Did you know that there are over 630,500 divorces finalized every year in the United States alone? Finding divorce lawyers can be stressful enough without having to navigate all the myths surrounding divorce.
So, keep reading to find out more about six common divorce myths.
1. You Need to Divorce Where You Wed
One of the most common divorce myths is that you need to file for divorce in the same state where you got married in. As long as you meet residency requirements, you can file for divorce wherever you live. If you don’t meet residency requirements, you can file in the county where your spouse lives.
2. All Divorces Go to Trial
While it is true that some divorces go to trial and end up being extremely drawn out and emotionally draining, this isn’t the norm. In fact, many, if not most, divorce cases never go to trial.
If you and your spouse can reach an agreement without the input of a courtroom, then you won’t need to go to trial.
3. Financial Settlements Are Split 50/50
While equal sharing tends to be a starting point when discussing financial settlements, there are many factors that need to be considered before a decision is made. If a couple can’t agree on a split, then a court will make the decision for them.
4. Both Parties Must Agree to the Divorce
While it will be easier and faster if both spouses agree to a divorce, no one will force you to stay married against your will. If you want a divorce, you can get a divorce without their agreement.
You can hire a divorce lawyer to start filing the necessary paperwork. Your spouse is then given a certain timeframe to respond to the proceedings, if they miss that window, you can then file a motion for default. A default judgment will give you a divorce on your terms since your spouse never objected to the terms.
If your spouse does object to your terms, you will work with your divorce lawyer to find the best solution for all parties. Once your divorce is finalized, just remember to see an estate planner in order to get all your documents updated.
5. Alimony Is Always Awarded
There are no hard and fast rules when it comes to alimony. It is up to the judge to decide if a spouse gets alimony when getting divorced. The judge will consider factors like:
- length of the marriage
- the couple’s standard of living
- the roles and responsibilities of each spouse had
Alimony will usually be awarded if one spouse gave up their career or education due to the marriage.
6. Adulterers Lose Everything
While movies and TV make it seem that if one spouse has an affair, the other gets everything, that isn’t actually what happens. While infidelity might be the cause of your divorce, it doesn’t always influence the divorce settlement.
Unless the infidelity affected your finances, say your spouse bought lavish gifts for their other partner, it most likely won’t impact the division of property.
Divorce Lawyers Are Here to Help
If you are unsure if something you’ve heard or read is true, you can always talk to your divorce lawyer to make sure you have all the facts to have a successful divorce.
Have you decided to file for a divorce? If so, McGrath Law Firm’s experienced divorce lawyers can help. Please don’t hesitate to contact us with any queries.