While nobody wants to get divorced (at first), sometimes it's the best option for both spouses. Considering there is one divorce approximately every 36 seconds in the United States alone, there is a lot of information out there concerning divorce that is completely false. Here are some common divorce myths, debunked.
Myth: One of the spouses has to be at fault in order to get a divorce.
Reality: This is not true, although it was the case in the earliest days of legal divorce. Today, you can simply file under irreconcilable differences. Each state has their own rules, but in general the courts will want you to prove that you and your spouse will not be able to work through your differences.
Myth: I have to file for divorce in the state and/or county where I got married.
Reality: Not true. Each state has their own jurisdiction requirements, but typically only one person has to still be living in that state to qualify for a divorce.
Myth: Divorce is only for newlywed regret.
Reality: In fact the average length of a marriage that ends in divorce is nine years, so don't think it is something to be ashamed of if you divorce after many long years of marriage. Plus, researchers estimate that between 40 to 50% of first marriages will end in divorce.
Myth: You must go through marriage counseling to be granted a divorce.
Reality: Marital counseling is personal choice, and is not a requirement for a divorce. However, if you think your differences could be settled by going to speak to a therapist, then it's almost never a bad idea. It can potentially prevent you from a long and painful divorce process, and save you money on divorce lawyer fees.
Myth: All property and assets are split equally down the middle.
Reality: Depending on your economic status, we have very good news or very bad news. Many people go into a divorce expecting a 50/50 distribution of assets, only to be seriously blindsided by alimony, child support, or lack thereof. This divorce myth is simply not true. Before the judge decides how the assets will be split, he or she will consider many factors, such as the length of the marriage, the property each person brought into the marriage, and the age and health of the parties.
Myth: I don't need a divorce lawyer.
Reality: Experienced attorneys can save you both time and money. They can lead you through the legal maze of paperwork, court appearances, and handling your spouse's requests. If your spouse is hiring a lawyer, then you deserve to have someone advocating for you as well.
Divorce does not have to be complicated or confusing. If you have any other questions, call an experienced divorce lawyer today.