If you are considering a divorce, or are about to file one, this might be a new and unfamiliar experience for you. It is likely you have heard plenty of stories about divorce and might have even seen some fictional marriages end dramatically on television shows or on the big screen, but living through it is entirely different. You might have received advice from friends, family, or someone at the gym, but unless any of these individuals are divorce lawyers, the fact is they are usually completely wrong. Myths about divorce are prevalent in our society and debunking them is the first step to having an accurate perception of the process.
Here are some common myths that are widely believed, but false:
- If you commit adultery, you will lose everything: Cheating on your spouse can very well lead to the demise of your marriage, but being unfaithful will by no means cost you in terms of assets, property, children, or your rights. One of the only ways in which adultery might affect your divorce case is when it is combined with a wasteful dissipation of marital assets.
- If my ex does not pay child support, I can deny visitation: There are ways to enforce child support obligations by addressing the court and threatening to deny parent visitation is not among them.
- Divorce can be denied: When both spouses agree to a divorce, it might make the process run a bit more smoothly, but it is not necessary. You can still obtain a divorce even if it is not mutually agreed upon. If your spouse refuses to respond to the divorce filing within the specified time frame, it will go into default and, in the absence of your spouse’s objections, you might get any demands you might have made in your original filing.
- Mothers always win child custody: This might have been true in the past, but this unfair practice gradually faded away from the court system, reflecting the modern standards of today. Decisions regarding custody are now based on the best interests of the child and the circumstances of a case, leaving no room for gender bias.
- You must get divorced in the state where you were married: The law understands that life is not static and people move. As such, it does not expect you to divorce in the same state where you were married, though you will have to meet specific residency requirements, which vary from state to state, and even from county to county, on occasion.
- You can avoid paying child support: If you are not the custodial parent of a child and are ordered to pay child support, you have to make these payments. Failing to comply with a child support order can result in severe consequences. Your credit will likely be affected and liens might be filed on any home you own.
- Children can choose who they live with: Children can certainly express a preference as to whom they would prefer to live with, and a judge might consider it, but this preference is not the determining factor in a child custody case. The judge is required to put a child’s best interests first, which is not necessarily in alignment with what the child wants.
- Divorce always involves nasty battles: We have all heard divorce horror stories that involve hostile and ugly battles, but divorce is not always a battle. In fact, many divorcing couples rarely end up in court and use other means of resolving conflicts, such as mediation and collaborative divorce. Instead of battling it out, spouses opt for negotiating their way toward an agreement.
- Women always get maintenance and men never do: As is the case with child custody, decisions regarding spousal support are no longer based on outdated prejudices. Spousal support is based on the economic realities of the respective spouses and not on gender.
- Most divorces end up in court: Nasty courtroom battles might make for compelling television drama, but most divorces do not end up in court. If spouses are able to reach an agreement on all issues, a divorce can be granted on paper, which is also more cost-effective for both parties, providing a little extra incentive for compromise and cooperative negotiations.
Beverly Hills Divorce Attorneys
At Stolar Law Group, we understand the unique challenges you are enduring and are here to guide you through the process of divorce. Our Beverly Hills legal team is here to meet your concerns with compassion, understanding, and positive solutions to address your needs and goals. This is not something you should go through alone or without the assistance of a skilled and experienced legal advocate.
When you choose Stolar Law Group, you can expect to be represented by a divorce lawyer who knows the ins and outs of the process, from the reorganization of financial matters to the restructuring of legal issues. You can rest assured we will remain focused on your best interests from start to finish and answer any questions you might have along the way. We handle all types of family law matters, including pre-nuptial agreements, legal separation, annulments, child custody, child support, and marital agreements.
For the client-focused services you need, turn to Stolar Law Group today.
Contact us online or call us at 310.984.1411 to schedule a consultation.