heal betrayal, exact revenge, or guarantee closure. Emotional recovery happens outside the courtroom.
Understanding What Courts Can and Cannot Do
Understanding the difference between what divorce courts can and cannot do helps set realistic expectations. Judges in Texas hold significant authority, but their powers are confined to matters the law places in their hands. For everything else, spouses must look beyond the courtroom for resolution.
That’s why having the right legal guidance matters. A skilled attorney not only knows how to present your case within the court’s authority but also helps you avoid wasting precious time and energy on requests the judge has no power to grant. When you know the limits, you can focus on what truly matters—protecting your rights, your finances, and your children’s future.
Please call Christman | Daniell Attorneys for Your Legal Needs Today!
Looking for family law services in Texas? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities throughout the Dallas-Fort Worth area, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation for all your family law needs throughout Collin County.
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