Common Myths and Misconceptions About DivorceBy Moskowitz Law Group, LLC |
Separating from your partner is never an easy decision to make. Despite how common divorce has become in recent years, talking about the process can be awkward or taboo. This has given rise to several myths and misconceptions about the divorce process.
A divorce attorney can provide legal guidance if you are thinking about pursuing a divorce. Below are some common myths and misconceptions about divorce so that you can make informed decisions about your future.
Does the Mother Always Get Custody?
One of the biggest myths about divorce is that the mother always gets custody of the children. This is not true The court will decide how to divide custody based on what is the most beneficial for the child. When ruling in cases of child custody, judges look at various factors such as how close the child is to each parent, their living situations, employment responsibilities, and if a parent can meet the physical, emotional, and financial needs of the child. When the circumstances make it possible, the court may give parents joint custody if that arrangement is found to be in the child’s best interests.
Can a Spouse Reject a Divorce?
Despite what is commonly portrayed in the media, a spouse cannot reject or deny a divorce for any reason. In other words, a spouse is not required to “give” the other spouse a divorce. If one party files for divorce, the other cannot stop the proceedings, even if they try to stall or slow them down.
Is the Marital Estate Always Split Equally?
During a divorce, the court must make an equitable division of assets. Marital property is not automatically split in half, but are fairly divided according to several factors, such as each spouse’s financial standing and contribution to the acquisition of assets. Assets acquired by either spouse before the marriage will generally be distributed to the spouse who acquired them.
Is a Lawyer Necessary for an Amicable Divorce?
While it is possible to get divorced without legal guidance, a skilled attorney can help you achieve the most positive outcome possible for your case.
If you are thinking about filing for divorce or have questions about the common misconceptions about divorce, contact Moskowitz Law Group today. Let our dedicated attorneys assist you during this challenging time.