Divorce is a challenging time in anyone’s life. Some people might find the process uncomfortable due to some reasons. Nowadays, we all know at least one person in our lives whose marriage ended in divorce.
If you are considering divorce, make sure to discuss it with your close friends. Everyone gives you a bit of advice according to their perception. The fear of the unknown is a big problem in the case of divorce. Most of the things you might hear about divorce have no truth.
There are a lot of myths when it comes to divorce. They have become so common in our daily life that people have started believing in them. It is better not to judge those myths. You should rather discuss them with professional divorce lawyers.
Refrain From Believing in Stories
You have to keep your views clear about the whole process. We recommend you separate the facts from fiction. Every divorce is different from another. Even the correct information might be misleading sometimes. So, you have to set aside all the stories and preconceived notions about it.
The complexities of the process of divorce might leave a lasting impact on your life. So, we have gathered the correct information to debunk these myths. Your views about the divorce decision should depend on the advice you receive from a Birmingham divorce attorney.
Common Myths About Divorce
We know you might have your reasons for making such a decision. Even a true story you hear might not apply to your case, so it’s better to consult a lawyer.
One of the most common reasons is domestic abuse. A divorce attorney in Trussville can help you in this case. Divorce lawyers can help you with their expertise in a particular divorce case.
We assembled some common myths to help you decide after knowing all the facts.
Myth 1: Divorce Is Controversial and Always
There is no doubt that divorces are painful and emotional. There are chances that people going through divorce went through some unfortunate events. The partners might disagree on specific issues. It leads to a contested divorce. The process requires hiring attorneys and attending court dates.
It is, thus, a common myth that people going through a divorce will never agree upon anything. The fact is that most couples can agree on many issues that come during a divorce.
For example, alimony, child custody, and other property division problems. It is an uncontested divorce. An uncontested divorce is the most accessible and cheapest method to get a divorce.
Myth 2: Mother Always Gets the Child Custody
A long time ago, this was a part of the law that a mother got custody of her children after divorce. There is a common myth that mothers always get the child’s control according to the law, even nowadays. The court updated the rule many years ago.
According to the law, the court awards custody to the parent who is more capable of taking care of the children. Law considers various factors while awarding custody. The significant factors that help the law make some custody decisions are as follows:
- The financial stability of each parent
- The relationship between the child and parent
- The child’s inclination
- Parents’ will to keep the children
Myth 3: It Is Necessary to Go to Court
Divorces do not always go to the courtroom. You have to file divorce papers in court, but a trial doesn’t need to happen. The judge does not decide the future of your marriage. Nowadays, most couples opt for alternative dispute resolution.
A negotiator sits with both parties to discuss the terms of the divorce. It is a faster and more informal process involving cheaper solutions to your problems. The meditation process occurs in various states before the case goes to court.
Myth 4: Marital Assets Get Split into Halves
In most divorce cases, the assets are not divided into equal halves. The court considers the financial condition of both spouses while dividing the assets. The judge will look at the survival strategies of both spouses after divorce.
One spouse having lower earning resources gets financial support from the other spouse. It is generally referred to as spousal support. The person who makes more yearly income gets the house because they can afford mortgage payments. Yet, the court tries its best to keep the property division fair. Justice is the ultimate goal in property division.
Myth 5: Children Can Decide Which Parent to Live With
The most common myth among parents seeking a divorce is that their children will get the right to decide the parent they want to live with. The court always looks forward to the best future for the children.
Yet, the children of age 12 or older get a chance to let the judge know about their wishes. The children might want to live with a particular parent. Further decisions occur by considering the child’s safety, health, and stability.
Myth 6: Visitation Can be Limited If Not Paying Support
One of the prevalent myths about a divorce is that if you cannot pay the child support payments, you will not be able to see your kids. Child support is not a privilege payment for visiting your children.
Each parent has equal visitation rights after divorce. Despite all the penalties by the court, you have all the rights to meet your children.
Myth 7: Your Spouse Can Refuse to Get A Divorce
It is a myth that the case of divorce does not proceed if one of the spouses disagrees with it. Your spouse can not hinder your decision to seek divorce.
If any of the spouses wants to end the marriage, the judge or divorce lawyers proceed with the divorce. If you prove that you meet all the basic requirements of the court, the divorce happens.
Myth 8: Adultery Might Cost You Everything
It is a pervasive myth that having an affair might become a reason for you losing everything. But the fact is that adultery does not affect the results of your settlement. Cheating on your partner can be a solid reason behind your divorce.
Infidelity does not make you an unfit parent, so it has nothing to do with custody cases. In many states, the judge considers fair property division even in a cheap divorce in Shelby County. The court might force you to compromise if the adultery combines with the dissipation of assets.
Divorces are never pre-planned. Everyone wishes that their marriage lasts forever. Unfortunately, some marriages might end in divorce.
Divorce is not a taboo, and if you think your marriage cannot work anymore, it is customary to seek divorce. It would be best if you spoke to a local Bessemer divorce attorney in this case. They can help you get the proper knowledge about the process of divorce and its complexities.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!