Divorce is a difficult path to take. Sometimes the divorce is due to finances; other times, it’s adultery or another relationship issue. If you’re considering a divorce or actively going through the process, some worrying misconceptions may come up. Here are the top myths about filing for divorce that people often get wrong.
Myth One: You Lose Everything If You Cheat
If adultery is involved, the cheating party doesn’t necessarily lose everything in the process of the divorce. Depending on where you live, even if adultery is considered relevant to the division of assets, the marital assets may still get divided equally.
Myth Two: The Children Choose Who They Live With
If children had the full authority to pick who they wanted to live with, it would likely cause greater fights between both sides and even lead to estrangement from other family members. Children do have the opportunity to voice who they’d like to live with. However, the judge considers these requests before granting custody, deciding who a child will live with based on what’s in their best interests.
Myth Three: You Need A Lawyer
You don’t necessarily need a lawyer to file for divorce. However, it’s best to get one if you don’t think you’d be able to represent yourself well in court hearings. If you cannot afford one, consult with the judge to request one, and petition the court to pay for an advance. This advance requires your spouse to pay for your lawyer.
Myth Four: A Divorce Will Always Be Granted
As long as all the financial, custodial, and visitation matters are legally settled, you won’t necessarily need to go to court. However, a judge can still deny your request for a divorce if there’s no paperwork stating how everything will be split between you and your spouse and what will happen with custody and visitation.
Filing for divorce is a long process, and along the way, you need to prepare yourself for what comes next in the procedure. These top myths about filing for divorce will make this process less intense and help you focus on getting things done so that you can move on after the divorce.