Like any industry, divorce has a few myths. If you’ve never gone through a divorce before, then you probably have some misconceptions about it. Maybe you watched too many movies or read too many books about getting divorced, which gave you a false idea about divorce. Perhaps your parents got divorced when you were young and you figured that was what it was like. Divorce has a lot of ideas surrounding it and we’re going to debunk them in today’s blog. Are you ready to learn the truth about divorce?
Five Myths Debunked About Divorce
Debunking myths will provide you with insight into common misconceptions regarding an industry. When it comes to divorce, you probably have some ideas about what to expect. However, that’s not always the case. Each divorce is different. Some couples can go through a divorce mediation and it works well for them. Others may head to court because they can’t come to an agreement. Divorce is not treated the same in all situations, which is why you need a divorce lawyer who has the necessary knowledge to create a strategy that will meet your expectations and help you reach an agreement. The following are just a few myths that we’re going to debunk.
Those Who Commit Adultery Lose Everything
If you or your partner commit adultery, that doesn’t necessarily mean either of you ‘win’ the divorce. First, there’s no winning and you shouldn’t enter the divorce in that mindset. Second, divorced don’t work like that. While some marriages will end in divorce after a spouse is caught cheating, that doesn’t mean they all will. Being unfaithful can be extremely hurtful and damaging to your relationship; however, it doesn’t mean you’re going to lose everything. Adultery doesn’t mean that you’re going to be taken to the cleaners by your soon-to-be-ex. However, it can mean with the right combination of wasteful dissipation of marital assets that it can be a factor when it comes to equitable distribution.
A Divorce Can Be Denied
The first step of getting divorced is petitioning the court. However, that doesn’t mean that your divorce can be denied, it just means that you’re putting down in writing what you want from the divorce such as expectations for visitation, child custody, and splitting up the estate. A divorce cannot be denied, in any state. You just need to put in writing the divorce to the courts, so you will get a divorce. If you’d like to get a divorce, then you will get one, it just comes down to how it’s handled. For more information on the steps of divorce read What To Know About The Divorce Process In Arizona.
The Mother Is Always Given Custody
It’s thought that the mother is always awarded custody. However, that’s not always the case. While back in the day courts were more bias to favor the mothers, that’s not true anymore. Both parents can be seen as custodial options these days. Now the court will go with the best interests of the child or the children, which can come down to circumstances, characteristics, home life, and other factors that make one household a more viable option. Your gender has nothing to do with who gets custody or visitation of the children.
You Have To Get Divorced In The State You Got Married In
People move around. You might be living in New York City and then move to Arizona for a job. That’s just life, so thinking that you have to get divorced in the state you got married in is just a myth. Life is filled with change and staying in one places isn’t something that happens a lot. If you want to file for divorce, then you can file for it, regardless of where you live. You may have to follow a different procedure, but that’s pretty much it. The only factor that matters when you move to another state that you got married in is if you have fulfilled the residency requirements for living in that state. If you’ve only lived in Arizona for a month and you want to get divorced, you may have to wait until you fulfill those residency requirements before filing.
Child Support Is An Option
While each state has different laws on child support, there’s one that is across the board: you can’t avoid paying child support. Child support payments are established by law. If you cannot pay child support, then you’ll need to speak to a family law attorney who will be able to file a child support modification to the courts. If you just don’t feel like paying it, then that can lead to a few other issues. For example, jail time can occur. If you and your spouse have a child that’s a minor and you’re not the custodial parent, then child support is mandatory. If you decide you don’t want to pay or you’re unable to, then Arizona can take aggressive steps to enforce the order.
While each state differs when it comes to divorce, these myths are just that. If you’d like to learn some solid facts about divorce, then contact a divorce lawyer. We’ll make sure that you understand the ins and outs of what to expect during your divorce. While there’s nothing enjoyable about a divorce, if you make it as easy as possible, you don’t have to worry about it getting dragged out for longer than necessary. For further information about divorce, reach out to our divorce lawyers at The Law Office Of Ronald Kossack.