Although divorce is common these days, many people still have incorrect assumptions about the divorce process and how the law works. Horror stories from friends, media portrayals and newspaper articles about million-dollar celebrity divorces also tend to magnify these misconceptions and create misleading ideas about divorce. Although each divorce is unique, there are common ideas that are simply not true. We explore some of these myths below.
The top misconceptions people have about divorce:
- Divorce is always expensive. This is not always the case. Most divorces do not end in trial and are settled through negotiation or mediation. If you choose to avoid trial, you can save on court fees, attorney fees, and reduce stress. The more you and your spouse cooperate, the faster your divorce can settle – greatly minimizing the cost of your case.
- Women always get custody of children. Courts generally do not automatically assume that the mother is the better caretaker. Judges will decide child custody based on what is in the best interests of the child when awarding custody. If a mother has proven to be irresponsible and unfit for parenting, then the father may be given custody of the children.
- Having children can prevent divorce. While some people think that introducing a new baby into the marriage can rekindle a relationship, it is never a good idea to do so if you are unhappy with your spouse. In fact, having a baby can make things worse and cause additional stress to an already broken marriage.
- If my spouse had an affair, I will get everything. In Florida, adultery does not play a deciding role in how property is divided. Unless your spouse spent a significant amount of your marital funds on his or her lover, it is unlikely that cheating will impact any alimony decisions. You can always ask your attorney about how the law can be interpreted and applied in your specific case.
- All ex-wives receive alimony. Not all divorces will require alimony. Whether a spouse receives alimony depends on many factors, such as the duration of the marriage, a spouse’s earning capacity, a person’s contributions to the marriage, and more. The bottom line is, alimony is not always a guarantee in every case. In some cases, wives may even be required to pay alimony to husbands.
If you are thinking about divorcing or have been served papers, the Swanson Law Center, P.A. is here to help you. Our Gainesville divorce lawyers can guide you through the intimidating process, help manage your emotions, protect your children, and advocate for your financial interests. Our team works hard to make divorce as easy as possible on our clients.
Contact us to schedule your private consultation.