When it comes to divorce, there are many common fears and concerns that come with it. However, most of these fears arise out of the perceptions of divorce that are reinforced on television and in the movies. For the most part, the divorce process is not as dramatic as the TV shows and movies make it out to be. Sadly, the drama is just going to have to live in the fictional courtrooms that we all know and love.
With so many misconceptions out there is easy to think that most of them are going to be facts rather than fiction. We put together this article to help dispel some of the most common misconceptions about divorce. Here the common misconceptions that many people still believe:
- What we have our dirty laundry aired in court?
The answer to this question is often no. Most divorce cases settle without ever having to go to court. Bad behavior is also not really relevant or considered by the court in most cases. Almost everyone who is going through a divorce has some skeletons in the closet or complaints about their spouse’s behavior. The court does not have the time and they don’t really care to hear your secrets. When it comes to child custody cases, however, this is where your dirty laundry could be aired.
- My ex cheated on me shouldn’t that work in my favor in the divorce?
This question is similar to the previous question about dirty laundry. Unless someone is actively pursuing a fault divorce, the answer again is typically no. Unlike the popular misconceptions about divorce, infidelity has little to no impact on both divorce and custody cases. This is often to the great disappointment of the spouse who was wrong.
- Will I have to appear in court?
You will only have to appear in court if you and your spouse cannot agree on the terms of your divorce or the support and custody of your children. Typically, a court appearance is not necessary if you are both able to come to a negotiated settlement.
- Is my spouse going to get 50% of everything I own?
This is one of the most common divorce misconceptions out there. While it is going to depend on the state, most states agree the property should be divided equitably. This is not exactly 50-50. What this means is that the court is going to take into consideration a list of various factors to determine what is going to be fair for both spouses. Marital property is going to be divided this way, but your own personal property is not. This means the property that you got before you were married is going to stay yours.
This so many misconceptions out there that it can be hard to know what is fact and what is fiction. This is why we suggest talking to a divorce lawyer like our friends at Robinson & Hadeed for more information so you can be well-informed with facts.