Divorce is the last thing you, as a couple, would want to experience when getting married. But somewhere along the marriage life, the changes in lifestyle, poor communication, loneliness or constant family fights force you to re-define yourselves. You then try to get advice from members of the family, friends, or workmates especially if it’s the first time. There’s a high probability that what they tell you are just but divorce misconceptions in the eyes of the law. Here are 5 common divorce myths and the truths behind them.
The woman is guaranteed of alimony
Women have always been favored when it comes to maintenance issues during divorce. The man is said to be the one responsible for providing alimony. Well, not anymore. This is a prejudice that is outdated and is baseless in the eyes of the law. The spousal support decisions are based, among other factors, on the economic realities of each spouse regardless of the gender. The law emphasizes on a gender-neutral procedure in determining the awarding of maintenance. You can visit grahamhurdlaw.com for more information about family law issues.
The children automatically go with the mother
In most divorce cases, the mother normally becomes the custodial parent while the father is given a responsibility to provide for child support. People believe mothers are at the upper hand in satisfying the children’s interests. The prism of the child’s best interests is what the court refracts when both spouses seek custody. It is, therefore, legally not true to say the children automatically go with the mother. Custody disputes between the spouses are settled through one spouse proving the other unfit for parenting roles.
Equitable distribution means an equal division
Equitable distribution principle governing divorce has confused and is still confusing many. People often take it to mean an equal division of assets. This is a lie many couples have found themselves buying. But there are many factors considered by the judges before making a decision on the property sharing, and a 50/50 division is not one of these factors.
Most divorce cases go to court
The fact that you’re required to file divorce papers with the court is not a guarantee to a trial or the common court battles experienced in court. As long as you and your spouse can reach an agreement over all issues, then you will be granted the divorce on papers. If you’ve been experiencing constant fights or other harassments, then having a personal injury lawyer to guide you make informed decisions will be the best thing to do during this frustrating time.
You will be granted divorce only in the state you married
Many people believe that couples seeking a divorce should do so in the state where they got married. According to them, if you got married in New York then moved to Alaska, you’ll have to book a flight back to New York to get divorced. Huh, isn’t it funny? But what does the law say about this? Actually, you can file for divorce at any state. All you’ll need to do then is to satisfy the residency state requirements to be granted a divorce.
Conclusion
There are various divorce myths around that have made you believe to be true. Perhaps you’re lucky now having known the common myths and hence the truths behind. Don’t fall victim to such misconceptions. And how can you avoid this? Be informed, information is power. There are many personal and injury lawyers who can help you when seeking legal services during divorce. Have at least one contact who you can consult for help. Voila!
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