Divorce Myths That May Be Misleading You

24 August 2018
 Categories: Law, Blog


Realizing that it is time to file for divorce can be an unpleasant life experience. However, it can be the first step towards escaping and rebuilding your life following an unhealthy relationship. While it is fairly common for married couples to divorce, there are many things that people may misunderstand when it comes to starting the formal divorce proceedings.

Myth: You Will Have To Forfeit Your Share Of The Marriage Assets To Divorce

Over the course of your marriage, you and your partner may have accumulated a large number of valuable assets. People will often be concerned about divorcing their partner due to fear of forfeiting their share of these assets. Luckily, the courts will attempt to divide the assets from the marriage in an even and fair manner. Private negotiations between the two sides are usually the preferred method of handling asset distribution, but the courts can intervene when a consensus can not be reached.  

Myth: Divorce Will Always Be Extremely Traumatic To Your Children

Parents may assume that divorce will always be a very traumatic experience for their children. While it is true that this is likely to be a stressful time for the entire family, there are steps that the parents can take to reduce the impact of the divorce on the children. One of the most important will be to avoid putting children in a position where they have to choose between parents. By having a set schedule for major holiday visits and events, you can avoid putting your children in positions where they must choose one parent over the other.

Myth: You Can Be Open To Retaliation For Filing For Divorce

Unfortunately, there are some spouses that may be violent or otherwise abusive. Serving these individuals with divorce papers can be frightening due to fears of retaliation. Fortunately, your divorce law attorney may be able to help you preempt this risk through the imposition of a restraining order. Furthermore, the attorney will be able to coordinate serving the divorce papers with you so that you can avoid being trapped with the spouse once this process starts.

Myth: It Takes Both Sides Agreeing To The Divorce

Some spouses may refuse to sign the divorce papers as a way of holding power over their partner. For individuals that assume both parties must agree to the divorce, this can be an effective strategy. However, there is no need for both parties to agree to the divorce. In the event that one spouse refuses to sign the documentation, the court can issue a default ruling against them.