Divorce is a significant life event that can be emotionally and legally complex. Unfortunately, there are many misconceptions about the divorce process that can cause confusion or stress for those involved. If you’re currently going through a divorce or considering initiating one, look at some of these common misconceptions about divorce and the truth behind them.
Divorce is Always Contentious and Expensive
One of the most prominent misconceptions is that all divorces are full of conflict and cost a fortune. While some divorces can be contentious, not all cases involve bitter disputes and courtroom battles. In fact, many couples are able to work through their issues amicably through mediation or collaborative divorce processes, which can save both time and money.
The Reality: Every divorce is unique, and how expensive or contentious it is largely depends on the willingness of both parties to negotiate and compromise. Exploring alternative dispute resolution methods like mediation can lead to a smoother, more cost-effective process.
Mothers Always Get Custody of the Children
There is a common belief that mothers are automatically awarded custody of the children in a divorce. This misconception stems from historical gender biases, but in modern family law, courts prioritize the best interests of the child rather than making decisions based on gender.
The Reality: Custody decisions are based on factors such as the child’s needs, each parent’s ability to provide a stable environment, and the child’s relationship with both parents. Many courts now encourage joint custody arrangements to ensure both parents play an active role in the child’s life.
You Must Prove Fault to Get a Divorce
Some people believe that you need to prove wrongdoing, such as infidelity or abandonment, to get a divorce. This may have been true in the past, but most states, including Maryland, offer no-fault divorce options.
The Reality: In a no-fault divorce, you don’t need to prove that one spouse was at fault. You can simply cite irreconcilable differences or that the marriage has broken down beyond repair. This approach makes the process more straightforward and less stressful for both parties. Parties can also be considered separated as grounds for divorce under certain circumstances even while residing in the same home.
Assets Are Always Split 50/50
Many people assume that all marital assets are automatically split 50/50 in a divorce, but this is not always the case. The division of assets depends on various factors and how the state views property division.
The Reality: In Maryland, for example, marital assets are divided equitably, which means fairly but not necessarily equally. The court considers factors such as the length of the marriage, contributions of each spouse, and future financial needs when determining how to divide assets.
Alimony is Guaranteed in Every Divorce
Another common misconception is that one spouse is always entitled to alimony or spousal support after a divorce. While alimony may be awarded in some cases, it is not guaranteed and depends on the financial circumstances of both spouses.
The Reality: Alimony is typically awarded based on factors such as the length of the marriage, the financial dependence of one spouse on the other, and each party’s ability to earn income. In some cases, alimony may be temporary or not awarded at all.
Helping You Navigate Through Divorce
Understanding the realities of divorce can help you make informed decisions and reduce unnecessary stress during the process. At Billian Law, we are here to help you navigate through the legal complexities of divorce, debunking common misconceptions along the way. If you’re considering a divorce or have questions about the process, contact us today to schedule a consultation and get the facts you need to move forward confidently.
