What Are The Common Misconceptions About Divorce
Divorce is a difficult and emotionally draining process. However, certain misconceptions about divorce can make the process even more difficult. Give the below misconceptions a read and always talk to your family lawyer about what’s going through your mind related to your divorce so they can give you the correct advice.
Mothers always get child custody
There are some reasons for this misconception. The primary reason is that many times, mothers do get child custody. However, not based on gender, but on the role. This is why many people believe that mothers always receive child custody.
The fact of the matter is that courts decide child custody based on the best interests of the child and don’t discriminate between genders. The best way to prepare and battle for child custody in the court is to get information and advice from your attorney about how child custody works and which factors the court takes into account.
Both parties get half of everything
This misconception is due to the overcomplication of asset division in a divorce. In most cases, one side gets more than the other side. This is due to the fact that courts focus on the equitable distribution of assets. It is a fair model of asset division that applies to marital property.
Equitable distribution uses multiple factors like how long the couple was married, who made the most contribution, etc. to determine what percentage of the assets belong to which party. The exact rules may vary in different states.
However, if both parties don’t want to get assets with equitable distribution, they can decide on asset and property division themselves given that both parties agree to each other.
Long court battles
A divorce case can become a big and long court battle where each spouse is unwilling to compromise. However, this doesn’t happen often. The primary reason this is not common is the amount of time and money required to battle divorce cases in court.
Many spouses who no longer want to live with each other negotiate settlements outside of court. Going to court is considered when there are child custody and asset division disputes. And usually, an agreement is made before any trial.
Hiring a attorney is a waste of money
Some misconceptions are about the complexity of divorce, this misconception is common because some people believe divorce to be a simple process and consider hiring a lawyer a waste of money.
Divorce can be a simple process if both parties settle disputes without going to court, but even then, you need a divorce lawyer to carry out the paperwork and give you the right advice.
And when it comes to divorces that go to court, battling the case without a lawyer can get people to lose assets and child custody.
Therefore, a divorce attorney is your best friend during your divorce. If you don’t want to pay huge fees to divorce lawyers, consider settling the divorce outside of the court and as quickly as possible.
A divorce is not possible if one spouse rejects the divorce
A divorce is not a proposal that can be rejected. It’s a legal action that should be obeyed by the couple. However, a dark aspect of divorce is that if a spouse doesn’t want a divorce, they can make the divorce process lengthy and difficult for the other party.
On the other hand, if a spouse doesn’t sign the divorce papers or doesn’t give any response to the divorce papers, you can file for an uncontested divorce. You can also get a default divorce in this case.
You can get a divorce only in the state where you married
This is not true that you must file for divorce in the same state where you married. In fact, you can file for divorce in any state given that you have proof of residence in the state. In some states, you must be living in the state for six or twelve months before you can file for divorce in the state.
The misconception about divorce can act as obstacles for couples and people who want to get a divorce. So, discuss your case only with your divorce attorney Fairfax VA, and don’t believe everything people tell you about divorce.