5 Common Myths in Divorce Law

5 Common Myths in Divorce Law

Marriage can be a dream or difficult for a couple. Without wanting it, some people, unfortunately, have no other choice but to file for divorce for the good of both parties.

The numbers are continually rising and this led certain divorce misconceptions to be born. They’re no good since these only misinformed or brought confusion in settling disputes.

Anyway, we’re here to dispel some common myths of divorce law so you can decide what’s best for you. Of course, we still suggest getting advice from your family and lawyer as it will be of great help.

Ready? Let’s go then!

Myth #1: The divorce process takes time.

The divorce process takes time

If there aren’t many issues to deal with, a divorce case can be settled very quickly. This is what is referred to as an uncontested and no-fault divorce where you agree with your partner about the entire matter.

This could only take one to six months, as opposed to a year or longer for complex cases. Your lawyer can estimate the timeline for you depending on the status between you and your spouse, what needs to be done, and the state location.

Myth #2: Assets will be divided equally.

Assets will be divided equally

This is another popular divorce myth. However, assets won’t be divided equally between the partners but according to what each one is capable of financially and what’s fair for them.

For instance, the partner who earns a higher income each year may be given the property since he or she can afford the periodic mortgage payments to keep the house.

Conversely, the one who earns a lower income or doesn’t have a job is more likely to receive spousal support.

In a nutshell, the judge aims to divide the property in the fairest manner possible for both spouses. There’s a solution even to large partner disparities and it is his job to determine it.

Myth #3: Committing adultery will make you lose everything.

Committing adultery will make you lose everything

Adultery is a vice that has plagued the world. Having committed it is certainly morally wrong because it leads to problems with the family and the family having their own problems.

Despite this, the judge will deal with issues in accordance with the law. For child custody cases, for instance, they won’t judge whether you were unfaithful or not, but what’s best for your kids. 

It also won’t be an automatic loss for the case, although if you squandered family assets whilst doing that, you will be required to pay back or give another form of compensation to your spouse.

Myth #4: You can’t see your child if you don’t financially support your former wife.

You can’t see your child if you don’t financially support your former wife

If you aren’t able to give financial support to your ex-wife, that doesn’t mean you cannot visit your child. They are two separate matters and the money you are supposed to be paying isn’t to see the kid—it’s your right as a parent.

That being said, your spouse, in deeming your actions unfatherly, may report it to the judge and ask them to impose penalties. This can come in the form of property liens, wage garnishment, and tax refund suspension.

Myth #5: The lawyer’s goal is to only win the case and make money

The lawyer’s goal is to only win the case and make money

The lawyer primarily aims to listen to your needs and take care of your legal matters in divorce. His goal is to reach an agreement wherein you can retain your rights and valuable assets as much as possible.

If you’ve found a good lawyer, then it’s probably not in his interest to win against and humiliate your spouse in court but to work for the good of everybody.

More Resources on Divorce Myths