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3 myths about divorce

On Behalf of | Jan 5, 2023 | Divorce | 0 comments

Do you believe it’s time for a divorce? Maybe you and your spouse no longer see eye-to-eye or there have been long-term issues that can’t be overlooked any longer.

Whatever the case may be, you’ve likely heard of others who’ve gotten a divorce in the past. Their experiences with divorce may have set a precedent for you, which can give you the wrong impression of how your divorce could unfold.

To ensure you’re making the right choice, you should consider some common misconceptions about divorce. Here’s what you should know:

Myth #1: You’ll lose all of your assets

Truth: During a divorce, marital assets are typically split evenly. You shouldn’t have to fear that you’ll lose all of your assets, especially if you have a prenup or postnup.

As you may already know, a prenuptial agreement sets terms in a marriage that ensures each spouse is given back certain assets and determines if one spouse has to pay alimony to the other. A postnuptial agreement serves to do much the same but is only made after marriage and can be used to amend a previous agreement.

Myth #2: You won’t see your kids again

Truth: Before a divorce, you and your spouse will likely discuss how parental arrangements are made in a custody order. In a child custody order, you and your spouse will decide what constitutes the well-being of your child. Typically, the court believes it’s in the best interest for parents to each have rights over their child.

As such, parents are given legal or physical custody of their children. Legal custody means parents are given the right to decide where they go to school, what they eat, when they see their doctor or dentist and if they have a religious upbringing. While physical custody determines where a child lives and which parent is given primary or secondary physical custody.

Myth #3: You don’t need legal help

Truth: Many people believe they know their rights during a divorce. It may seem obvious to you who should get certain assets or when you see your child, yet, in the eyes of the court, this may not be so. You may need to seek out legal help to ensure you’ve been given a fair divorce.