There are plenty of misconceptions about divorce that people still fall into. While it is often one of the hardest things that you can go through, there are still plenty of people that just don’t know the truth. Of course, there are people out there that find divorce simple and even a comfortable experience.
The reality is that ending a marriage can be difficult and it can get even more difficult if you are being fed some misinformation. We’ve assembled a few of the most common misconceptions there are that come with divorce.
Myth #1: Divorce is Always Contentious
While it is true that many divorces can be emotionally painful and all parties may not agree, there are plenty of divorces out there where the couple can agree on most issues. Some of these issues could be things such as child custody, alimony, and even property divisions. When this happens, it is called an uncontested divorce. This is by far the easiest and often cheapest route to take when going through a divorce, as most contested divorces require hiring attorneys, attending mediation proceedings, or even having to attend court.
Myth #2: Adultery Costs You Everything
The portrayal in tv and film that adultery costs someone their entire livelihood is false. Yes, it causes hurt and strained relationships, especially if children are involved, but is not a major monetary factor. The truth is that even in states that allow at fault divorces, your part in ending the marriage will only be taken into consideration when the judge considers fair property division. Adultery is not an indication that you are an unfit parent. Unless your adultery was combined with a wasteful disposition of marital assets, often it isn’t even a factor in your divorce.
Myth #3: Mother’s Always Get Child Custody
This misconception comes from a much earlier time. While this used to be the case, the laws have been updated along with the times. Child custody is going to be awarded to whoever is the most capable of taking care of the children in question. There are often several factors that go into determining custody, such as the fiscal earnings of each parent, the relationship between the child and each parent, and even the inclination of the children if they are old enough.
Myth #4: Children Pick Who They Live With
While in certain states, the children can give an inclination of which parent they would prefer, that doesn’t mean that they get to pick who they live with. The court is going to determine what is in the child’s best interests, even if it doesn’t align with their desires. In many states, the law does allow for children that are 12 years of age or older to make their wishes known to the judge.
We know going through divorce is a difficult time. This is why it might be in your best interest to contact a divorce attorney from Taylor Law & Mediation PLLC for more information about how to proceed with the divorce.