If this is your first divorce, you likely have a lot of preconceived thoughts about the process, which were heavily influenced by family, friends, or even the media. Now that you are going through this experience yourself, it is important to debunk these myths. You should base your decisions on sound legal advice rather than what you might have heard or witnessed. The people in your life mean well, but no two cases are alike and personal anecdotes are not legal advice. Continue reading to debunk the most common divorce myths.
Many of us have heard horror stories of what others went through during their divorce, but it would be a big mistake to base any of your decisions on what someone else may have experienced. Every case is unique and, moreover, you do not know all the facts about another person’s divorce or why a judge might have ruled a certain way. The law is complicated and cannot be reduced to an anecdote.
Here are some of the most common myths debunked:
– Mothers are always awarded child custody: Although this was largely true in the past, it is no longer the case. All child-related decisions are based on the best interests of the child, so the mother may not necessarily be awarded more parenting time. A judge will review several different factors to make this important decision.
– You must get divorced where you got married: You can get divorced in any state in the country as long as one or both spouses meet the state’s residency requirements.
– You have to go to court to get divorced: Many of us are used to seeing divorce cases play out through the litigation process in movies, but this is not the only way to end a marriage. Other methods, such as mediation or collaborative divorce, allow spouses to stay out of court and negotiate the terms of their divorce decree together.
– Engagement rings and wedding rings are considered marital property: These items are actually considered gifts, which means they will not end up on the chopping block.
– Wives always receive alimony: Alimony or spousal support is designed to help the lower-income spouse, so he or she does not end up impoverished as a result of the divorce. A judge will consider many factors when determining how much should be awarded and for how long.
If you are getting a divorce, reach out to Dale L. Bernstein, Chartered Law Office for the skilled legal guidance you need. With our experienced attorney on your side, you will have the best chances of securing the best possible results.
Call our law office today at (727) 312-1112 to schedule a consultation.