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Don’t fall for common divorce misconceptions

On Behalf of | Apr 16, 2015 | Family Law |

When people think about divorce, there are some misconceptions that automatically come to mind. The trouble is that these misconceptions can make people think that divorce is a completely different experience from what it truly is.

One misconception is that everything in a divorce is split up evenly. In some cases, the court will try to split things up as evenly as possible, but that isn’t always what is fair. The court will also look into what property is marital property and what property is separate property. Along these same lines, it is important for people to understand that trying to hide assets isn’t something you should do.

Another misconception is that getting a divorce means only having to sign some papers. There is much is more involved in getting a divorce. You have to deal file petitions, serve paperwork to your ex, pay fees, go to the courthouse and wait on a judge to sign off on the divorce.

When it comes to the reason for the divorce, most divorces are now no-fault divorces. This means that the common thought that you will get more in the divorce settlement if your ex cheated on you is a big misconception. In a no-fault divorce, you don’t have to prove adultery or other reasons for the divorce.

Finally, thinking that the mother always gets custody of the children is a misconception. Child custody preference was given to mothers in the past, but that is no longer the case. The court now looks into the best interests of the child instead of automatically assuming that the mother is the best option for caring for the child.

Source: The Huffington Post, “5 Divorce Myths to Legally Separate From (Even If You’re Single),” Jessica Mason, April. 09, 2015