17 Misconceptions People Have About Divorce Law

LawyerMagMarch 15, 2023

19 4 minutes read

Divorce Law is a complex and emotionally charged issue that affects millions of people each year. Unfortunately, many people hold misconceptions about divorce law that can lead to confusion and costly mistakes. In this article, we will address 17 of the most common misconceptions people have about divorce law and set the record straight.

Here are Following Common Misconceptions People have About Divorce law

Divorce is always messy and contentious.

Many people believe that divorce always involves long, drawn-out court battles and bitter disputes over property and custody. While some divorces are indeed contentious, many couples are able to work together to reach an amicable agreement outside of court. In fact, many states now require divorcing couples to attempt mediation before resorting to litigation.

Infidelity will result in a better settlement.

Contrary to popular belief, infidelity does not typically have a significant impact on the outcome of a divorce settlement. While it may be a factor in determining fault for the breakdown of the marriage, it does not necessarily affect property division or custody arrangements.

Mothers always get custody of the children.

Gone are the days when mothers were automatically awarded custody of their children in a divorce. Today, courts consider a variety of factors when determining custody arrangements, including the child’s best interests, the ability of each parent to provide for the child, and the child’s relationship with each parent.

A divorce is finalized as soon as it’s filed.

In most cases, a divorce is not finalized as soon as it is filed. The length of time it takes to finalize a divorce varies depending on a number of factors, including the complexity of the case, the court’s docket, and whether the couple has reached an agreement on all issues.

You must have grounds for divorce.

In many states, it is no longer necessary to have grounds for divorce. Most states now allow for “no-fault” divorces, meaning that a couple can simply cite irreconcilable differences as the reason for the divorce.

You can hide assets during divorce.

Hiding assets during divorce is not only unethical, but it’s also illegal. Courts require both parties to disclose all assets and debts during divorce proceedings, and failure to do so can result in serious consequences, including fines and even jail time.

You must have a lawyer to get divorced.

While it’s always recommended to seek the advice of an experienced divorce lawyer, it is possible to get divorced without one. However, it’s important to keep in mind that divorce laws can be complex, and navigating them on your own can be difficult, especially if there are significant assets or children involved.

Child support is always paid to the custodial parent.

While child support is typically paid to the custodial parent, it’s not always the case. In some situations, such as joint custody arrangements, child support may be paid to the parent with less custodial time.

Alimony is only for women.

Alimony, or spousal support, is not gender-specific. Either spouse may be entitled to receive alimony depending on the circumstances of the divorce, including the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage.

You can’t get divorced if your spouse doesn’t want to.

While it’s certainly easier to get divorced when both parties are in agreement, it is possible to get divorced even if one spouse does not want to. However, the process may be more complex and time-consuming, and it’s important to have legal representation to help navigate the situation.

You can get a quick divorce by moving to another state.

Moving to another state to get a quick divorce, or “forum shopping,” is not as easy as it once was. Most states now require residency before filing for divorce, and some states have a waiting period before a divorce can be finalized.

You can’t get a divorce if you’re pregnant.

Pregnancy is not a barrier to getting a divorce. However, custody and child support arrangements may be more complicated if the child is born during the divorce proceedings.

You can’t get a divorce if you’re in the military.

Military members are subject to the same divorce laws as civilians, but there are additional considerations, such as jurisdictional issues and the division of military benefits. It’s important to consult with a lawyer experienced in military divorce.

Divorce only affects the couple getting divorced.

Divorce can have far-reaching effects beyond the couple getting divorced. It can impact children, extended family members, and even friends. It’s important to consider the potential consequences of divorce before making the decision to proceed.

You can modify a divorce decree at any time.

While it is possible to modify certain aspects of a divorce decree, such as child support or custody arrangements, it’s not always easy. In order to modify a decree, there must be a significant change in circumstances, and the court must approve the modification.

Also Read: 5 Questions to Ask Your Estate Planning Lawyer

Divorce is always the best option.

While divorce may be the best option in some situations, it’s not always the case. Couples should consider all options, including counseling and mediation, before making the decision to divorce.

Conclusion

Divorce can be a difficult and emotional process, but it’s important to approach it with accurate information and realistic expectations. By dispelling common misconceptions about divorce law, individuals can make informed decisions and ensure the best possible outcome for themselves and their families.