If you’ve never gone through the process of divorce before, it’s expected that you’d be totally unfamiliar with the aspects surrounding it. There’s so much information and several notions circulating about it and it can be difficult to ascertain which of them are true and which aren’t.
It’s completely normal to talk to other people and ask for their opinion while you’re about to get a divorce. Maybe you’d confide your ideas with your trusted hairdresser, a close friend at work, a distant cousin, or even your gym instructor. Chances are they’ll tell you conflicting things that may show several perspectives, and at some point, a few myths about ending your union with your spouse.
Leading Divorce Misconceptions Debunked
While it’s okay to talk to someone you trust about your plan to end your marriage, you should keep in mind that obtaining a legal expert’s perspective is the best approach in dealing with complicated legal situations like divorce. You can’t merely rely on hearsays and just believe in anything that people around you’d say most especially if you’re inquiring about how to best proceed with your case.
Take a look at some of the regarded top myths below about divorce that you shouldn’t fall for along with a brief explainer about each one.
1. Once You’ve Committed Adultery, You’ll Lose Everything
This is probably the most common fallacy people think about divorce that isn’t true in any way. You may have seen it happen on popular media but in real life, it almost never happens. If you cheated on your spouse and got caught red-handed, your aggrieved partner may ask for a divorce. That doesn’t mean, though, that you’ll be losing everything that you’re rightfully allowed to such as child custody, monetary support, and properties such as cars and the family house.
However, it’d be an entirely different story if the adulterous act has significantly affected your finances. This may possibly impact the future division of jointly-owned assets and other sharing concerns.
If you’re currently in this situation, it’s best to contact a lawyer to assist you. Family lawyers often represent clients who are dealing with divorce proceedings, child custody battles, and adoption cases. They’re law practitioners that solely focus on legal issues that can potentially impact families and how to navigate through them in court to champion their client’s best interests.
2. You Can’t Get Divorced If The Spouse Doesn’t Agree
There’s always been a false belief that people can’t get divorced if the other party doesn’t agree with it which is entirely untrue. The government recognizes that every person should be free to leave a marriage if they no longer want to stay in that commitment.
If you’re really set and decided about your divorce, what you should do is file the paperwork accordingly for the process to get started. There’ll be a given time frame or deadline for your spouse to respond and if they fail to do so, you can proceed to file a motion for default. The motion will prompt a default judgment which basically means that you can get out of your marriage on your own terms.
3. A Divorce Can’t Be Filed Without A Lawyer
Getting a lawyer isn’t really a requirement when filing for a divorce. You can represent yourself if you prefer to. There are several guides online on how to handle a divorce on your own. However, you need to prepare yourself because that can be a long and tedious journey before a judgment is rendered.
DIY or do-it-yourself divorces might only work in certain cases though. These instances may include proceedings with no kids involved or when there’s not a lot of property to split between you and your partner. If it’s your first time getting a divorce, it’s highly recommended to hire a professional lawyer to take care of everything for you.
4. Child Custody Always Goes To The Mother
In earlier times, perhaps, mothers always get a step ahead when it comes to child custody at the resolution of each divorce. However, time’s constantly involved in a perpetual cycle of change and so is the law. Today, the court prioritizes the welfare and best interests of the child above all else.
Legally speaking, both mother and father are equally entitled to their rights in the child’s custody. The case and court decision will usually depend on who can prove that they can provide the best love and care in the name of the child’s welfare.
5. Alimony Is Gender-Based
Another divorce myth that seems to still not get straightened out up until now is that females will always get the alimony. This may be the case back in the day; yet today, more and more women are earning considerably higher than their spouses. The court will be looking at the incomes of both spouses and not just the husband.
With the said rising number of stay-at-home dads who have quit their job to take care of the kids and the home, male spouses nowadays may be granted spousal support and not the other way around.
Listen To The Experts
Before believing in any myths about divorce, make sure to consult with an attorney first. Not everything you hear is true, especially when it concerns intricate legal battles such as divorce. The court nowadays, on its part, considers several aspects and angles before rendering its decisions regarding several issues ranging from child custody to assets and property ownership.
Make the whole divorce process easier for you by learning the basics about the proceeding. Once you’ve made yourself aware of how it works, you’ll hopefully find it easier to navigate through the process of putting an end to an unhappy and unsatisfying marriage.
