When a couple decides to divorce, fear, anxiety and worry about the unknown are common emotions. And like most unexpected things in life, the worry about the “what-ifs” is likely keeping many up at night.
Friends, family and colleagues are all too eager to provided advice and so-called knowledge about what will happen after the divorce regarding kids, property and other aspects of the marriage.
But there are lots of misnomers that often circulate. Getting a grasp on the real myths can help many people alleviate their list of worries during the process.
Here is a handful worth noting:
Myth #1: The court always awards custody to the mother
Many fathers often carry this worry. “Will I ever get to see my kids?” some often say. But there is never a presumption that physical custody of kids will end up with a certain parent. Courts in Florida utilize various factors based on individual circumstances to determine custody and parenting time arrangements, making sure such decisions are in the “best interest of the child.”
Myth #2: Property is divided 50/50 in a divorce
In the state of Florida, marital property division is actually divided based on the principle of equitable distribution. It is not an equal 50-50 division. Courts in Florida will divide property on a case-by-case analysis based on what’s fair. They use factors like the duration of the marriage, health and age of the parties and future earning capacity, among others, to make the assessment.
Myth #3: If I don’t pay child support, I can’t see my kids
Many parties are often taught to believe that if they cannot pay child support, they will be denied all visitation rights. This is simply not true. Child support and parenting time arrangements are mutually exclusive, each with separate processes and procedures for enforcement.
Myth #4: Divorce is financial crippling
Many people automatically assume that getting a divorce, particularly if legal representation is needed, will be extremely expensive. Many believe they’ll have to drain their savings or retirement accounts or even obtain a second mortgage to pay for the process. But this is a misnomer. Although it depends on the individual circumstances, there are plenty of options available that are less expensive than litigation. Couples often use alternative dispute resolution methods, like mediation or collaboration, to resolve matters relating to their divorce.
There are many other countless myths often believed. The first step to dispelling other myths not mentioned above is by reaching out to a qualified family law attorney who can provide advice-and relief-for specific situations.