When most people get married, they don’t expect to get divorced later on. Divorce is a very stressful process that’s difficult for everyone involved. There are also many myths about divorce that some people tend to believe. It’s important to learn the facts about divorce, so that you can make an informed decision.
Here are some common misconceptions about divorce that you shouldn’t believe.
Both Spouses Have to Agree to a Divorce
Some people are reluctant to file for divorce because they believe their spouse would never agree to it. The good news is that both spouses aren’t required to agree to a divorce. If you want to get a divorce, it’s perfectly within your right to do so. However, the divorce process may drag out a little longer if your spouse isn’t compliant.
Any Lawyer Can Take a Divorce Case
This is another big myth. A divorce is a complicated matter and should only be handled by a qualified divorce lawyer. If you hire your tax or estate planning lawyer to handle your divorce, for example, you may not get the results you want. Look for a lawyer who specializes in family law to improve your chances of a favorable outcome.
Marital Assets Are Divided in Half
Florida is an equitable distribution state. This means that your marital assets will be divided fairly, not necessarily equally. The judge may use several factors to determine who gets what, such as the length of the marriage, each spouse’s financial situation and each spouse’s contribution to each asset.
The Mother Always Gets Custody of the Children
While this might have been true many years ago, it isn’t the case today. The judge will look at multiple factors before deciding which parent gets custody, such as the physical and mental health of each parent and the child’s relationship with each parent.
Divorces Always Result in Court
While some divorces do go to court, many people choose to resolve their divorce through mediation. During this process, couples talk out their issues with a trained mediator. It’s much less expensive than going to court and can result in a resolution quicker. If you and your spouse are still on speaking terms and agree on many issues in your divorce, mediation may be the right choice.
If you have questions about a prenup agreement or a postnup agreement or require legal assistance in other areas of Family Law you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected].
We now offer virtual prenuptial agreements. Contact us to inquire further about our virtual prenup option.