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What are the Most Common Divorce Myths?

Blog 2018 December What are the Most Common Divorce Myths?
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What are the Most Common Divorce Myths?

Posted By Law Offices of Robert Stepniak || 31-Dec-2018

If you are interested in filing for divorce, it is common to have many questions about the legal process. While it is natural to seek advice from friends and family, especially those who have experienced divorce for themselves, there are popular beliefs and notions which many people believe as truth. However, each situation presents its own unique circumstances which don’t apply to any other case, which is why it is important to only seek advice from an experienced family law attorney.

The following are the most common myths about divorce:

  • The mother automatically gains primary custody of the children – When it comes to child custody disputes, judges in the past were biased toward mothers. Today, the court makes such decisions based on the best interests of the children. The court will determine parenting time and visitation rights based on the child’s health, age, relationship with both parents, history of abuse or criminal activity, etc.—but not the gender of the parent.
  • Adultery is a significant factor in divorce – Although cheating during the marriage is considered a common cause of divorces, adultery isn’t considered a factor in divorce proceedings—especially regarding property division. However, if you or your spouse used marital assets to support the affair (i.e. purchasing expensive gifts, taking lavish trips, and/or booking hotels using funds from a shared bank or credit card account), then adultery will be taken into consideration. If the affair had a negative impact on the children, then it can play a role in determining child custody.
  • Men always pay alimony to women – In today’s society, more and more women have become the breadwinner of the family, earning significantly more money than their partner. Spousal support is granted to the spouse who has been financially supported throughout the marriage. If the wife makes more money than the husband, then the latter would most likely receive alimony. Keep in mind, permanent alimony is generally awarded to the spouse who stays at home, raises the kids, has been out of the job force for a long time, and requires education and vocational training to obtain employment.
  • Divorce is always hotly contested – While some divorces can be long and costly battles, many are civil in nature. The only time couples involve the court is when they cannot agree to one or more issues of the divorce agreement (e.g. alimony, property division, child custody, child support, etc.). In most cases, couples can resolve their disputes through mediation, where they have an opportunity to determine their own settlement without allow a judge to decide. Working together often yields positive results for both parties compared to court litigation.
  • If the other party fails to pay child support, you can deny visitation – When a noncustodial parent falls behind on child support payments, it is not uncommon for the other party to refuse child visitation. In the eyes of the court, child support and visitation are two separate issues. Withholding child support payments and/or visitation rights can each result in contempt of court, which carries several penalties including jail time. If the other party fails to pay child support, you must take legal action instead of taking matters into your own hands.

Want to file for divorce in Daytona Beach, FL? Contact our experienced divorce attorney at the Law Offices of Robert Stepniak today.

Categories: Divorce

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