The divorce process can be an emotional and tumultuous time for both parties involved, and knowing when and how to involve a family lawyer can seem daunting.
Still, there are a lot of misconceptions about how divorce works, and many individuals aren’t aware of how the laws have changed in recent years. So, how are things different now? Below are a list of common divorce myths that many are still unaware of.
The Court Favors the Mother in Custody Agreements
Courts, in the past, often favored the mother in custody decisions. However, today the best interest of the child is prioritized above all else. Factors given consideration by the courts include the child’s age, any history of family violence, and their relationship with each parent. Gender no longer plays a significant role.
The Cheating Spouse Will Be Punished
Often, in cases of infidelity, the victim of adultery will use divorce as a tool of justice to punish their spouse. However, today’s courts operate under some form of no-fault divorce proceedings, meaning courts aren’t seeking to identify who caused the marriage to end.
Not Paying Child Support Because “We Made An Agreement”
Even if both spouses come to an agreement about whether or not either should pay child support, it is ultimately up to the court’s discretion. Courts have stricter guidelines when it comes to child custody and support, and the amount of visitation and child support payments will vary by state.
Not Getting a Divorce Because The Other Spouse Doesn’t Want One
Many people still believe that both spouses must consent to a divorce for the courts to consider proceeding. That’s no longer the case. Even if one spouse doesn’t agree that the marriage is over, the courts will still grant a divorce so long as one spouse believes the marriage has come to an end.
Not Needing a Lawyer
Even if both spouses are perfectly amicable about seeking a divorce, factors such as child custody, high-value assets, and knowing how the law operates shouldn’t be underestimated. Hiring a family lawyer can help you navigate your state’s laws and help ensure you aren’t taken advantage of. You deserve the best resources and representation for your divorce proceedings. Contact The Law Offices of Sandra Guzman-Salvado family lawyer and discover what your options are today!
