Divorce is a major life decision that has long-lasting consequences. Divorce is one of the most difficult things many people go through, and the myths surrounding divorce can make the process all the more difficult and mysterious. In this article, we will clear up many of the common myths associated with divorce.
Equitable and Equal Are the Same
While many people believe that divorce entitles them to an equal share of everything, they fail to realize that the court is actually considering what is equitable, meaning fair. Rather than ensuring that what you receive is "even," the court will consider what is "fair" by assessing the income and financial situations of each individual.
Women Always Receive Custody
Child custody is an issue that receives considerable concern, and rightly so. Every parent wants to be able to provide the best environment for their child, but divorce can complicate this desire. Today, men and women both have the chance to receive custody of their children.
In custody cases, the court tries to look out for the best interests of the child. When both parents are fit to raise a child, the court tries to provide joint custody when possible. This ensures the child spends time with both parents.
Women Always Receive Alimony
Alimony, also known as spousal support, was once commonly associated with women in the past because they tended to stay home with children and would be unable to work outside the home. Fortunately, this is no longer the case. Alimony is available for men and women, though many people might not think to ask for it.
Ultimately, alimony brings balance to an otherwise imbalanced income structure. While one partner may be working full-time, the other partner also provides a valuable service to the family by caring for children or the home. With this information, you can make a case in court for alimony.
All Property Is Split Between the Spouses
When the courts consider the property you own, they actually consider marital assets and separate them from pre-marital assets, which are things you owned before you wed. Each party typically keeps their own pre-marital assets, and the court focuses on dividing marital assets.
The law can become tricky when you consider the assets that develop during marriage, like retirement accounts. For these assets, the courts will consider each factor carefully before arriving at a decision.
Parents Who Fail to Pay Child Support Don't Get Visitation
Some people are under the belief that a parent who fails to pay child support does not have the legal right to see their child. While those who fail to pay support may be susceptible to legal or criminal action, it does not prevent the from sticking to court-mandated visitation set by a judge. In fact, the parent who fails to allow the visitation may find themselves facing legal issues if they don't allow the visit.
Keep in mind that the reverse is true, too. If the other parent is withholding visitation, you cannot simply choose to avoid paying child support. Both situations are illegal.
Divorce Attorneys Are Unnecessary
Divorce attorneys are often overlooked because many people believe they can file the paperwork themselves. This may be true, but divorce attorneys are very important in many circumstances, especially when you are fighting for custody, visitation, and property. If you have specific goals for the outcome of your divorce, you need an attorney.
The Novack Law Offices offers legal services for family issues. You do not have to give in to the notion that your divorce results are already determined. You have a chance. Call us today to set up a consultation with an attorney who cares.