A lot of people think that they know everything there is to know about divorce only to get slapped in the face when they have to go through the procedure. Some people may have wild expectations or apprehensions about the process and may be disappointed by the outcome. Others may have fears that will never truly materialize and have a simplified view of what divorce proceedings are really about. Below we’ll look at some of the most common misconceptions people have about divorce.
Everything Will be Split Down the Middle
This is probably one of the most widespread myths about divorce. The idea that everything the couple owns will be split down the middle is just plain wrong and many factors will come into play when dividing property.
There are mainly three things to consider when dividing property during a divorce. The first one is the type of divorce that you get. You may assume that a judge absolutely has to be involved, but you can also go through a mediated divorce and reach an agreement, for instance.
Another thing you have to consider is who the true holder of the property is. If you owned property before your marriage, then it’s considered non-marital property and will be off-limits in most cases.
The state you reside in will also make a big difference. Some states may see marital property as community property, while others will use equitable distribution. Note that equitable distribution does not mean equal distribution, but fair distribution, and this will be decided by a judge. For more details check out Divorce Answers recommendations here.
There Has to be a Fight
Like we just mentioned, divorces can be mediated, and they don’t always have to involve bitter custody and property division battles. There are some cases when couples simply grow apart and there were no wrongdoings on any part. In this case, there is no reason for parties to fight and you can come to an amicable agreement.
Adultery Could Ruin Everything
While adultery can be considered when it comes to equitable distribution, don’t expect that it will ruin everything. Being an adulterer doesn’t necessarily mean that you’re a bad parent if there are kids involved. The only thing that matters during custody hearings is what will be the best for the child. If you dilapidated marital assets while you were committing adultery, however, you may be required to compensate the other party.
Child Custody Always Goes to the Mother
This is not the case. While it may have been truer a few years ago, laws have greatly changed over the years. Custody will go to whichever parent is deemed most fit to take care of the child. Things like how much money each parent has, the relationship between the child and the parent, and even the child’s inclinations in some states may be taken into consideration to decide who will get custody.
Before you go through with divorce procedures, you have to know the truth about divorces first. Going into the process with misconceptions will make the process lengthy and more difficult for you, so get informed.
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